For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA.
(1) Except as otherwise provided in division (2) below, DRUG PARAPHERNALIA means all equipment, products and materials of any kind, which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, enhancing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injection, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of M.S. Chapter 152, as it may be amended from time to time. The term PARAPHERNALIA includes, without limitation:
(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant, which is a controlled substance;
(d) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, including quinine hydrochloride, mannitol, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons, grinders and mixing devices used, intended for use, or designed for use in compounding, manufacturing, producing, processing or preparing controlled substances;
(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or products or materials used or intended for use in manufacturing, producing, processing or preparing controlled substances; and
(k) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing controlled substances to include, but not limited to, marijuana, cocaine, hashish or hashish oil into the human body, including:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Objects, sometimes commonly referred to as roach clips, used to hold burning material, for example, a marijuana cigarette, that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
(2) Exceptions: DRUG PARAPHERNALIA shall not include:
(a) Those items used in conjunction with permitted uses of controlled substances under the Uniform Controlled Substances Act, being 21 U.S.C. §§ 801 et seq.;
(b) Those items used by law enforcement officials as it relates to the seizure or forfeiture of drug paraphernalia in connection with a crime or offense;
(c) Those items used by federal, state or local law enforcement officials for educational purposes; and
(d) The possession, manufacture, delivery or sale of hypodermic needles or syringes in accordance with M.S. § 151.40, as it may be amended from time to time.
OTHER TERMS. Other terms are defined as specified in M.S. § 152.01, as it may be amended from time to time.
(Ord. 200, passed 5-28-2013)