Chapter 9.56
DRUG PARAPHERNALIA

Sections:

9.56.010    Definitions.

9.56.020    Illegal Conduct.

9.56.030    Remedies.

9.56.010 Definitions.

As used in this Chapter, the following terms shall mean the following:

A.    "Business" means any location, whether indoors or outdoors, at which merchandise is offered for sale.

B.    "Controlled substance" means those controlled substances set forth in the Revised Code of Washington (RCW 69.50) or the United States Code (at 21 USC Sections 801-971) as such now exist or may hereafter be amended.

C.    "Display" means to show to a patron or to place in a manner so as to be available for viewing or inspection by a patron.

D.    "Distribute" means to transfer ownership or a possessory interest to another, whether for consideration, as a gratuity or gift, for consignment, or otherwise.

E.    "Drug paraphernalia" means any of the following:

1.    Any item, whether useful for non drug-related purposes or not, which is displayed, grouped with other items, advertised, or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting, or ingesting of marijuana, hashish, cocaine, methamphetamine, or any controlled substance.

2.    Any item, whether useful for non drug-related purposes or not, which is designed, decorated, adorned, packaged, or displayed in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, inhaling, injecting, or ingesting of marijuana, hashish, cocaine, methamphetamine, or any controlled substance.

3.    Any item defined by any statute of the state of Washington as drug paraphernalia (RCW 69.50) or by any statute of the United States Code (at 21 USC Sections 801 971) as drug paraphernalia.

4.    The term "drug paraphernalia" includes, without limitation, all equipment, products, and materials of any kind, whether useful for non-drug-related purposes or not, 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. Drug paraphernalia includes, but is not limited to, 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:

a.    Kits used, intended for use, or primarily 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 primarily designed for use in the manufacturing, compounding, converting, producing, processing, or preparing of unlawful drugs or controlled substance.

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 or controlled substance.

d.    Testing equipment used, intended for use, or designed for use in identifying or analyzing the strength, effectiveness, or purity of unlawful drugs or controlled substances.

e.    Scales and balances used, intended for use, or designed for use in weighing or measuring unlawful drugs or controlled substances.

f.    Diluents and adulterants, such as quinine hydrochloride, mannitol/mannite, dextrose, and lactose used, intended for use, or designed for use in cutting or thinning unlawful drugs or controlled substances.

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 or other controlled substance.

h.    Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding unlawful drugs or a controlled substance.

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.    Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting unlawful drugs or controlled substances into the human body.

l.    The phrase "designed primarily for" in subsection 4. of this Section means 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. Such drug paraphernalia includes, but is not limited to, the following items or devices:

(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; whether the device is known as a "roach clip" or otherwise;

(6)    Miniature cocaine spoons, cocaine vials, or any spoon used, intended for use, or primarily designed for ingestion of a controlled substance;

(7)    Chamber pipes;

(8)    Carburetor pipes;

(9)    Electric pipes;

(10)    Air-driven pipes;

(11)    Chillums;

(12)    Bongs;

(13)    Ice pipes or chillers;

(14)    Wired cigarette papers;

(15)    Cocaine freebase kits;

(16)    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;

(17)    A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a "buzz bomb" or otherwise;

(18)    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;

(19)    A straw or tube for ingestion of a controlled substance through the nose or mouth; and

(20)    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.

m.    In determining whether an object is "drug paraphernalia," a court, hearing officer, or other authority may consider the following, in addition to the foregoing and all other logically relevant factors:

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

(2)    Proximity of the object to controlled substances;

(3)    Existence of any residue of controlled substances on the object;

(4)    Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he or she knows, or reasonably should know, intend to use the object to facilitate a violation of the laws of the state of Washington or the United States relating to controlled substances;

(5)    Descriptive materials or instructions, written or oral, accompanying the object, which explain or depict its use;

(6)    National and local advertising concerning its use;

(7)    The manner in which the object is displayed for sale, including its proximity to other objects falling within the definition of drug paraphernalia;

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

(9)    Expert testimony concerning its use, including testimony from law enforcement personnel regarding their knowledge and experience concerning its use.

F.    "Manufacture" means to fabricate, make, produce, create, assemble, modify, adapt, or turn out.

G.    "Patron" means a person who enters a business for the purpose of purchasing, or viewing as a shopper, merchandise offered for sale at the business.

H.    "Person" means a natural person or any firm, partnership, association, corporation, or cooperative association.

(Ord. 2005-103 § 1 (part), 2006)

9.56.020 Illegal Conduct.

A.    It is unlawful for any person to 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.

B.    It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.

(Ord. 2005-103 § 1 (part), 2006)

9.56.030 Remedies.

A.    Any person who violates any provision of subsections A. and B., or who sells or gives, or permits to be sold or given, to any person any drug paraphernalia in any form commits a Class 1 Civil Infraction under Chapter 7.80 RCW and shall be punished accordingly, pursuant to Chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction. It shall be no defense to a prosecution for an infraction issued under this subsection that the person acted, or was believed by the defendant to act, as agent or representative of another. Provided, that nothing in this Section prohibits legal distribution of injection syringe equipment through public health and community-based HIV prevention programs.

B.    Any person 18 years of age or over who violates subsection A. of this Section by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his junior is guilty of a gross misdemeanor.

C.    Any person who violates subsections A. or B., and has previously been found to have committed an infraction under either of those Sections within the most recent 24 month period shall be guilty of committing a misdemeanor. Upon conviction, said person shall be punished by a fine of not more than $1,000.00 and confinement of up to 90 days, or a combination of a fine and confinement.

(Ord. 2005-103 § 1 (part), 2006)