Chapter 9.81
SALE OF DRUG PARAPHERNALIA
Sections:
9.81.010 Purpose, intent and findings.
9.81.030 Determining what is drug paraphernalia.
9.81.040 Sale of drug paraphernalia prohibited.
9.81.050 Exceptions to prohibition.
9.81.010 Purpose, intent and findings.
The City Council finds, determines and declares that this chapter has been enacted based upon the following facts and purposes:
A. The City Council of the City of Norco is concerned about the ready availability of drug paraphernalia, as the availability of such items facilitates the use of illegal drugs; and
B. The use of illegal drugs is often linked to criminal incidents; and
C. The sale of drug paraphernalia is already prohibited under State and Federal law; and
D. The City of Norco wishes to do its part to discourage the use of illegal drugs by prohibiting the sale of drug paraphernalia in Norco; and
E. The City Council is aware that in some instances retail stores sell drug paraphernalia in the guise of selling items for use with tobacco; and
F. The City Council has previously adopted an ordinance establishing license requirements and regulations for establishments that sell tobacco; and
G. The City Council of the City of Norco therefore determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the City of Norco. (Ord. 914 Sec. 1, 2009)
9.81.020 Definitions.
For the purpose of this chapter, “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, possession of which is unlawful under 21 U.S.C. Section 801 et seq. “Drug paraphernalia” shall include, but not be limited to, all of the following:
A. Kits intended for use or designed 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 intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
C. Isomerization devices intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
D. Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances.
E. Scales and balances intended for use or designed for use in weighing or measuring controlled substances.
F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances.
G. Separation gins and sifters intended for use or designed 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 or designed for use in compounding controlled substances.
I. Capsules, balloons, envelopes, and other containers intended for use or designed for use in storing or concealing controlled substances.
J. Containers and other objects intended for use or designed for use in storing or concealing controlled substances.
K. Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body.
L. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine or hashish oil into the human body, such as the following:
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. (Ord. 914 Sec. 1, 2009)
9.81.030 Determining what is drug paraphernalia.
In determining whether an object is drug paraphernalia, the City, 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. 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. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who intend to use the object to facilitate the use of any illegal drug.
D. Instructions, oral or written, provided with the object concerning its use.
E. Descriptive materials accompanying the object which explain or depict its use.
F. National and local advertising concerning its use.
G. The manner in which the object is displayed for sale.
H. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items in the community, such as a licensed distributor or dealer of tobacco products.
I. The existence and scope of legitimate uses for the object in the community.
J. Expert testimony concerning its use. (Ord. 914 Sec. 1, 2009)
9.81.040 Sale of drug paraphernalia prohibited.
Except as authorized by Federal law, State law that is not preempted by Federal law, or the exceptions in this chapter, no person shall do any of the following with respect to drug paraphernalia: deliver; furnish; transfer; possess with intent to deliver, furnish, or transfer; manufacture with the intent to deliver, furnish, or transfer; or maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away. (Ord. 914 Sec. 1, 2009)
9.81.050 Exceptions to prohibition.
Notwithstanding any provision of this chapter, no violation of this chapter shall be deemed to exist when any of the following acts occur:
A. Any pharmacist or other authorized person sells or furnishes drug paraphernalia described in NMC 9.81.020(K) upon the prescription of a physician, dentist, podiatrist or veterinarian.
B. Any physician, dentist, podiatrist or veterinarian furnishes or prescribes drug paraphernalia described in NMC 9.81.020(K) to his or her patients.
C. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described in NMC 9.81.020(K) who sells or transfers such items. (Ord. 914 Sec. 1, 2009)
9.81.060 Penalties.
As authorized by California Health and Safety Code, Section 11364.7(d), the violation, or the causing or the permitting of a violation, of this chapter by a holder of a business license or other permit issued by the City of Norco, and in the course of the licensee’s or permittee’s business, shall be grounds for the revocation of that license or permit including, but not limited to, any conditional use permit that allows the operation of a retail tobacco store. In addition, violations of this chapter may be prosecuted or cited in accordance with Chapter 1.04 NMC. (Ord. 914 Sec. 1, 2009)