(a) Any person who conducts, finances, manages, supervises, directs or owns all or part of an illegal drug paraphernalia business shall be fined not more than five thousand dollars ($5,000) or confined in jail not less than six months nor more than one year, or both.
(b) A person violates subsection (a) hereof when:
(1) The person conducts, finances, manages, supervises, directs, or owns all or part of a business which for profit, in the regular course of business or as a continuing course of conduct, manufactures, sells, stores, possesses, gives away or furnishes objects designed to be primarily useful as drug devices.
(2) The person knows or has reason to know that the design of such objects renders then primarily useful as drug devices.
(c) As used in this section, “drug device” means an object usable for smoking marihuana, for smoking controlled substances defined as tetahydrocannabinols, or for ingesting or inhaling cocaine, and includes, but is not limited to:
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) 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.
(6) Chamber pipes;
(7) Carburetor pipes;
(8) Electric pipes;
(9) Air-driven pipes;
(10) Chillums;
(11) Bongs;
(12) Ice pipes or chillers; and
(13) Miniature cocaine spoons, and cocaine vials.
In any prosecution under this section, the question whether an object is a drug device shall be a question of fact.
(d) A place where drug devices are manufactured, sold, stored, possessed, given away or furnished in violation of this section shall be deemed a common or public nuisance. Conveyances or vehicles of any kind shall be deemed places within the meaning of this section and may be proceeded against under the provisions of subsection (e) hereof. A person who shall maintain, or shall aid or abet or knowingly be associated with others in maintaining such common or public nuisance shall be punished by a fine of not more than one thousand dollars ($1,000), or by confinement in jail not more than six months for each offense, and judgment shall be given that such nuisance be abated or closed as a place for the manufacture, sale, storage, possession, giving away or furnishing of drug devices.
(e) The City Attorney or a citizen of the Municipality where a nuisance as defined in subsection (d) hereof is located, may maintain a suit in the name of the Municipality to abate and perpetually enjoin the same, consistent with the provisions of West Virginia Code 60A-4-403a.
(f) If there is a complaint an oath or affirmation supported by affidavit or affidavits setting forth the facts for such belief that drug devices are being manufactured, sold, kept, stored or in any manner held, used or concealed in a particular house or other place with intent to engage in illegal drug paraphernalia business in violation of law, a municipal judge to whom such complaint is made, if satisfied that there is probable cause for such belief, shall issue a warrant to search such house or other place for such devices. Such warrants, except as herein otherwise provided, shall be issued, directed and executed in accordance with the laws of West Virginia and this Municipality pertaining to search warrants.
An officer charged with the execution of a warrant issued under this section may, whenever it is necessary, break open and enter a house, or other place described herein.
(6-2-98)