Chapter 30
DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA
Sections:
5-30.02 Drug paraphernalia defined.
5-30.03 Determining whether an object is drug paraphernalia.
5-30.05 Displays of drug paraphernalia.
5-30.06 Distribution of drug paraphernalia.
5-30.01 Purpose.
This chapter is enacted for the purpose of preserving the public health, safety, and welfare by providing control over the distribution and display of drug paraphernalia as defined in this chapter.
(§ l, Ord. 518-81 C-M, eff. March 12, 1981)
5-30.02 Drug paraphernalia defined.
“Drug paraphernalia” shall mean all equipment, products, and materials of any kind which are intended by a person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of any law of the State. “Drug paraphernalia” shall include, but shall not be limited to, all of the following:
(a) Kits intended 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 can be derived;
(b) Kits intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment intended for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances;
(e) Scales and balances intended for use in weighing or measuring controlled substances;
(f) Dilutants and adulterants, such as quinine hydrochloride mannitol, mannite, dextrose, and lactose, intended for use in cutting controlled substances;
(g) Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons, and mixing devices intended for use in packaging small quantities of controlled substances;
(i) Capsules, balloons, envelopes, and other containers intended for use in packaging small quantities of controlled substances;
(j) Containers and other objects intended for use in storing or concealing controlled substances; and
(k) Objects intended for use in injecting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) 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;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Air-driven pipes; and
(10) Bongs.
(§ l, Ord. 518-81 C-M, eff. March 12, 1981)
5-30.03 Determining whether an object is drug paraphernalia.
In determining whether an object is drug paraphernalia, a court or other authority may 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) The proximity of the object to controlled substances;
(c) The existence of any residue of controlled substances in or on the object;
(d) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver to persons whom he knows intend to use the object to facilitate a violation of the laws of the State relating to controlled substances;
(e) Instructions, oral or written, provided with the object concerning its use;
(f) Descriptive materials accompanying the object which explain or depict its use;
(g) National and local advertising concerning its use;
(h) The manner in which the object is displayed for sale;
(i) Direct or circumstantial evidence of the ratio of the sales of the object or objects to the total sales of the business enterprise;
(j) The existence and scope of legitimate uses of the object in the community; and
(k) Expert testimony concerning its use.
(§ l, Ord. 518-81 C-M, eff. March 12, 1981)
5-30.04 Definitions: General.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Business” shall mean a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
(b) “Controlled substance” shall mean those controlled substances set forth in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code of the State, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended.
(c) “Display” shall mean to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.
(d) “Distribute” shall mean to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. “Distribute” shall include both sales and gifts.
(e) “Patron” shall mean any person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business.
(f) “Person” shall mean a natural person or any firm, partnership, association, corporation, or cooperative association.
(§ 1, Ord. 518-81 C-M, eff. March 12, 1981)
5-30.05 Displays of drug paraphernalia.
(a) Except as authorized by law, it shall be unlawful for any person to wilfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business.
(b) Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof, or one who works at such business as an agent of the owner to wilfully display drug paraphernalia at such a business.
(§ l, Ord. 518-81 C-M, eff. March 12, 1981)
5-30.06 Distribution of drug paraphernalia.
Except as authorized by law, it shall he unlawful for any person to wilfully distribute to another person 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 any law of the State.
(§ 1, Ord. 518-81 C-M, eff. March 12, 1981)