(a) It shall be unlawful for any person to 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 Chapter 60A of the West Virginia Code which contains any detectable residue of a “controlled substance” not legally possessed.
(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, any container with drug residue (ex dinner plates, spoons), 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) Chambers pipes;
(7) Carburetor pipes;
(8) Electric pipes;
(9) Air-driven pipes;
(10) Chillums;
(11) Bongs;
(12) Ice pipes or chillers;
(13) Miniature cocaine spoons, and cocaine vials, and
(14) Needles without prescriptions.
Drug paraphernalia does not include any items traditionally used with tobacco such as pipes and rolling papers. The provisions of this section shall not apply to any person who owns or is engaged in breeding or raising livestock, poultry or other animals to which hypodermic injections are customarily given in the interest of health, safety, or good husbandry; or to hospitals, physicians, pharmacists, dentists, podiatrists, veterinarians, funeral directors and embalmers, persons to whom a permit has been issued, manufacturers, wholesaler or their authorized agents or employees when in the usual course of their business, if the controlled paraphernalia lawfully obtained continues to be used for the legitimate purposes for which they were obtained.
(c) If any provision of this section or the application thereof to any person or circumstance 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 guilty of a misdemeanor.
(Passed December 8, 2014.)
CODIFIED ORDINANCES OF PRINCETON