(A) Definition. For purposes of this section, the term DRUG PARAPHERNALIA shall mean all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the laws of this state. DRUG PARAPHERNALIA includes, but is not limited to:
(1) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances under circumstances in violation of the laws of this state;
(2) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(3) 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;
(4) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
(5) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
(6) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; or
(7) 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) Carburation tubes and devices;
(d) Smoking and carburation 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;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air driven pipes;
(k) Chillums;
(l) Bongs; or
(m) Ice pipes or chillers.
(B) Possession, sale or distribution prohibited.
(1) It shall be unlawful for any person to possess, sell, offer for sale, display, furnish, supply or give away any drug paraphernalia.
(2) The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, nurses, hospitals, physicians, dentists, veterinarians, pharmacists or embalmers engaged in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties.
(C) Evidence of violation. In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) The proximity of the object to controlled substances;
(3) The existence of any residue of controlled substances on the object;
(4) Direct or circumstantial evidence of the knowledge of any owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he or she knows, or reasonably should know, could use the object to facilitate a violation of this chapter;
(5) Instructions, oral or written, provided with the object concerning its use;
(6) Descriptive materials accompanying the object which explain or depict its use;
(7) National or local advertising concerning its use;
(8) The manner in which the object is displayed for sale;
(9) Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;
(10) The existence and scope of legal uses for the object in the community; and
(11) Expert testimony concerning its use.
(Prior Code, § 6-3-28) (Ord. 475, passed 1-20-1997) Penalty, see § 130.99