[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Allen 6-10-1985 (Art. 753 of the 1985 Code of Ordinances). Amendments noted where applicable.]
The following words and phrases, as used in this chapter, shall have the meanings hereby ascribed thereto, unless the context clearly indicates a different meaning:
ADVERTISEMENT
Any representation, disseminated in any manner or by any means other than by labeling.
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor as defined in the Controlled Substance, Drug, Device and Cosmetic Act of 1972, April 14, P.L. 233, 35 P.S. § 780-101 et seq., as amended from time to time.
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 the Controlled Substance, Drug, Device, and Cosmetic Act of 1972, April 14, P. L. 233, 35 P.S. § 780-101 et seq., as amended from time to time. It includes, but is not limited to:
A. 
Kits used, 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 used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
C. 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
D. 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
E. 
Scales and balances used, 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, used, intended for use or designed for use in cutting controlled substances.
G. 
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.
H. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
I. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
J. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
K. 
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
L. 
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:
(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 cocaine spoons and cocaine vials.
(7) 
Chamber pipes.
(8) 
Carburetor pipes.
(9) 
Electric pipes.
(10) 
Air-driven pipes.
(11) 
Chillums.
(12) 
Bongs.
(13) 
Ice pipes or chillers.
PERSON
Individual, corporation, business trust, estate, trust, partnership or association, or any other legal entity.
PRACTITIONER
Includes:
A. 
A physician, osteopath, dentist, veterinarian, pharmacist, podiatrist, nurse, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance or other drug or device in the course of professional practice or research in the commonwealth.
B. 
A pharmacy, hospital, clinic or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance, other drug or device in the course of professional practice or research in the commonwealth.
A. 
No person shall offer to sell, or deliver, by sale or gift, or manufacture with intent to deliver, by sale or gift, 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 in violation of this chapter.
B. 
No person shall place in any newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall not apply to practitioners, as defined in this chapter, who have complied with the provisions of the Controlled Substance, Drug, Device and Cosmetic Act of 1972, April 14, P.L. 233, 35 P.S. § 780-101 et seq., as amended from time to time, nor to individuals engaging in the proper use of medical marijuana in accordance with state statute.
[Amended 11-10-1997 by Ord. No. 97-16]
Whoever violates any provision of this chapter shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $100 nor more than $600, together with costs of prosecution, in each case. Each day that a violation continues shall be deemed a separate offense and shall be punishable as such. Fines and costs imposed under the provisions of this chapter shall be enforceable and recoverable in the manner and at the time provided by applicable law. Upon refusal of any person convicted of a violation of this chapter to pay such fine and costs, such person shall be imprisoned for a period not exceeding 30 days.