Chapter 8.03
DRUG PARAPHERNALIA
Sections:
8.03.010 Sale and display of drug paraphernalia.
8.03.020 Persons prohibited from entering.
8.03.030 Sale to person prohibited.
8.03.060 Unauthorized sale of drug paraphernalia declared a public nuisance.
8.03.010 Sale and display of drug paraphernalia.
No person shall display for sale or offer for sale, in a place of business open to the public, any drug paraphernalia. As used in this section and NCC 8.03.010 through 8.03.060, the phrase “drug paraphernalia” shall include any of the items possession of which is prohibited by Section 11364 of the Health and Safety Code of the State, or any instrument used, designed for use, or intended for use in ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil, or cocaine, such as:
A. Metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana, or hashish pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.
B. Water pipes, designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine.
C. Carburetion tubes and devices.
D. Smoking and carburetion masks.
E. Roach clips.
F. Separation gins designed for use or intended for use in cleaning marijuana.
G. Cocaine spools and vials.
H. Chamber pipes.
I. Carburetor pipes.
J. Electric pipes.
K. Air driven pipes.
L. Chillums.
M. Bongs.
N. Ice pipes or chillers.
8.03.020 Persons prohibited from entering.
No person in control of any place of business open to the public shall allow any person to enter or remain in a room at such place of business in which drug paraphernalia are displayed for sale or offered for sale.
8.03.030 Sale to person prohibited.
No person at any place of business open to the public shall sell drug paraphernalia to any other person.
8.03.040 Entrance prohibited.
No person shall enter or remain in a room at a place of business open to the public in which drug paraphernalia are displayed for sale or offered for sale.
8.03.050 Purchase prohibited.
No person shall purchase drug paraphernalia at a place of business open to the public.
8.03.060 Unauthorized sale of drug paraphernalia declared a public nuisance.
The display for sale or possession for sale of drug paraphernalia in a place of business open to the public, except as permitted in this section, is hereby declared to be a public nuisance and may be abated pursuant to Section 731 of the Code of Civil Procedure of the State.
8.03.070 Exemptions.
This chapter shall not apply to any of the following:
A. Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist, or veterinarian.
B. Any physician, dentist, podiatrist, or veterinarian, who furnishes or prescribes drug paraphernalia to his or her patients.
C. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia. (Ord. 81-3, 3-10-1981)