[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence 3-15-2018 by Ord. No. 655.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 77,
Drug Paraphernalia, adopted 6-1-1981 by Ord. No. 272.
It is unlawful for any person, partnership or corporation to
sell, possess with intent to sell, deliver or possess with intent
to deliver, or use or possess with the intent to use drug paraphernalia
knowing 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 35 P.S. § 780-101 et seq.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Any substance as defined in the Controlled Substance, Drug,
Device and Cosmetic Act, 35 P.S. § 780-101 et seq. or an
immediate precursor thereof.
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, ingesting, inhaling or otherwise
introducing into the human body a controlled substance, in violation
of 35 P.S. § 780-101 et seq. It includes but is not limited
to:
Kits used, intended for use or designed for use in the 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.
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning materials,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
Any substance which the Secretary of Health of the Commonwealth
of Pennsylvania has found to be, and by regulation designates as being,
a principal compound commonly used or produced primarily for use,
and which is an immediate chemical intermediary used or likely to
be used, in the manufacture of a controlled substance.
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.
Statements
by an owner or anyone in control of the object concerning its use.
B.
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
violation of 35 P.S. § 780-101 et seq., the innocence of
an owner or of anyone in control of the object as drug paraphernalia.
C.
Instructions, oral or written, provided with the object concerning
its use.
D.
Descriptive materials accompanying the object which explain or depict
its use.
E.
National and local advertising concerning its use.
F.
The manner in which the object is displayed for sale.
G.
Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprise.
H.
The existence and scope of legitimate uses for the object in the
community.
I.
A police officer's training and experience or other expert testimony
concerning its use.
A.
Any person, the members of any partnership or the officers of any
corporation who or which violates this chapter shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $300. In default of such payment, such person, the members
of any partnership or the officers of such corporation shall be liable
to imprisonment in Montgomery County Prison for not more than 30 days.
Each violation shall constitute a separate offense. All fines collected
for the violation of this chapter shall be paid to the Township of
Lower Providence.
B.
In addition to the penalties provided herein, the Board of Supervisors may apply to the Court of Common Pleas of Montgomery County for a temporary or permanent injunction restraining any person from continued violation of Subsection A of this section irrespective of the existence of an adequate remedy at law.
Any person registered with the Secretary of Health of the Commonwealth
of Pennsylvania pursuant to 35 P.S. § 780-106 shall be exempt
from this chapter. In any prosecution of this chapter, it shall not
be necessary to negate any of the exemptions or exceptions of this
chapter in any complaint, information or trial. The burden of proof
of such exemption or exception shall be upon the person claiming it.
