CHAPTER 132
Drug Paraphernalia
Section
132.01 Definition
132.02 Determinations of drug or marijuana paraphernalia
132.03 Possession, manufacture and sale
132.99 Penalty
132.01 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meanings:
CONTROLLED SUBSTANCE. A drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035. The use of the term "precursor" in this paragraph does not control and is not controlled by the use of the term "precursor" in ORS 475.752 to 475.980. For purposes of this chapter only, "controlled substance" does not include: the plant Cannabis family Cannabacea, any part of such plant whether growing or not, resin extracted from any part of such plant, the seeds of such plant, or any compound, manufacture, salt derivative, mixture or preparation of such plant, resin or seed of such plant.
DRUG PARAPHERNALIA. 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 a controlled substance in violation of this chapter. It includes, but is not limited to:
(1) Kits marketed for use or designed for use in unlawfully 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;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Lighting equipment specifically designed for growing controlled substances;
(8) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(9) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: meaning objects used to hold burning material, such as marijuana cigarette, that has become too small or too short to be held in the hand;
(f) Miniature cocaine spoons, and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers.
For purposes of this chapter, "drug paraphernalia" does not include hypodermic syringes or needles.
MARIJUANA PARAPHERNALIA. An object that is marketed to be used for, or that is designed for, 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 marijuana item. "Marijuana paraphernalia" does not include hypodermic syringes or needles.
(Ord. 1408, passed 4-12-82; Am. Ord. 2202, passed 7-8-13; Am. Ord. 2295, passed 2-10-20)
132.02 DETERMINATIONS OF DRUG OR MARIJUANA PARAPHERNALIA.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other relevant factors, the following:
(A) Any oral or written instruction provided with the object related to the object’s use;
(B) Any descriptive material packaged with the object that explains or depicts the object’s use;
(C) Any national or local advertising related to the object’s use;
(D) Any proffered expert testimony related to the object’s use;
(E) The manner in which the object is displayed for sale, if applicable; and
(F) Any other proffered evidence substantiating the object’s intended use.
(Ord. 1408, passed 4-12-82; Am. Ord. 2295, passed 2-10-20)
132.03 POSSESSION, MANUFACTURE AND SALE.
(A) It is unlawful for any person to sell or deliver, or to possess with intent to sell or deliver or manufacture with the intent to sell or deliver drug paraphernalia knowing that it 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.
(B) It is unlawful for any person to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to a person who is under 21 years of age, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed.
(C) It is unlawful for any business selling marijuana paraphernalia to locate within 1,000 feet of any public or private elementary, junior high or high school or in a location other than permitted under the zoning code.
(D) Subsection (A) of this section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies or other persons licensed, registered or otherwise permitted by state or law to dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research.
(E) Drug or marijuana paraphernalia made unlawful under this chapter may be seized if:
(1) The paraphernalia is subject to an adverse court judgment under state law;
(2) The seizure is in the course of a constitutionally valid arrest or search;
(3) The owner or person in possession of the paraphernalia consents; or
(4) The seizure is pursuant to an order of a court.
(F) If at trial or a hearing, a court finds any item received into evidence to be drug paraphernalia, the court may order the item forfeited to the city upon motion of the City Attorney or Prosecutor. The drug paraphernalia may be destroyed, or if not contraband, sold, at the discretion of the city.
(Ord. 1408, passed 4-12-82; Am. Ord. 2202, passed 7-8-13; Am. Ord. 2295, passed 2-10-20) Penalty, see § 132.99
132.99 PENALTY.
Any person who violates any of the provisions of this chapter commits a Class A violation. For each day that a violation shall continue, such person shall be deemed guilty of a separate offense. Nothing in this chapter limits the authority of the city to bring an action for injunctive or other relief.