(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor in Schedules I through V in S.C. Code §§ 44-53-190, 44-53-210, 44-53-250 and 44-53-270, as may be amended from time to time hereafter.
CRACK. Crack cocaine, as defined in S.C. Code § 44-53-110, as amended.
DELIVER or DELIVERY. The actual, constructive or attempted transfer of a controlled substance or illegal drug or paraphernalia, as defined in this section.
DRUG. A substance, as defined in S.C. Code § 44-53-110, as amended, and as may be amended from time to time hereafter.
ICE or CRANK. A crystal form of a d-meth-amphetamine hydrochloride, a crystal form of other amphetamine or methamphetamine derivatives, and means such other form of amphetamine or methamphetamine or such other drug as may be otherwise defined in S.C. Code § 44-53-110, as amended.
MARIJUANA. A substance, as defined in S.C. Code § 44-53-110, as amended, and as may be amended from time to time hereafter.
NARCOTIC DRUG. Opium, coca leaves, opiates, compounds, manufacture, salt, derivative or preparation of opium, coca leaves or opiates, together with the definition of narcotic drugs as defined in S.C. Code § 44-53-110, as amended, and as may be amended from time to time hereafter.
PARAPHERNALIA. Any instruments, device, article or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, preparing or otherwise consuming marijuana, hashish, hashish oil, heroin, cocaine or any derivatives thereof, ice, crank, crack or any other drug or other controlled substance, but shall not include cigarette papers and tobacco pipes, but shall include, but is not limited to:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes used, designed for use with, or intended for use with marijuana, hashish, hashish oil, cocaine, “narcotic drugs”, “ice”, “crank”, “crack” or other illegal drug or controlled substance, whether or not such pipe is equipped with screens, permanent screens, hashish heads, “crack” heads, “ice” heads or punctured metal bowls.
(b) Water pipes used with, designed for use with, or intended for use with: marijuana, hashish, hashish oil, cocaine, “narcotic drugs”, “ice”, “crank”, “crack” or other illegal drug or controlled substance.
(c) “Carburetor” pipes, tubes or devices, that is, devices incorporating a tube and which are used for the controlled ingestion into the lungs of the user of substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, heroin, “narcotic drugs”, “ice”, “crank”, “crack” or other illegal drug or controlled substance.
(d) Smoking a “carburetion” masks, that is, devices incorporating masks which exclude normal air from the facial orifices of the user, and which allow the user to ingest into his or her lungs substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, heroin, “narcotic drugs”, “ice”, “crank”, “crack” or other illegal drug or controlled substance.
(e) “Roach clip”, that is, a clip-type or spring-type, or other, device used for the holding of marijuana cigarettes to facilitate the smoking of marijuana cigarettes by the user of the “roach clip”.
(f) Separation gins used for, designed for use, or intended for use, in cleaning marijuana.
(g) Spoons or vials used for the storage or consumption of cocaine, heroin, “crack”, “crank”, “ice”, or other narcotic drugs or controlled substances.
(h) Chamber pipes, that is, devices incorporating a smoke chamber and a method of burning marijuana, hashish, hashish oil, cocaine, “narcotic drugs”, “ice”, “crank”, “crack” or other illegal drug or controlled substance, and used for, intended to be used for, a designed for use, in connection with the smoking of the drugs aforementioned.
(i) “Electric pipes” that is, devices incorporating a tube or pipe, and an electric blower device, and which are used for, designed for use for, or intended for use for, the controlled ingestion into the lungs of the user of substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, “narcotic drugs”, “ice”, “crank”, “crack” or other illegal drug or controlled substance.
(j) “Air-driven pipes” that is, devices incorporating a tube or pipe and a means of mechanically forcing air through the pipe, and which are used for, designed for use for, or intended for use for, the controlled ingestion into the lungs of the user of substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, “narcotic drugs”. “ice”, “crank”, “crack” or other illegal drug or controlled substance.
(k) “Bong”, means the slang term for a “carburetor” tube or pipe, as defined herein.
(l) “Ice pipe or chiller” means a carburetor type tube or pipe, as defined in Paragraph 3 of this section, which has the additional feature of incorporating a cooling mechanism for the cooling of the smoke produced by the devices.
(m) “Syringes” means those syringes used for, designed for use for, or intended for use for administration of drugs, controlled substances and/or narcotic drugs, and which syringes are not possessed pursuant to a valid prescription from a medical doctor.
(n) “Possession” means having “paraphernalia” on or about the person, or having dominion and control over those portions of a premises where in the person knows, or reasonably should know, that “paraphernalia” is located.
(B) The possession anywhere in “paraphernalia,” as defined in this section, shall be illegal, unless otherwise authorized by state or federal law, or unless authorized by valid prescription from a physician licensed to practice medicine in South Carolina, or licensed by the united states government.
(C) (1) If any person has possession, dominion or control over “paraphernalia”, or over the premises where the “paraphernalia is located, and at the same time and place, has dominion or control over controlled substances, including, but not limited to “narcotic drugs”, marijuana, “crack”, “heroin”, “ice” or “Crank”, the court or jury may find, but is not required to find, that the person has possession of “paraphernalia” in contravention of this section.
(2) If any person has possession, dominion or control over “paraphernalia”, and such paraphernalia is contaminated with any trace or small amount of controlled substances, including, but not limited to “narcotic drugs”, marijuana, “crack”, “heroin”, “ice” or “crank”. The court or jury may presume that such “paraphernalia” is used, designed to be used or intended to be used as “paraphernalia” as defined in this ordinance, and such person may be found guilty of violating this section.
(D) Any person found guilty by a court of competent jurisdiction of violating this section shall be subject to the maximum penalties not provided, or which may hereafter be provided, by the laws of the State of South Carolina for violations of criminal offenses within the jurisdiction of the Municipal Courts of the state.
(1982 Code, Ch. 10, Art. IV, § 4-15) (Ord. passed 11-19-1991) Penalty, see § 130.999