[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.
[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.
[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.