Chapter 6.44
SALE, DISPLAY AND USE OF
DRUG PARAPHERNALIA
Sections:
6.44.020 Sale and display prohibited.
6.44.030 Nuisance declared – Abatement.
6.44.010 Definitions.
(1) “Controlled substance,” as used in this chapter, is defined as that term is defined in Chapter 69.50 RCW, the Uniform Controlled Substances Act of the State of Washington.
(2) The term “paraphernalia” for the purpose of this chapter includes, but is not limited to, one or more of those items identified in the list set forth in subsection (4) of this section, and shall mean any device designed primarily for, or intended for use by, individuals for the smoking, inhalation or ingestion of marijuana, hashish, hashish oil, cocaine, or any other controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs.
(3) A device “designed primarily for” such smoking or ingestion set forth in subsection (2) of this section, is a device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking, ingestion or consumption of marijuana, hashish, hashish oil, cocaine, or any other controlled substance, and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose.
(4) Items or devices includable as paraphernalia are:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent or otherwise, heads, or punctured metal bowls;
(b) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong,” or otherwise;
(c) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;
(d) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe,” or otherwise;
(e) A device constructed so as to permit the simultaneous mixing and ingesting of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb,” or otherwise;
(f) A canister, container or other device with a tube, nozzle or other similar arrangement attached thereto so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under pressure, whether the device is known as a “power hitter,” or otherwise;
(g) A device for holding a marijuana cigarette, whether the device is known as a “roach clip,” or otherwise;
(h) A spoon for ingestion of a controlled substance through the nose;
(i) A straw or tube for ingestion of a controlled substance through the nose or mouth. (Ord. 573 § 1(a), 1980).
6.44.020 Sale and display prohibited.
No person may maintain in any place of business the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia which are primarily designed for, or intended to be used for the smoking, ingestion, or consumption of marihuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs. (Ord. 573 § 1(b), 1980).
6.44.030 Nuisance declared – Abatement.
The distribution or possession for the purpose of sale, exhibition or display, in any place of business, of devices, contrivances, instruments or paraphernalia 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 declared to be a public nuisance and may be abated by the city of Oak Harbor. 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. 573 § 1(c), 1980).
6.44.040 Violation – Penalty.
(1) A violation of any section of this chapter is a misdemeanor unless otherwise stated, punishable by a fine of up to $1,000 or 90 days in jail, or both such fine and jail time.
(2) A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an over-crowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. (Ord. 1043 § 5, 1996; Ord. 573 § 1(d), 1980).