(A) Prohibited drugs and marijuana.
(1) Possession. Except as authorized by M.S. § 152.01 et seq., as amended, no person shall possess or have in their possession or control any controlled substance.
(2) Controlled substances. Controlled substances are defined as all of the substances listed in M.S. § 152.02, as amended, and also marijuana (cannabis sativa L).
(3) Automobiles. A person who is the owner of a private motor vehicle, or the driver of the motor vehicle if the owner is not present, and who possesses on his or her person or keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, any controlled substance as defined above is guilty of a misdemeanor. This area of the vehicle shall not include the trunk of the motor vehicle when such vehicle is equipped with a trunk or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers.
(4) Violations. Any person violating any of the subsections of this section is guilty of a misdemeanor; further, upon a finding of guilty or a plea of guilty to any violation of this section, the Court may impose sentence pursuant to the provisions of M.S. § 152.18, as it may be amended from time to time, except that such period of probation may be for a period of up to one year.
(B) Drug paraphernalia.
(1) Definitions.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used, intended for use or designed for use, in planting, propagating, testing, analyzing, pack-aging, repackaging, storing, containing, concealing,
injecting, 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, which includes, but is not limited to:
1. 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.
2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
3. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
4. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
5. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
6. Diluents and adulterants such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances.
7. 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.
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
10. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
12. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. 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.
f. Miniature cocaine spoons and cocaine vials.
g. Chamber pipes.
e. Carburetor pipes.
f. Electric pipes.
g. Air-driven pipes.
h. Chillums.
i. Bongs.
j. Ice pipes or chillers.
13. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all the other logically relevant factors the following:
a. Statements by an owner or by anyone in control of the object concerning its use.
b. Prior convictions, if any, of the owner or of anyone in control of the object of any State or Federal law relating to any controlled substance.
c. The proximity of the object in time and space to the direct violation of this section.
d. The proximity of the object to controlled substances.
e. The existence of any residue of controlled substances on the object.
f. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom the person in control knows, or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of an owner or of anyone in control of the object, as a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
g. Instructions, oral or written, provided with the object concerning its use.
h. Descriptive materials accompanying the object which explain or depict its use.
i. National and local advertising concerning its use.
j. The manner in which the object is displayed for sale.
k. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community such as a licensed distributor or dealer of tobacco products.
l. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
m. The existence and scope of legitimate uses for the object in the community.
n. Expert testimony concerning its use.
(2) Other terms. The terms CONTROLLED SUBSTANCE, MANUFACTURING, MARIJUANA and PERSON are defined as specified in M.S. § 152.01, as it may be amended from time to time.
(B) Offenses and penalties.
(1) Possession of drug paraphernalia. 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, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
(2) Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
(3) Advertisement of drug paraphernalia. It is unlawful for any person to place or cause to be placed in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(4) Penalty. Any person who violates subsections (1), (2) or (3) of this division is guilty of a misdemeanor.
(C) Forfeiture. Upon final conviction for violation of the provisions of this section, all drug paraphernalia seized as evidence shall be turned over to the Chief of Police. Any such evidence which is adaptable to police purposes may be kept and used by the Police Department. Such evidence which is usable or adaptable for use in a lawful manner may be sold by the Chief of Police at a public auction sale following at least two weeks’ published notice of such sale. Such evidence which would be dangerous or unlawful to reintroduce into channels of private sale or use may, in the discretion of the Chief of Police, be destroyed.