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OFFENSES RELATING TO DRUG PARAPHERNALIA
Sections:
9.44.010 Definitions.
9.44.020 Drug Paraphernalia-Determination-Considerations.
9.44.030 Possession of drug paraphernalia-Penalty
9.44.010 Definitions. As used in this chapter, unless
the context otherwise requires:
A. "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 laws
of this state. "Drug paraphernalia" includes, but is not limited to:
1. Testing equipment used, intended for use, or designed for use in identifying
or in analyzing the strength, effectiveness, or purity of controlled substances
under circumstances in violation of the laws of this state;
2. Scales and balances used, intended for use, or designed for use in weighing
or measuring controlled substances;
3. Separation gins and sifters used, intended for use, or designed for use in
removing twigs and seeds from or in otherwise cleaning or refining marihuana;
4. Blenders, bowls, containers, spoons, and mixing devices used, intended for
use, or designed for use in compounding controlled substances;
5. Capsules, balloons, envelopes, and other containers used, intended for use,
or designed for use in packaging small quantities of controlled substances;
6. Containers and other objects used, intended for use, or designed for use
in storing or concealing controlled substances; or
7. Objects used, intended for use, or designed for use in ingesting, inhaling,
or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the
human body, such as:
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. Roach clips, meaning objects used to hold burning material, such as a marihuana
cigarette that has become too small or too short to be held in the hand;
e. Miniature cocaine spoons and cocaine vials;
f. Chamber pipes;
g. Carburetor pipes;
h. Electric pipes;
i. Air-driven pipes;
j. Chillums;
k. Bongs; or
l. Ice pipes or chillers.
(Ord. O-97-13 § 4 (part), 1997).
9.44.020 Drug paraphernalia-Determination-Considerations.
A. In determining whether an object is drug paraphernalia, a court, in its discretion,
may consider, in addition to all other relevant factors, the following:
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 knowledge of an owner, or of anyone
in control of the object, or evidence that such person reasonably should know
that the object could be used to facilitate the use of a controlled substance
in violation of state statute;
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. The existence and scope of legal uses for the object in the community;
8. Expert testimony concerning its use.
B. In the event a case brought pursuant to this chapter is tried before a jury,
the court shall hold an evidentiary hearing on issues raised pursuant to this
section. Such hearing shall be conducted in camera. (Ord. O-97-13 § 4 (part),
1997).
9.44.030 Possession of drug paraphernalia-Penalty.
A person commits unlawful possession of drug paraphernalia if he possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of state statute. (Ord. O-2006-21 § 5, 2006; Ord. O-97-13 § 4 (part), 1997).
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