(A) Purpose. The purpose of this section is to prohibit the use, possession with intent to use, manufacture and delivery of drug paraphernalia, as defined in this section.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. The same as the term “controlled substance” is defined in I.C.A. Ch. 124, as amended.
DRUG PARAPHERNALIA. 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, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.
PERSON. An individual, corporation, business, trust, estate, partnership or association or any other legal entity.
(C) Possession prohibited. It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, conceal, contain, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
(D) Manufacture, delivery or offering for sale prohibited. It is unlawful for any person to deliver, possess with intent to deliver or offer for sale drug paraphernalia, intending that the drug paraphernalia will be used or knowing or under circumstances where one reasonably should know it will be used or where one reasonably should know it will be used or knowing that it is designed for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, conceal, contain, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
(E) Exceptions. The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in lawful transportation of such paraphernalia, or to public officers or employees while engaged in the performance of their official duties, or to persons suffering from diabetes, asthma or any other medical condition requiring self-injection.
(2013 Code, § 21-12.5) (Ord. 14529, passed 3-25-1996; Ord. 14709, passed 3-24-2003; Ord. 14970, passed 11-27-2017) Penalty, see § 130.999