[Prior code § 9.19(1)]
No person may use or possess with the primary intent to use
drug paraphernalia, knowing that it will be primarily 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.
[Prior code § 9.19(2)]
No person may place in any newspaper, magazine, handbill, or
other publication, any advertisement, knowing that the purpose of
the advertisement in whole or in part is to promote the sale of objects
designed for use or primarily intended for use as drug paraphernalia.
[Prior code § 9.19(3) — (6)]
A. "Drug paraphernalia" means all equipment, products and materials
of any kind that are used or designed for use or primarily intended
for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, re-packaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance.
B. "Drug paraphernalia" includes but is not limited to any of the following:
1. Kits used, designed for use or primarily intended for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant that is a controlled substance or from which a controlled substance
can be derived;
2. Kits used, designed for use, or primarily intended for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
3. Isomerization devices used, or designed for use or primarily intended
for use in increasing the potency of any species of plant that is
a controlled substance;
4. Testing equipment used, designed for use, or primarily intended for
use in identifying, or in analyzing the strength, effectiveness, or
purity of, controlled substances;
5. Scales and balances used, designed for use, or primarily intended
for use in weighing or measuring controlled substances;
6. Dilutents and adulterants, such as quinine, hydrochloric acid, mannite,
dextrose, and lactose, use, designed for use or primarily intended
for use in cutting controlled substances;
7. Separation gins and sifters used, designed for used, or primarily
intended for use in removing twigs and seeds from or in otherwise
cleaning or refining marijuana;
8. Blenders, bowls, containers, spoons, and mixing devices used, designed
for use or primarily intended for use in compounding controlled substances;
9. Capsules, balloons, envelopes, and other containers used, designed
for use or primarily intended for use in packaging small quantities
of controlled substances;
10.
Containers and other objects used, designed for use or primarily
intended for use in storing or concealing controlled substances;
11.
Objects used, designed for use or primarily intended for use
in ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as
a.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal holes.
c.
Carburetion tubes and devices,
d.
Smoking and carburetion masks,
f.
Miniature cocaine spoons and cocaine files,
C. "Drug paraphernalia" excludes:
1. Hypodermic syringes, needles, and other objects used or intended
for use in parenterally injecting substances into the human body;
2. Any items including pipes, papers, and accessories that are designed
for use or primarily intended for use with tobacco products.
D. Determining under this ordinance whether an item is designed for
a particular use, the court or other authority shall consider the
objective physical characteristics and design features of the item.
E. In determining under this ordinance whether an item is primarily
intended for a particular use, a court or other authority shall consider
the subjective intent of the defendant.