[Adopted 2-15-1980 by Bill No. 1980-3]
The following words and phrases, when used in this article, shall, for
the purpose of this article, have the meanings respectively ascribed to them
in this section, except where the context indicates a different meaning:
A spoon with a bowl so small that the primary use for which it is
reasonably adapted or designed is to hold or administer cocaine and which
is so small as to be unsuitable for the typical, lawful uses of a spoon. A
cocaine spoon may or may not be merchandised on a chain and may or may not
be labeled as a cocaine spoon or coke spoon.
Any drug or substance contained in the schedules in Article 27, § 279,
of the Annotated Code of Maryland, as amended, commonly known as the "Controlled
Dangerous Substances Act."
A pipe characterized by a bowl which is so small that the primary
use for which it is reasonably adapted or designed is the smoking of marijuana
or hashish, rather than lawful smoking tobacco, and which may or may not be
equipped with a screen.
An empty gelatin capsule, hypodermic syringe or needle, cocaine spoon,
marijuana pipe, hashish pipe or any other instrument, implement or device
which is primarily adapted or designed for the administration or use of any
controlled dangerous substance.
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or association.
A.
It shall be unlawful for any person to sell, offer for
sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic
syringe or needle, cocaine spoon, marijuana pipe, hashish pipe or any other
instrument, implement or device which is primarily adapted or designed for
the administration or use of any controlled dangerous substance as enumerated
in the schedules contained in Article 27, § 279 of the Annotated
Code of Maryland, as amended, commonly known as the "Controlled Dangerous
Substances Act."
B.
The prohibition contained in this section shall not apply
to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists,
nurses, hospitals, research teaching institutions, clinical laboratories,
medical doctors, osteopathic physicians, dentists, chiropodists (podiatrists),
veterinarians, pharmacists or embalmers in the normal lawful course of their
respective businesses or professions, nor to common carriers or warehousers
or their employees engaged in the lawful transportation of such paraphernalia
nor to public officers or employees while engaged in the performance of their
official duties, nor to persons suffering from diabetes, asthma or any other
medical condition requiring self-injection.
A person who violates any provision or provisions of this article, upon
conviction, shall be punished with a fine not exceeding $500 or imprisonment
for a period not to exceed 90 days, or both, in the discretion of the court.
Each day of the violation shall be considered a separate offense.
