A. Defined: For the purpose of this section, "drug paraphernalia" means 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 State Uniform Controlled Dangerous Substances Act, 63 Oklahoma Statutes section 2-101 et seq., hereinafter referred to as "the Act", and adopted by reference in this section. It includes, but is not limited to:
1. 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;
2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3. Isomerization devices used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
4. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
5. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances; (2001 Code § 131.19)
7. Separation gins and sifters used, intended for use or designed for use in cleaning or refining any species of plant which is a controlled substance or from which a controlled substance can be derived; (Ord. 1671, 8-6-2018)
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; and (2001 Code § 131.19)
12. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing any controlled substances into the human body, such as: (Ord. 1671, 8-6-2018)
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. Carburetion tubes and devices;
d. Smoking and carburetion masks; (2001 Code § 131.19)
e. "Roach clips", meaning objects used to hold burning material that has become too small or too short to be held in the hand; (Ord. 1671, 8-6-2018)
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. (2001 Code § 131.19)
Any device used for the consumption of medical marijuana shall not be considered "drug paraphernalia". (Ord. 1671, 8-6-2018)
B. Factors In Determining: 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 of anyone in control of the object, under any State or Federal law relating to any controlled substance;
3. The proximity of the object, in the time and space, to a direct violation of the Act;
4. The proximity of the object to controlled substances;
5. The existence of any residue or controlled substances on the object;
6. Direct or circumstantial evidence of an intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intended to use the object to facilitate a violation of the Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Act shall 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 which 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 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.
C. Use Or Possess: 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 otherwise introduce into the human body a controlled substance in violation of the Act.
D. Deliver Or Possess: It is unlawful for any person to 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 the Act.
E. Advertising: 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. (2001 Code § 131.19)