Chapter 9.20 CONTROLLED SUBSTANCES

Chapter 9.20
CONTROLLED SUBSTANCES

Sections:

9.20.010 Carrying, transportation or possession of controlled substances or drug paraphernalia on or in city property.

A. It is unlawful for any person to carry or transport any controlled substance or any drug paraphernalia onto any real property owned by the city, or into any building owned or operated by the city.

B. It is unlawful for any person to possess any controlled substance or any drug paraphernalia on any real property owned by the city, or within any building owned or operated by the city. (Ord. 89-9 §3(part))

9.20.020 Exception.

A person does not violate Section 9.20.010 by carrying, transporting, and/or possessing a substance which has been lawfully prescribed for the person by a medical doctor and which is in the physical possession of the person for whom it was prescribed, or if carrying, transportation, and/or possession by the person of the controlled substance is not a violation of AS 11.71 or 11.73. (Ord. 89-9 §3(part))

9.20.030 Violation by city employee.

A. A city employee who is charged with a violation of this chapter shall be subject to the personnel actions applicable under the city employment policies and procedures to an employee charged with the commission of a crime that did not take place on the job.

B. A city employee who is convicted of a violation of this chapter is subject to the disciplinary procedures set out in the city employment policies and procedures. If the duties of the convicted employee include supervision of minors, the employee shall, in addition, if he or she continues to be employed by the city, be transferred to a position which does not involve such supervision. (Ord. 89-9 §3(part))

9.20.040 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A. “Controlled substance” means any of the following:

1. A Schedule IA controlled substance, Schedule IIA controlled substance, Schedule IIIA controlled substance, Schedule IVA controlled substance, Schedule VA controlled substance, or Schedule VIA controlled substance, as defined in AS 11.71.140 through 11.71.190, as supplemented by any regulations adopted pursuant to AS 11.71; or

2. An imitation controlled substance as defined by AS 11.73.099(3), as supplemented by any regulations adopted pursuant to AS 11.73; or

3. A drug, substance or combination of substances designated by 7 AAC Chapter 32 as being regulated or subject to the provisions of AS 17.30, as supplemented by any regulations adopted pursuant to AS 17.30; provided, however, that a substance which is exempted from the application of AS 11.71 pursuant to AS 11.71.195 or pursuant to any regulation adopted pursuant to AS 11.71 is not a “controlled substance” for purposes of this chapter.

B. 1. “Drug paraphernalia” means all items, equipment, devices, products and materials of any kind which are used, or intended 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:

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 substances;

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 except for use by or under the direction of law enforcement agencies or medical research or treatment facilities;

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 compounding controlled substances;

i. Capsules, balloons, envelopes and other containers used, intended for use or designed 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 parenterally 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:

i. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

ii. Water pipes;

iii. Carburetion tubes and devices;

iv. Smoking and carburetion masks;

v. 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;

vi. Miniature cocaine spoons, and cocaine vials;

vii. Chamber pipes;

viii. Carburetor pipes;

ix. Electric pipes;

x. Air-driven pipes;

xi. Chillums;

xii. Bongs;

xiii. Ice pipes or chillers.

2. In determining whether an object is drug paraphernalia, a court or other written authority should consider, in addition to all other logically relevant factors, the following:

a. Statements by the manufacturer, owner or by anyone in control of the object concerning its use;

b. 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;

c. The proximity of the object, in time and space, to a direct violation of AS 11.71, 11.73 or 17.30;

d. The proximity of the object to controlled substances;

e. The existence of any residue of controlled substances on the object;

f. 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, intended to use the object to facilitate a violation of AS 11.71, 11.73 or 17.30; but the innocence of an owner, or of anyone, in control of the object, as to a direct violation of AS 11.71, 11.73 or 17.30, shall not prevent a finding that the object is intended for use as drug paraphernalia;

g. Instructions, oral or written, provided with the object concerning its use;

h. Descriptive materials accompanying the object which explain or depict its use;

i. National and local advertising concerning its use;

j. The manner in which the object is displayed for sale;

k. The existence and scope of legitimate uses for the object in the community;

l. Expert testimony concerning its use. (Ord. 89-9 §3(part))