Chapter 9.25
DRUG PARAPHERNALIA

Sections:

9.25.010    Drug paraphernalia – Selling, giving, or possessing.

9.25.020    Definitions.

9.25.030    Exceptions.

9.25.010 Drug paraphernalia – Selling, giving, or possessing.

It is unlawful for any person to sell, deliver, possess, or manufacture drug paraphernalia that will be used to unlawfully 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 as defined by ORS 475.005. [Ord. 891 § 1 (Exh. A), 2007; Code 2000 § 6.900.]

9.25.020 Definitions.

(A) For purposes of this chapter, “drug paraphernalia” is defined as all equipment, products, and materials of any kind which are used, intended for use, or designed 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 cocaine, methamphetamines, or any other substance defined as a controlled substance by Oregon Revised Statutes or United States Code, with the exception of marijuana, marijuana concentrates, or marijuana-infused products. Solely for the purposes of this chapter, marijuana, marijuana concentrates, or marijuana-infused products are not “controlled substances.”

“Drug paraphernalia” includes, but is not limited to:

(1) Kits marketed for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(2) Isomerization devices marketed for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

(3) Testing equipment marketed for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(4) Scales and balances marketed for use or designed for use in weighing or measuring controlled substances;

(5) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, marketed for use or designed for use in cutting controlled substances;

(6) Repealed by Ord. 2016-014;

(7) Containers and other objects marketed for use or designed for use in storing or concealing controlled substances; and

(8) Objects marketed for use or designed specifically for use in ingesting, inhaling or otherwise introducing cocaine or other controlled substances into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens or hashish heads;

(b) Water pipes;

(c) Carburetion tubes and devices;

(d) Smoking and carburetion masks;

(e) Repealed by Ord. 2016-014;

(f) Miniature cocaine spoons and cocaine vials. [Ord. 891 § 1 (Exh. A), 2007; Code 2000 § 6.905; Ord. 2016-014 § 1 (Exh. A), 2016.]

9.25.030 Exceptions.

(A) Drug paraphernalia does not include hypodermic syringes or needles.

(B) The provisions of this chapter do not apply to persons registered under the provisions of ORS 475.125 or to persons specified as exempt from registration under the provisions of that statute. [Ord. 891 § 1 (Exh. A), 2007; Code 2000 § 6.910.]