[Ord. 603, 2/11/1998, § 1]
Certain words as used in this Part are defined as follows:
DRUG PARAPHERNALIA
Includes 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. The term includes, but is not limited to:
(1) 
Kits for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or that from which a controlled substance can be derived.
(2) 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance.
(3) 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) 
Testing equipment used, intended for use, or designed for use n identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.
(5) 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
(6) 
Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in diluting, mixing and/or preparing controlled substances.
(7) 
Separation gins and sifters used, intended for use, or designing for use in removing twigs and seeds from, or in otherwise cleaning or refining cannabis.
(8) 
Containers intended for use, or designed for use in compounding controlled substances.
(9) 
Capsules, balloons, envelopes, and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
(10) 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
(11) 
Hypodermic syringes, needles, and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
(12) 
Objects including, but not limited to, rolling papers, used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, 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 bowls.
(b) 
Water pipes.
(c) 
Carburetion tubes and devices.
(d) 
Smoking and carburetion masks.
(e) 
Roach clips, meaning objects used to hold burning materials such as a cannabis cigarette that has become too small or short to be held in the hand.
(f) 
Miniature cocaine spoons and cocaine vials.
(g) 
Chamber pipes.
(h) 
Carburetor pipes.
(i) 
Electric pipes.
(j) 
Air-driven pipes.
(k) 
Chillums.
(l) 
Bongs.
(m) 
Ice pipes or chillers.
PERSON
Includes an individual, firm, company, partnership, corporation, or other entity.
[Ord. 603, 2/11/1998, § 2]
1. 
In determining whether an object is drug paraphernalia, a court or other authority or jury shall 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. 
The proximity of the object, in time and space, to conduct or other objects which indicates a violation of the provisions of this Part.
C. 
The proximity of the object to controlled substances.
D. 
The existence of any residue of controlled substance on the object.
E. 
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/she knows, or should reasonably know, intend to use the object to facilitate a violation of this Part. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this Part shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
F. 
Instructions, oral or written, provided with the object concerning its use.
G. 
Descriptive materials accompanying the object which explain or depict its use.
H. 
Any advertising concerning its use.
I. 
The manner in which the object is displayed for sale.
J. 
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.
K. 
Direct or circumstantial evidence of the ratio of sales of the object or objects 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.
[Ord. 603, 2/11/1998, § 3]
1. 
Use, possession, sale, manufacture, distribution, delivery, purchase, and advertisement of drug paraphernalia.
A. 
It shall be unlawful for any person in the Borough of Morton to use, possess with intent to use, drug paraphernalia for one or more purposes stated in this Part.
B. 
It shall be unlawful for any person, firm, or corporation to deliver, furnish or transfer or possess with intent to deliver, furnish or transfer drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used for one or more purposes stated in this Part.
C. 
It shall be unlawful for any person, firm, or corporation to sell, offer for sale, or possess with intent to sell or offer for sale, or purchase, drug paraphernalia knowing, or under circumstances where one reasonably should know that the paraphernalia is possessed, sold, or offered for sale or purchased for one or more purposes stated in this Part.
D. 
It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances where one reasonably should know that the purpose of the advertisement in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
E. 
Any person, who violates this Part by delivering, furnishing, or transferring drug paraphernalia to another person is subject to punishment as provided for in § 6-504.
[Ord. 603, 2/11/1998, § 4; as amended by Ord. 731, 2/11/2015]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.