For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. A drug or its immediate precursor classified in Schedules I through V under the Federal Controlled Substances Act, 21 U.S.C. §§ 811 to 812, as modified under O.R.S. 475.035.
DELIVER or DELIVERY. The actual, constructive, or attempted transfer, other than by administering or dispensing from one person to another of a controlled substance or drug paraphernalia, whether or not there is an agency relationship and regardless of consideration.
DRUG PARAPHERNALIA.
(1) All equipment, products, and materials of any kind which are used, marketed 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 O.R.S. 475.752 to 475.980.
(2) DRUG PARAPHERNALIA includes, but is not limited to:
(a) Kits used, marketed for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, marketed for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices used, marketed for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, marketed for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;
(e) Scales and balances used, marketed for use, or designed for use in weighing or measuring controlled substances;
(f) Lighting equipment specifically designed for the growing of controlled substances;
(g) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, marketed for use, or designed for use in cutting controlled substances;
(h) Separation gins and sifters used, marketed for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(i) Containers and other objects used, marketed for use, or designed for use in storing or concealing controlled substances;
(j) Hypodermic syringes, needles, and other objects used, marketed for use or intended to be used for injecting illegal controlled substances into the human body;
(k) Objects used, marketed for use, or designed specifically for use of an inhalant as defined in state law; and
(l) Objects used, marketed for use, or designed specifically for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
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, that has become too small or too short to be held in the hand, such as a marijuana cigarette;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
DRUG TEST. A lawfully administered test designed to detect the presence of a controlled substance.
MARIJUANA. All parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil,, or cake, the sterilized seed of the plant which is incapable of germination, industrial hemp as defined in O.R.S. 571.300, or industrial hemp commodities or products.
(Ord. 717, passed 9-12-2011)