Chapter 9.04 CRIMINAL CODE

Any person, firm, corporation or association violating any of the provisions of this chapter for which no express penalty is provided shall be punished as follows:

A. For a misdemeanor, shall be subject to a fine of not more than $500.00 and/or imprisonment for a term not to exceed six months.

B. For a gross misdemeanor or violation of any provision not designated as a misdemeanor or for which no express penalty is provided, shall be subject to a fine or not more than $1,000 and/or imprisonment for a term not to exceed six months. [Ord. 87-4 § 3, 1987; Ord. 452 § 2, 1977].

9.04.030 Substitution of city for state.

Wherever in the statutes adopted in CRMC 9.04.010 the word “state” appears, the words “city of Castle Rock” shall be substituted if appropriate. [Ord. 452 § 3, 1977].

9.04.040 Statutory authority.

This chapter is adopted in accordance with the provisions of RCW 35A.12.140. [Ord. 493 § 1, 1979; Ord. 452 § 4, 1977].

9.04.224 Drug paraphernalia.

A. Definitions. As used in this chapter, “drug paraphernalia” means 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, as defined by Chapter 69.50 RCW, as now or hereafter amended. It includes, but is not limited to:

1. Kits used, intended 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;

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. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;

9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;

10. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;

11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;

12. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil 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 a 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; and

m. Ice pipes or chillers.

In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:

i. Statements by an owner or by anyone in control of the object concerning its use;

ii. Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

iii. The proximity of the object, in time and space, to a direct violation of this chapter;

iv. The proximity of the object to controlled substances;

v. The existence of any residue of controlled substances on the object;

vi. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;

vii. Instructions, oral or written, provided with the object concerning its use;

viii. Descriptive materials accompanying the object which explain or depict its use;

ix. National and local advertising concerning its use;

x. The manner in which the object is displayed for sale;

xi. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

xii. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

xiii. The existence and scope of legitimate uses for the object in the community; and

xiv. Expert testimony concerning its use.

B. Possession of Drug Paraphernalia.

1. It is unlawful for any person to use, or possess with intent to use, drug paraphernalia 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, as defined by Chapter 69.50 RCW, as now or hereafter amended. Any person who violates this section is guilty of a misdemeanor.

2. Nothing in subsection (B)(1) of this section prohibits any person over the age of 18 from possessing sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases.

C. Manufacture or Delivery of Drug Paraphernalia.

1. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver 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, as defined in Chapter 69.50 RCW, as now or hereafter amended. Any person who violates this section is guilty of a misdemeanor.

2. Nothing in subsection (C)(1) of this section prohibits any person over the age of 18 from possessing sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases.

D. Delivery of Drug Paraphernalia to a Minor.

1. Any person 18 years of age or over who violates subsection (C) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a gross misdemeanor.

2. For purposes of this section, “drug paraphernalia” means 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. Drug paraphernalia includes, but is not limited to, objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil 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 a 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; and

m. Ice pipes or chillers.

3. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

4. Nothing in subsection (D)(1) of this section prohibits legal distribution of injection syringe equipment through public health and community-based HIV prevention programs and pharmacies. [Ord. 2009-23 § 2, 2009].

For provisions authorizing cities to adopt state statutes by reference, see RCW 35.21.180; for similar provisions relating to code cities, see RCW 35A.12.140.