(a) No person shall possess, produce or market for sale any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with “controlled substances” as the same is defined in W.Va. Code, Ch. 60A.
(b) As used in this section, “Paraphernalia” shall be defined as any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, cocaine based derivative, heroin, marijuana, and methamphetamine and includes certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs and dealer- specific products used for preparing illegal drugs for distribution at the street level such as scales, vials, and baggies but is not limited to, the following:
(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) Carburetor tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(6) Chamber pipes;
(7) Carburetor pipes;
(8) Electric pipes;
(9) Air-driven pipes;
(10) Chillums;
(11) Bongs;
(12) Ice pipes or chillers; and
(13) Miniature cocaine spoons, and cocaine vials.
Drug paraphernalia does not include any items traditionally used with tobacco such as pipes and rolling papers.
(c) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are hereby declared to be severable.
(d) Any person violating the provisions of this section is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or confined in the county or regional jail not more than 30 days, or both; for the second offense, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county or regional jail not more than 30 days, or both fined and imprisoned; for third or subsequent offenses, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,000, or confined in the county or regional jail not more than 30 days, or both fined and imprisoned. (Ord. 2016-005. Passed 1-10-17.)