Chapter 8.44
DRUG PARAPHERNALIA

Sections:

8.44.010    Definitions.

8.44.020    Prohibited Acts.

8.44.030    Seizure and Forfeiture.

8.44.040    Punishment.

8.44.050    Severability.

8.44.010 Definitions.

As used in this chapter, the following words, terms and phrases shall have the following respective meanings ascribed to them:

(1)    “Controlled substance” means any substance, or its immediate precursor, listed in Schedules I through V, inclusive, of Article II of RCW Chapter 69.50.

(2)    “Deliver” means the actual, constructive, or attempted transfer from one person to another of drug paraphernalia whether or not there is an agency relationship.

(3)    (a) “Drug paraphernalia” means all equipment, products and materials of any kind which are principally intended 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 RCW Chapter 69.50.

(b)    Drug paraphernalia includes, but is not limited to:

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

(ii)    Kits principally intended or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(iii)    Isomerization devices principally intended or designed for use in increasing the potency of any species of plant which is a controlled substance;

(iv)    Testing equipment principally intended or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(v)    Scales and balances principally intended or designed for use in weighing or measuring controlled substances;

(vi)    Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, principally intended or designed for use in cutting controlled substances;

(vii)    Separation gins and sifters principally intended or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

(viii)    Blenders, bowls, containers, spoons and mixing devices principally intended or designed for use in compounding controlled substances;

(ix)    Capsules, balloons, envelopes and other containers principally intended or designed for use in packaging small quantities of controlled substances;

(x)    Containers and other objects principally intended or designed for use in storing or concealing controlled substances;

(xi)    Hypodermic syringes, needles and other objects principally intended or designed for use in parenterally injecting controlled substances into the human body;

(xii)    Objects principally intended or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

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

(B)    Water pipes,

(C)    Carburetion tubes and devices,

(D)    Smoking and carburetion masks,

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

(F)    Miniature cocaine spoons, and cocaine vials,

(G)    Chamber pipes,

(H)    Carburetor pipes,

(I)    Electric pipes,

(J)    Air-driven pipes,

(K)    Chillums,

(L)    Bongs, and

(M)    Ice pipes or chillers.

(c)    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:

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

(ii)    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, to the extent such prior convictions would be admissible under Washington State Rules of Evidence 404(b);

(iii)    The proximity of the object, in time and space, to a direct violation of this chapter or of RCW Chapter 69.50;

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

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

(vi)    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 or RCW Chapter 69.50; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter, or RCW Chapter 69.50 shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

(vii)    Instructions, oral or written, provided with the object which explain or depict its use;

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

(ix)    National and local advertising concerning its use;

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

(xi)    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;

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

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

(xiv)    Expert testimony concerning its use.

(4)    “Immediate precursor” means a substance which the State Board of Pharmacy has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

(5)    “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container; except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance by a practitioner, as defined by RCW Chapter 69.50, as an incident to administering or dispensing of a controlled substance in the course of the practitioner’s practice, nor does this term include the preparation, compounding, packaging, or labeling of a controlled substance by a practitioner, as defined by RCW Chapter 69.50, or by an authorized agent, as defined by RCW Chapter 69.50, under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

(6)    “Marijuana” means all parts of the plant of the genus Cannabis L., whether growing or not; the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(7)    “Person” means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

(Ord. 1-1981 §1(part), 1981).

8.44.020 Prohibited Acts.

(1)    Possession of Drug Paraphernalia. It is unlawful for any person to use, or to 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 in violation of RCW Chapter 69.50. Any person who violates this subsection is guilty of a misdemeanor.

(2)    Manufacture or Delivery of Drug Paraphernalia. 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 in violation of RCW Chapter 69.50. Any person who violates this subsection is guilty of a misdemeanor.

(3)    Advertisement of Drug Paraphernalia. It is unlawful for any person to place, within the boundaries of Yakima County, any advertisement in any newspaper, magazine, handbill, or other publication 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 objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.

(Ord. 1-1981 §1(part), 1981).

8.44.030 Seizure and Forfeiture.

(1)    Property Subject to Seizure and Forfeiture. All drug paraphernalia as defined by Section 8.44.010 is subject to seizure and forfeiture to Yakima County.

(2)    Procedure for Seizure and Forfeiture.

(a)    Drug paraphernalia may be seized and held as evidence in connection with an arrest for a violation of any provision of this chapter, and forfeited to the county or otherwise disposed of as may be ordered by the court.

(b)    The Yakima County district court or other court of competent jurisdiction may issue a warrant for the seizure of drug paraphernalia. Drug paraphernalia seized pursuant to a warrant is subject to forfeiture by court order.

(c)    Any peace officer having probable cause to believe that property constitutes drug paraphernalia, so as to be subject to seizure and forfeiture, may seize the property, provided that court proceedings for the forfeiture thereof shall be commenced no later than five days after the initial seizure.

(3)    Abandoned or Lost Drug Paraphernalia. Drug paraphernalia in the possession of the county which is abandoned or lost, or for whom the owner cannot be determined, shall be disposed of in the same manner as other contraband property.

(4)    Ownership of Forfeited Property. Property forfeited pursuant to this chapter shall be the sole property of Yakima County.

(Ord. 1-1981 §1(part), 1981).

8.44.040 Punishment.

Any violation of this chapter shall be a misdemeanor punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

(Ord. 1-1981 §1(part), 1981).

8.44.050 Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect within the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. 1-1981 §1(part), 1981).