For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CONTROLLED SUBSTANCE.” Any drug or controlled substance as defined under any law of the state or of the United States of America.
“DRUG PARAPHERNALIA.”
(1) 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. It includes, but is not limited to:
(a) Kits used, intended 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, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;
(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
(g) 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;
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes, or other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(l) 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:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. “ROACH CLIPS.” 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. “COCAINE VIALS” and “COCAINE SPOONS.” Spoons with bowls so small that the primary use for which they are reasonably adapted or designed is to hold or administer cocaine, and which are so small as to be unsuited for the typical lawful uses of a spoon;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs;
13. Ice pipes or chillers;
(2) In determining whether an object is “DRUG PARAPHERNALIA”, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any city, state, or federal law relating to any controlled substance;
(c) The proximity of the object to controlled substances;
(d) The existence of any residue of controlled substances on the object;
(e) 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 any city, state, or federal law relating to any controlled substance, the innocence of an owner or of anyone in control of the object, as to a direct violation of city, state, or federal law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(f) Instruction, oral or written, provided with the object concerning its use;
(g) Descriptive materials accompanying the object which explain or depict its use;
(h) National or local advertising concerning its use;
(I) The manner in which the object is displayed for sale;
(j) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(k) The existence and scope of legitimate uses for the object in the community;
(l) Expert testimony concerning its use.
(Ord. 80-0-9, passed 5-27-80)