Chapter 9.34
DRUG PARAPHERNALIA
Sections:
9.34.030 Affirmative defense and exemption.
9.34.040 Enforcement, civil penalties and forfeiture.
9.34.010 Definitions.
For the purpose of this Chapter, the following words, terms and phrases shall mean:
1. Controlled Substance. ORS 475.005(6) is adopted for the purpose of defining the term “controlled substance.”
2. “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 state law. It includes, but is not limited to:
(a) Kits used or intended for use in 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 used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substance;
(c) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used or intended for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances;
(g) Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used or intended for use in packaging small quantities of controlled substances;
(i) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;
(j) Containers and other objects used or intended for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles, and other objects used or intended for use in injecting controlled substances into the human body;
(l) Objects used or intended for use in ingesting, 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 head, 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) Electric pipes;
(10) Air-driven pipes;
(11) Chillums;
(12) Bongs;
(13) Ice pipes or chillers;
(m) 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:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) The proximity of the object, in time and space, to a direct violation of this Section;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of controlled substances on the objects;
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of this Section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Section should not prevent a finding that the object is intended for use as a drug paraphernalia;
(6) Instructions, oral or written, provided with the object concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) 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;
(11) Direct or circumstantial evidence of the ratio of sale of the object(s) to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community;
(13) Expert testimony concerning its use. (Ord. 1027 § 1 (part), 2013)
9.34.020 Prohibitions.
1. Possession of Drug Paraphernalia. No person shall use or possess with intent to use 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 except upon prescription of a licensed physician, dentist, or other person authorized to prescribe the same under the law of the State of Oregon.
2. Manufacture or Delivery of Drug Paraphernalia. No person shall deliver, possess with intent to deliver, or manufacture with intent to deliver, 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 except upon the authority granted to a licensed physician, dentist, or other person authorized to prescribe the same under the law of the State of Oregon.
3. Delivery of Drug Paraphernalia to a Minor. No person 18 years of age or over shall to a person under 18 years of age who is at least 3 years his or her junior deliver, possess with intent to deliver, or manufacture with intent to deliver, 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 except upon the authority granted to a licensed physician, dentist, or other person authorized to prescribe the same under the law of the State of Oregon. (Ord. 1027 § 1 (part), 2013)
9.34.030 Affirmative defense and exemption.
1. It shall be an affirmative defense to any alleged violation of this Chapter that the using or possessing of drug paraphernalia by such person is authorized by virtue of an existing, current and valid registration by such person pursuant to the Oregon Medical Marijuana Act of 1998 and any amendments thereto then in effect. No affirmative defense is available under this chapter if the person is engaged in the prohibited conduct in a public place as the term is defined in ORS 161.015(10), or in public view. When an affirmative defense is raised at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
2. The provisions of this Chapter do not apply to persons registered under the provisions of ORS 475.125 or to persons specified as exempt from registration under the provisions of that statute. (Ord. 1027 § 1 (part), 2013)
9.34.040 Enforcement, civil penalties and forfeiture.
1. Any person who violates Section 9.34.020(1) shall incur a civil penalty in an amount of not more than $500.00.
2. Any person who violates Section 9.34.020(2) shall incur a civil penalty in an amount not more than $750.00.
3. Any person who violates Section 9.34.020(3) shall incur a civil penalty in an amount not more than $1,000.00.
4. A violation of a provision of this Chapter that is identical to a state statute with a lesser civil penalty shall be limited to the lesser penalty prescribed in state law.
5. The City Manager or his or her designee may bring a civil action in the Sutherlin Municipal Court to enforce this Chapter.
6. If, at the trial or upon a hearing, the trier of fact finds any item received into evidence at the trial or hearing to be drug paraphernalia, the court may order the item forfeited upon motion of the City Manager or his or her designee. The drug paraphernalia may then be destroyed or, if the paraphernalia is of substantial value and is not contraband, may be sold, the proceeds to be deposited in the General Fund. (Ord. 1027 § 1 (part), 2013)
9.34.050 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Ord. 1027 § 1 (part), 2013)