Chapter 9.08
DRUG PARAPHERNALIA

Sections:

9.08.010    Title.

9.08.020    Definitions.

9.08.030    Prohibitions.

9.08.040    Exemptions.

9.08.010 Title.

This chapter shall be known and may be cited as the “drug paraphernalia sale and display regulations of the city.” (Prior code § 4700)

9.08.020 Definitions.

The following terms shall have the following meanings when used in this chapter:

A. “Drug paraphernalia” shall have the meaning ascribed to it by Section 11364.5 of the California Health and Safety Code.

B. “Minor person” means a person under the age of eighteen years. (Prior code § 4701)

9.08.030 Prohibitions.

A. Except as provided by law, no person maintaining or operating any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away shall allow the display of such drug paraphernalia to a minor unless:

1. The minor is accompanied by a parent or legal guardian; and

2. The drug paraphernalia is completely and wholly kept, displayed or offered within a separate room or enclosure. Each entrance to such room or enclosure shall be sign posted in reasonably visible and legible words to the effect that drug paraphernalia is kept, displayed or offered in such room or enclosure and that minors, unless accompanied by a parent or legal guardian, are excluded.

B. Unless authorized by law, no person shall sell, furnish, transfer or give away drug paraphernalia to a minor. (Prior code § 4702)

9.08.040 Exemptions.

This chapter shall not apply to any of the following:

A. Any pharmacist or authorized person who sells or furnishes hypodermic syringes, needles and other objects intended for use or designed for use in parenterally injecting controlled substances, as defined in the California Health and Safety Code, into the human body upon the prescription of a physician, dentist, podiatrist or veterinarian.

B. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes hypodermic syringes, needles and other objects intended for use or designed for use in parenterally injecting controlled substances, as defined in the California Health and Safety Code, into the human body to his or her patients.

C. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer hypodermic syringes, needles and other objects intended for use or designed for use in parenterally injecting controlled substances, as defined in the California Health and Safety Code, into the human body. (Prior code § 4703)