Chapter 9.12
DRUG ABUSE AND PARAPHERNALIA1
Sections:
9.12.050 Civil proceedings and forfeiture.
9.12.102 Accessibility of methamphetamine precursor drugs.
9.12.103 Registration of purchases.
9.12.010 Definitions.
As used in this chapter, the following terms shall have the meanings as defined in this section:
(a) “Controlled substance” means a substance defined as such in AS 11.71 or 17.30 and amendments thereto.
(b) “Drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines 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 spoons with level capacities of one-tenth cubic centimeter or less;
(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; or
(15) Cocaine freebase kits.
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) Instructions, oral or written, provided with the item concerning its use;
(2) Descriptive materials accompanying the item which explain or depict its use;
(3) National and local advertising concerning its use;
(4) The manner in which the item is displayed for sale;
(5) Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(6) The existence and scope of legitimate uses of the item in the community; and
(7) Expert testimony concerning its use.
The innocence of an owner, or of anyone in control of the object, as to a violation of AS 11.71 or 17.30 shall not prevent a finding that the object is drug paraphernalia.
(c) “Methamphetamine precursor drugs” means a drug or product containing as its sole active ingredient ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers, not including any compounds, mixtures, or preparations that are in liquid, liquid capsule, or gel capsule form in which pseudoephedrine is not the only active ingredient.
(d) “Over-the-counter sales” means a retail sale of a drug or product, but does not include the sale of a drug or product pursuant to the terms of a valid prescription.
(e) “Retailer” means any person, corporation, partnership, or other business entity conducting business who sells or furnishes any over-the-counter drug product containing methamphetamine precursor drugs to any person who is the ultimate user or consumer of the product. (Ord. 1534 § 1, 2005; Ord. 1434 § 1, 2000; Ord. 966 § 1, 1981)
9.12.020 Sale prohibited.
It is unlawful for any person to sell, possess with intent to sell or offer for sale drug paraphernalia. (Ord 1434 § 1, 2000)
9.12.030 Exemptions.
This chapter shall not apply to:
(a) Any person authorized by local, state, or federal law to manufacture, possess, or distribute such items; or
(b) Any item that, in the normal lawful course of business, is traditionally intended for use and traditionally sold with tobacco products. (Ord. 1434, 2000; Ord. 966 § 1, 1981)
9.12.040 Penalties.
(a) Any person who violates this chapter shall be punished by a fine of not more than $500.00. Pursuant to KMC 1.02.110, the fine schedule for violations of this chapter is:
|
First offense: |
$200.00 |
|
Second offense in 12 months: |
$350.00 |
|
Third and subsequent offenses in 12 months: |
$500.00 |
(Ord. 1534 § 6, 2005; Ord. 1434 § 1, 2000; Ord. 966 § 1, 1981)
9.12.050 Civil proceedings and forfeiture.
The sale, possession with intent to sell, or the offering for sale of drug paraphernalia in violation of this chapter is declared to be a public nuisance. In addition to any other proceedings authorized by this chapter, the city may file an action in the superior court or other court of competent jurisdiction to enjoin the sale of, offering for sale, or possession with intent to sell drug paraphernalia in violation of this chapter and for an order providing for the abatement of such public nuisance. Any item sold, possessed with intent to sell, or offered for sale in violation of this chapter shall be subject to forfeiture. (Ord 1434 § 1, 2000; Ord. 966 § 1, 1981)
9.12.101 Prohibited acts.
It shall be unlawful for any retailer or employee thereof knowingly to sell, transfer, or to otherwise furnish in single transaction without registration:
(a) More than two packages of one or more over-the-counter products that he or she knows to contain methamphetamine precursor drugs; or
(b) A single package of any over-the-counter product that he or she knows to contain more than three grams of methamphetamine precursor drugs. (Ord. 1534 § 2, 2005)
9.12.102 Accessibility of methamphetamine precursor drugs.
A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are displayed and offered for sale only:
(a) Behind a checkout counter where the public is not permitted; or
(b) Inside a locked display case. (Ord. 1534 § 3, 2005)
9.12.103 Registration of purchases.
(a) Any retailer that sells or delivers, or attempts to sell or deliver, to a person any product containing methamphetamine precursor drugs shall require such person to show proper identification and to sign a register for a purchase of more than two packages or more than three grams.
(b) The registers described in this section shall be created or approved by the city of Ketchikan and used by all retailers that sell a product or products described in this section. The register forms shall require at least the following information:
(1) The name and specific quantity of methamphetamine precursor drugs purchased;
(2) The signature of the purchaser;
(3) The name and residential or mailing address of the purchaser, other than a post office box number;
(4) The number of the purchaser’s motor vehicle operator’s license or other legal identification by any governmental agency at the time of the purchase;
(5) The date of such purchase; and
(6) The signature of an employee of the retail establishment as witness to the purchase and identification of the purchase.
(c) As used in this section, “legal identification” means a valid motor vehicle operator’s license or other official and valid identification issued by any governmental agency of the purchaser that contains a photograph of the purchaser.
(d) No purchase may be made of methamphetamine precursor drugs by persons under 16 years of age.
(e) Upon written request of any law enforcement agency, any retailer shall without delay report electronically or by mail the information collected in subsection (b) of this section for the six-month period preceding the written request.
(f) The register required to be maintained in this section and the information entered thereon is confidential. The retailer may not allow access to the register or release information contained therein except to a law enforcement agency. (Ord. 1537 § 1, 2006; Ord. 1534 § 4, 2005)
9.12.104 Penalties.
Any retailer who violates KMC 9.12.101, 9.12.102, or 9.12.103 shall be punished by a fine of not more than $500.00. Pursuant to KMC 1.02.110, the fine schedule for violations of these sections is:
|
First offense: |
$200.00 |
|
Second offense and subsequent offenses: |
$500.00 |
For the purposes of determining the number of offenses, the combined total number of violations of KMC 9.12.101, 9.12.102, and 9.12.103 shall be counted regardless of the section subsequently violated. (Ord. 1534 § 5, 2005)
Prior legislation: Code 1962 § 13-9.