Chapter 9.44
DRUG PARAPHERNALIA
Sections:
9.44.020 Definitions – Generally.
9.44.030 Definitions – Drug paraphernalia.
9.44.040 Determining whether an object is drug paraphernalia.
9.44.050 Display of drug paraphernalia.
9.44.060 Distribution of drug paraphernalia.
9.44.010 Purpose.
This chapter is enacted for the purpose of preserving the public health, safety and welfare by providing control over the distribution and display of drug paraphernalia as defined in this chapter. (Ord. 498 § 1, 1981)
9.44.020 Definitions – Generally.
As used in this chapter, the following terms shall mean:
A. “Business” means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
B. “Controlled substance” means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended.
C. “Display” means to show to a patron, or 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 in another, whether for consideration or as a gratuity. “Distribute” includes both sales and gifts.
E. “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.
F. “Person” means a natural person or any firm, partnership, association, corporation, or cooperative association. (Ord. 498 § 4, 1981)
9.44.030 Definitions – Drug paraphernalia.
“Drug paraphernalia” means all equipment, products, and materials of any kind which are intended by person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state. “Drug paraphernalia” includes, but is not limited to, all of the following:
A. Kits intended for use in planting, propagation, 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 intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
C. Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;
D. Testing equipment intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
E. Scales and balances intended for use in weighing or measuring controlled substances;
F. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, intended for the use in cutting controlled substances;
G. Separation gins and sifters intended for use in removing twigs and seeds from or in otherwise cleaning or refining, marijuana;
H. Blenders, bowls, containers, spoons and mixing devices intended for use in packaging small quantities of controlled substances;
I. Capsules, balloons, envelopes, and other containers intended for use in packaging small quantities of controlled substances;
J. Containers and other objects intended for use in storing or concealing controlled substances; and
K. Objects intended for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil 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 materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons, and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Air-driven pipes;
10. Bongs. (Ord. 498 § 2, 1981)
9.44.040 Determining whether an object is drug paraphernalia.
In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
A. Statements by an owner or by anyone in control of the object concerning its use;
B. The proximity of the object to controlled substances;
C. The existence of any residue of controlled substances in or on the object;
D. Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver to persons whom he or she knows intend to use the object to facilitate a violation of the laws of the state relating to controlled substances;
E. Instructions, oral or written, provided with the object concerning its use;
F. Descriptive materials accompanying the object which explain or depict its use;
G. National and local advertising concerning its use;
H. The manner in which the object is displayed for sale;
I. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
J. The existence and scope of legitimate uses of the object in the community; and
K. Expert testimony concerning its use. (Ord. 498 § 3, 1981)
9.44.050 Display of drug paraphernalia.
A. Except as authorized by law, it shall be unlawful for any person to wilfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business.
B. Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner, to wilfully display drug paraphernalia at such a business. (Ord. 498 § 5, 1981)
9.44.060 Distribution of drug paraphernalia.
Except as authorized by law, it shall be unlawful for any person to wilfully distribute to another person 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 any law of the state. (Ord. 498 § 6, 1981)