(A) Provisions of state law adopted by reference. Minn. Stat. Chapter 152, as it may be amended from time to time, is adopted by reference.
(B) Purpose. The purpose of this section is to regulate the possession, sale, manufacture, advertisement and delivery of drug paraphernalia and thereby deter the use of controlled substances in the city. This section is not intended to allow what the state statutes prohibit nor to prohibit what state statutes expressly allow.
(C) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. 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 state statutes or this section. 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 of 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 a 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 and 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, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips or meaning objects used to hold burning material such as a marijuana cigarette which has become too small or too short to be held in the hand;
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.
(D) Exceptions. Drug paraphernalia shall not include:
(1) Those items used in conjunction with permitted uses of controlled substances under the Uniform Controlled Substances Act;
(2) Those items used by law enforcement officials as it relates to the seizure and/or forfeiture of drug paraphernalia in connection with a crime or offense;
(3) Those items used by federal, state or local law enforcement officials for educational purposes; or
(4) The possession, manufacture, delivery or sale of hypodermic needles or syringes in accordance with Minn. Stat. § 151.40(2), as it may be amended from time to time.
(E) Evidence. 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:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner or anyone in control of the object under state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this section;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner or anyone in control of the object to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of an owner or anyone in control of the object as to a direct violation of this section should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object that explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) 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;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.
(F) Offenses.
(1) Possession. It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or to otherwise introduce into the human body a controlled substance in violation of this section.
(2) Manufacture, sale or delivery. It is unlawful for any person to sell, deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
(3) Minors. Any person 18 years of age or over who violates division (F)(2) above by selling or delivering drug paraphernalia and said sale or delivery is to a person who is under 18 years of age and at least three years his or her junior shall be violating this division (F)(3), as well as division (F)(2) above.
(4) Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(G) Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor.
(H) Civil forfeiture. All drug paraphernalia as defined in this section is subject to forfeiture, subject to the provisions set forth in state statutes.
(2001 Code, § 2005.23) (Ord. 06-06, passed - -)