City of Waltham, MA Article II Drug Paraphernalia [1]

[1] Editor's Note: Ord. No. 25007, §§ 1, 2, adopted Oct. 13, 1981, amended the Code by adding provisions designated as Ch. 20, which provisions have been redesignated as §§ 10-51—10-53 by the editor for purposes of classification and in order to maintain the alphabetical sequence of chapters.

Sec. 10-51 Definition.

[Ord. No. 25007, § 1, 10-13-1981]

For the purposes of this article, "drug paraphernalia" shall mean all equipment, products, devices, and materials of any kind which are used, or intended for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance defined in Chapter 94C, section 31 of the General Laws.

Sec. 10-52 Identification.

[Ord. No. 25007, § 1, 10-13-1981]

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

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) The proximity of the object to controlled substances;

(3) The existence of any residue of controlled substances on the object;

(4) Direct or circumstantial evidence of the intent of an owner, or of anyone in possession or control of the object, to sell, transfer, or distribute it to a person whom he knows intends to use the object to facilitate a violation of Chapter 94C of the General Laws; the innocence of an owner, possessor, or of anyone in control of the object, as to a direct violation of Chapter 94C shall not prevent a finding that the object is used or intended for use as drug paraphernalia;

(5) Instructions, oral or written, provided with the object concerning its use;

(6) Descriptive materials accompanying the object which explain or depict its use;

(7) National and local advertising concerning its use;

(8) The manner in which the object is displayed for sale;

(9) Direct or circumstantial evidence of the ratio of sales, transfer or distribution of the object(s) to the total sales of the business enterprise;

(10) Expert testimony concerning its use.

Sec. 10-53 Possession, sale, manufacture prohibited; penalty for violation.

[Ord. No. 25007, § 2, 10-13-1981]

No person shall sell, possess with intent to sell, or manufacture with intent to sell 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 Chapter 94C of the General Laws. Whoever violates any provision of this section shall be punished by a fine of not more than $300 per offense.