Village of Islandia, NY Chapter 68 Drug Paraphernalia

[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 6-25-2013 by L.L. No. 2-2013. Amendments noted where applicable.]

§ 68-1 Legislative findings.

It is hereby declared and found that the sale of items used to aid the storage, use and concealment of and to test the strength or purity of illegal drugs is a widespread and growing practice which is contrary to the public interest. Many parent and teacher organizations, such as the New York State Congress of Parents and Teachers, as well as local Parent-Teacher Association groups have recognized the problem and have encouraged and endorsed legislation that would prohibit the sale of drug-related paraphernalia. Therefore, public safety, health, welfare and morals would be best served by discontinuing the sale of such items.

§ 68-2 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, conveying, 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 the laws of the State of New York. It includes but is not limited to:

A. 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.

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 strengt, 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 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 the other objects used, intended for or designed for use in parentally injecting controlled substances into the human body.

L. Objects used, intended for use or designed for use in ingesting or otherwise introducing marijuana, cocaine or hashish 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 bowls.

(2) Water pipes.

(3) Carburetion tubes and devices.

(4) Smoking and carburetion masks.

(5) "Roach clips," meaning objects used to hold burning material such as marijuana cigarettes, that have become too small or too short to be held in the hand.

(6) Miniature cocaine spoons and cocaine vials.

(7) Chamber pipes.

(8) Carburetor pipes.

(9) Electric pipes.

(10) Air-driven pipes.

(11) Chillums.

(12) Bongs.

(13) Ice pipes or chillers.

M. Cocaine spoon. A spoon with a bowl so small that the primary use for which it is reasonably adopted or designed is to hold or administer cocaine and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as a "cocaine spoon" or "coke spoon."

N. Marijuana or hashish pipe. A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.

§ 68-3 Evidence to be considered.

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:

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

B. Prior convictions, if any, of the owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.

C. The proximity of the object, in time and space, to a direct violation of this chapter.

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 an owner or of anyone in control of the object to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate violation of this chapter; the innocence of an owner or of anyone in control of the object as the direct violation of this chapter 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. 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.

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

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

N. Expert testimony concerning its use.

§ 68-4 Sale and display of drug accessories.

It shall be a violation of this chapter for any merchant or other person to knowingly sell, offer for sale or display any cocaine spoon, marijuana pipe, hashish pipe or any other drug-related paraphernalia.

§ 68-5 Penalties for offenses.

A person who violates any provision of this chapter is guilty of a misdemeanor with a fine of not less than $1,000 for a first offense, not less than $ 1,500 for a second offense and not less than $3,000 for a third offense within a period of one year.

§ 68-6 Severability.

If any clause, sentence, paragraph or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and in which such judgment shall have been rendered.