§ 9-629. Drug Paraphernalia, Blunt Cigars, and Similar Items. 948

   (1)   It shall be unlawful for any person, including any retail business, to sell or offer for sale any of the following:

      (a)   Any item that constitutes drug paraphernalia, as that term is defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-102, where the seller knows, or under the circumstances reasonably should know, that it would be used to 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 that Act, especially any of the following:

         (.1)   Containers, bags, capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as well as cigars, cigarettes and related items intended for use in concealing or holding such substances;

         (.2)   Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:

            (.a)   Cigars sold singly, flavored cigars known as "blunts", unflavored "blunts", flavored and unflavored blunt wraps, cigarette rolling papers, cigarillos, and tiparillos;

            (.b)   Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

            (.c)   Water pipes;

            (.d)   Carburetion tubes and devices;

            (.f)   Smoking and carburetion masks;

            (.g)   Roach clips; meaning objects used to hold burning material such as a marihuana cigarette that has become too small or too short to be held in the hand;

            (.h)   Chamber pipes;

            (.i)   Carburetor pipes;

            (.j)   Electric pipes;

            (.k)   Air-driven pipes;

            (.l)   Chillums;

            (.m)   Bongs;

            (.n)   Ice pipes or chillers;

            (.o)   Miniature cocaine spoons and cocaine vials;

            (.p)   Rose and pen combinations.

   (2)   It shall be unlawful for any person, including any retail business, to sell or offer for sale within five hundred (500) feet of a school, recreation center, day care center, church, or community center any of the items identified in either subsection 9-622(5) or subsection 9-629(1), regardless of the intent as to use of the item. 949

   (3)   Exception. This Section shall not apply to cigarettes in packages of 20 or more included in the directory published pursuant to Section 301 of the Pennsylvania Tobacco Product Manufacturer Directory Act, 35 P.S. § 5702.301.

   (4)   Penalties.

      (a)   In addition to the penalties as presently provided by law, any person in violation of this Section shall be subject to a civil penalty of seven hundred dollars ($700) for each violation committed during calendar year 2005; one thousand one hundred dollars ($1,100) for each violation committed during calendar year 2006; one thousand five hundred dollars ($1,500) for each violation committed during calendar year 2007; one thousand nine hundred dollars ($1,900) for each violation committed during calendar year 2008; and two thousand dollars ($2,000) for each violation committed thereafter.

      (b)   In addition to the penalties outlined above, the Department of Licenses and Inspections may revoke the commercial activity license of any person violating the provisions of this Section. 950

 

Notes

948	Added, Bill No. 060345-AAA (approved January 23, 2007).
949	Subsections 9-622(5)(a) and 9-629(2) were invalidated by the Supreme Court of Pennsylvania. See Holt's Cigar Co., Inc. v. City of Philadelphia, 10 A.3d 902, 914 (Pa. 2011).
950	Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.