Chapter 9.22
DRUG PARAPHERNALIA RESTRICTIONS

Sections:

9.22.010    Statutory provisions adopted by reference.

9.22.020    Drug paraphernalia defined.

9.22.030    Possession of drug paraphernalia prohibited.

9.22.040    Manufacture or delivery of drug paraphernalia prohibited.

9.22.050    Advertisement of drug paraphernalia prohibited.

9.22.060    Designated acts deemed public nuisance – Abatement.

9.22.070    Property subject to seizure and forfeiture.

9.22.010 Statutory provisions adopted by reference.

The city of Stanwood has adopted all the provisions of House Bill 42, Laws 1981, Chapter 48, by reference as though fully set forth; and copies are on file at Stanwood City Hall for public inspection. (Ord. 567, 1981).

9.22.020 Drug paraphernalia defined.

(1) The term “drug paraphernalia” means all equipment, products, and materials of any kind whose primary design function is 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 unlawful drugs, including but not limited to controlled substances as defined by Chapter 69.50 RCW. Such term includes but is not limited to:

(a) Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance or unlawful drug can be derived;

(b) Kits used, intended for use, or designed for use in the manufacturing, compounding, converting, producing, processing or preparing of unlawful drugs;

(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is an unlawful drug;

(d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of unlawful drugs;

(e) Scales and balances used, intended for use, or designed for use in weighing or measuring unlawful drugs;

(f) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting unlawful drugs;

(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 unlawful drugs;

(i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of unlawful drugs;

(j) Containers and other objects used, intended for use, or designed for use in storing or concealing unlawful drugs;

(k) 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:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii) Water pipes;

(iii) Carburetion tubes and devices;

(iv) Smoking and carburetion masks;

(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(vi) Miniature cocaine spoons and cocaine vials;

(vii) Chamber pipes;

(viii) Carburetor pipes;

(ix) Electric pipes;

(x) Air-driven pipes;

(xi) Chillums;

(xii) Bongs;

(xiii) Ice pipes or chillers.

(2) 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:

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) 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;

(c) The proximity of the object, in time and space, to a direct violation of the Controlled Substance Act, Chapter 69.50 RCW;

(d) The proximity of the object to controlled substances;

(e) The existence of any residue of controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(g) Instructions, oral or written, provided with the object concerning its use;

(h) Descriptive materials accompanying the object which explain or depict its use;

(i) National and local advertising concerning its use;

(j) The manner in which the object is displayed for sale;

(k) 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;

(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(m) The existence and scope of legitimate uses for the object in the community;

(n) Expert testimony concerning its use. (Ord. 567 § 1, 1981).

9.22.030 Possession of drug paraphernalia prohibited.

It is unlawful for any person to use, or to possess with intent to use, any item of 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 this chapter. Any person who violates this section is guilty of a misdemeanor, and upon conviction may be imprisoned for not more than 90 days or fined not more than $500.00, or both. (Ord. 567 § 2, 1981).

9.22.040 Manufacture or delivery of drug paraphernalia prohibited.

It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, any item of 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 code. Any person who violates this section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than 90 days, fined not more than $500.00, or both. (Ord. 567 § 3, 1981).

9.22.050 Advertisement of drug paraphernalia prohibited.

It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, or to display on any poster, reader board or billboard or sign of any sort, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement or display, in whole or in part, is to promote the sale of any object designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than 90 days, fined not more than $500.00, or both. (Ord. 567 § 4, 1981).

9.22.060 Designated acts deemed public nuisance – Abatement.

The distribution or possession for the purpose of sale, exhibition or display, in any place, public or private, of any devices, contrivances, instruments, or paraphernalia, including all items defined as drug paraphernalia in SMC 9.22.020, which are primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is hereby declared to be a public nuisance and may be abated by the city of Stanwood. This remedy shall be in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this chapter. (Ord. 567 § 5, 1981).

9.22.070 Property subject to seizure and forfeiture.

(1) The following are subject to seizure and forfeiture:

(a) All drug paraphernalia.

(2) Upon showing of probable cause that any property is subject to seizure or forfeiture, any court of competent jurisdiction may issue a warrant for the seizure thereof. Any peace officer having probable cause to believe that property is subject to seizure and forfeiture may seize the same, provided proceedings for forfeiture shall be commenced within a reasonable time and in no case more than five days after the initial seizure.

(3) Property seized in accord with this section or subject to forfeiture shall be forfeited by civil proceedings commenced in the same manner as other civil actions of a like nature. Property abandoned or lost, or for whom the owner cannot be determined, shall be disposed of as is other lost property.

(4) The property forfeited shall be the sole property of the city of Stanwood. (Ord. 567 § 6, 1981).