Chapter 5-14
DRUG PARAPHERNALIA
Sections:
5-14-02 Maintenance and display of drug paraphernalia.
5-14-03 Application of provisions of Section 5-14-02.
5-14-04 Sales to minors prohibited.
5-14-05 Advertising prohibited.
5-14-01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) Drug paraphernalia. “Drug paraphernalia” shall mean all equipment, products, and materials of any kind which are used, intended for use, or designed for use in 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” shall include, but not be limited to, all of the following:
(1) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(2) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(3) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances;
(4) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting controlled substances;
(5) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis;
(6) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(7) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(8) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; and
(9) Objects used, intended for use, or designed for use in injecting, inhaling, or otherwise introducing cannabis, 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 to hold burning materials, such as a cannabis 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) Air-driven pipes; and
(x) Bongs.
In determining whether an object is “drug paraphernalia,” a court or other authority may consider to the extent authorized by law, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) 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;
(3) The proximity of the object, in time and space, to a direct violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows intend to use the object to facilitate a violation of the laws of the State relating to controlled substances;
(7) Descriptive materials or instructions, oral or written, accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale, including its proximity to other objects falling within the definition of drug paraphernalia;
(10) Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise;
(11) The existence and scope of legitimate uses for the object in the community; and
(12) Expert testimony concerning its use.
(b) Business. “Business” shall mean a fixed location, whether indoors or outdoors, at which merchandise is offered for sale.
(c) Display. “Display” shall mean to show or have available for viewing.
(d) Sell. “Sell” shall mean any form of transfer of possession or delivery, whether with or without consideration.
(e) Advertise. “Advertise” shall mean to verbally, literally, or pictorially display, publicize, or tell of an item or a quantum of merchandise that is offered for sale.
(f) Minor. “Minor” shall mean any person under eighteen (18) years of age.
(g) Controlled substance. “Controlled substance” shall mean those controlled substances set forth in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code of the State, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended, renumbered, or added to in any way.
(h) Enclosure. “Enclosure” shall mean floor space, the physical access to which is restricted and the interior of which is not subject to view by a patrol from the outside.
(i) Person. “Person” shall mean a natural person or any firm, partnership, association, corporation, or cooperative association.
(1255-CS, Amended, 07/11/2019)
5-14-02 Maintenance and display of drug paraphernalia.
(a) No person shall 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, unless such drug paraphernalia is completely and wholly kept, displayed, or offered within a separate room or enclosure from which persons under the age of eighteen (18) years who are not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be signposted in reasonably visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded.
(b) No owner, manager, proprietor, or other person in charge of any room or enclosure within any place of business in which drug paraphernalia is kept, displayed, or offered in any manner, sold, furnished, transferred, or given away shall permit or allow any person under the age of eighteen (18) years to enter, be in, remain in, or visit such room or enclosure, unless such minor is accompanied by one of his or her parents or his or her legal guardian.
(c) No person under the age of eighteen (18) years shall enter, be in, remain in, or visit any room or enclosure in any place of business which has been signposted in the manner prescribed in subsection (a) of this section, unless accompanied by one of his or her parents or by his or her legal guardian.
5-14-03 Application of provisions of Section 5-14-02.
The provisions of subsection (a) of Section 5-14-02 of this chapter shall not apply to any person, unless that person maintains or operates a place of business in which drug paraphernalia is kept, displayed, or offered in any manner which intent to deliver, sell, furnish, transfer, or give away knowing, or under circumstances where he should reasonably 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 system a controlled substance in violation of any law of the State.
The provisions of subsection (b) of Section 5-14-02 of this chapter shall not apply to any owner, manager, proprietor, or other person in charge of any room or enclosure within any place of business in which drug paraphernalia is kept, unless the drug paraphernalia is required by the provisions of subsection (a) of Section 5-14-02 of this chapter to be kept, displayed, or offered within such separate room or enclosure.
5-14-04 Sales to minors prohibited.
No person shall deliver, sell, furnish, transfer, or give away to a minor any drug paraphernalia knowing, or under circumstances where he 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.
5-14-05 Advertising prohibited.
No person shall advertise in any newspaper, handbill, or other publication produced within the County knowing, or under circumstances where he reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed for use or intended for use as drug paraphernalia.
5-14-06 Exceptions.
(a) This chapter shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist, or veterinarian;
(2) Any physician, dentist, podiatrist, or veterinarian who furnishes or prescribes drug paraphernalia to his or her patients; and
(3) Any manufacturer, wholesaler, or retailer licensed by the State Board of Pharmacy to sell or transfer drug paraphernalia.
(b) No provision of this chapter shall be deemed, whether directly or indirectly, to authorize any use, possession, or other act which is otherwise prohibited by any law of the State or require any act which is prohibited by any law of the State; nor shall any provision of this chapter be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State.
5-14-07 Enforcement.
(a) Misdemeanors. Failure to comply with this chapter shall be a misdemeanor, punishable as provided in Section 1-2-01 of Chapter 2 of Title 1 of this Code.
(b) Public nuisances. A violation of any provision of this chapter is declared to be a public nuisance, subject to abatement pursuant to Section 731 of the Code of Civil Procedure of the State.
(c) Business licenses: Appeal. A violation of any provision of this chapter shall be sufficient grounds for the Finance Director to revoke, suspend, or refuse to renew the business license of the person or entity violating this chapter. A criminal conviction or adverse judgment in a nuisance action shall not be required in order to establish a violation of this chapter for the purposes of revocation, suspension, or refusal to issue or renew a business license pursuant to this subsection.
Any person or entity aggrieved by the action of the Finance Director in revoking, suspending, or refusing to renew or issue a business license pursuant to this subsection shall have the right to appeal as provided by Title 1, Chapter 4 of this Code.
(866-CS, Amended, 02/09/1995)