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(a) "Drug paraphernalia" means instrument, device, article, or contrivance used, designed for use, or primarily intended or designed for use in ingesting, inhaling, smoking, administering, injecting, or preparing marijuana, hashish, hashish oil, cocaine or other controlled substances. It includes items 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 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) Miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(13) Ice pipes or chillers;
(14) Wired cigarette papers; or
(15) Cocaine freebase kits.
This definition of drug paraphernalia shall not include cigarette papers or tobacco pipes unless there are extenuating circumstances such as, but not limited to, if residue of a controlled substance is found on or in a pipe or if either the paper or pipe is in close proximity to, or in the same container as, a controlled substance at the time of discovery.
(b) It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver or sell drug paraphernalia.
(c) In determining whether an object is paraphernalia, the following factors, in addition to all other relevant factors, shall be considered:
(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 intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(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 and 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 legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(10) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(11) The existence and scope of legitimate uses for the object in the community;
(12) Expert testimony concerning its use.
(d) Violation of this section shall be punishable as a class 3 misdemeanor as provided in N.C.G.S. § 14-4. The maximum fine shall be greater than fifty dollars ($50.00) for each violation of this section.
(e) State law not superseded. This section shall not be deemed to supersede any provision of the N.C.G.S.
(Ord. No. 2006-40, 10-3-06)