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 RSA 318-B. It includes, but is not limited to:
A. 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.
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 paraterally 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.
(3) Carburetion tubes and devices.
(4) Smoking and carburetion masks.
(5) Roach clips, meaning objects used to hold burning materials, such
as a marijuana cigarette, that have become too small or too short
to be held in the hand.
(6) Miniature cocaine spoons and cocaine vials.
In determining whether an object is drug paraphernalia, a court
of other authority should consider, in addition to all other logically
relevant factors, the following:
A. Statements by an owner or by anyone in control of the object concerning
its use.
B. 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.
C. The proximity of the object, in time and space, to a direct violation
of RSA 318-B.
D. The proximity of the object to controlled substances.
E. The existence of any residue of controlled substances on the object.
F. Direct or circumstantial evidence of the intent of the 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 RSA 318-B. The innocence of an owner or of anyone in
control of the object as to a direct violation of RSA 318-B should
not prevent a finding that the object is intended for use or designed
for use as drug paraphernalia.
G. Instructions, oral or written, provided with the object concerning
its use.
H. Descriptive materials accompanying the object which explain or depict
its use.
I. National and local advertising concerning its use.
J. The manner in which the object is displayed for sale.
K. Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprise.
L. The existence and scope of legitimate uses for the object in the
community.
M. Expert testimony concerning its use.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of the chapter which can
be given effect without the invalid provision or application, and
to this end the provisions of this chapter are severable.
This chapter will take effect upon passage and publication of
public notice as required by RSA 47:18.