Borough of Pleasant Hills, PA Chapter 186 Drug Paraphernalia

[HISTORY: Adopted by the Borough Council of the Borough of Pleasant Hills 10-15-1980 by Ord. No. 571. Amendments noted where applicable.]

§ 186-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

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 35 P.S. §§ 780-101 to 780-144 ("The Controlled Substance Drug, Device and Cosmetic Act").

A. It includes, but is not limited to:

B. 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;

C. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

D. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

E. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

F. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

G. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

H. 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;

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

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

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

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

M. 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:

N. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens permanent screens, hashish heads, or punctured metal bowls;

O. Water pipes;

P. Carburetion tubes and devices;

Q. Smoking and carburetion masks;

R. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or to too short to be held in the hand;

S. Miniature cocaine spoons, and cocaine vials;

T. Carburetor pipes;

U. Chamber pipes;

V. Electric pipes

W. Chillums:

X. Bongs;

Y. Ice pipes or chillers.

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

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

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

CC. The proximity of the object, in time and space, to a direct violation of 35 P.S. §§ 780-101 to 780-144.

DD. The proximity of the object to controlled substances;

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

FF. 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 35 P.S. §§ 780-101 to 780-144; the innocence of an owner, or of anyone in control of the object, as to a direct violation of 35 P.S. §§ 780-101 to 780-144 shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

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

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

II. National and local advertising concerning its use;

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

KK. 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;

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

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

NN. Expert testimony concerning its use.

§ 186-2 Offenses.

A. Possession of drug paraphernalia. It is unlawful for any person to use, or to 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 in violation of 35 P.S. §§ 780-101 to 780-144.

B. Manufacture or delivery of drug paraphernalia. 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 in violation of 35 P.S. §§ 780-101 to 780-144.

C. Advertisement of drug paraphernalia. It is unlawful for any person to 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 to use as drug paraphernalia.

§ 186-3 Civil forfeiture.

All drug paraphernalia as defined by § 186-1 of this chapter shall be subject to forfeiture to the Borough of Pleasant Hills and no property right shall exist in them.

§ 186-4 Violations and penalties.

In addition to the civil forfeiture provisions contained herein, any person found guilty of violating any provision of this chapter shall be subject to a fine not exceeding $300. Each day that an offense exists shall be considered a separate violation of this chapter and shall be subject to a penalty for each separate violation.