[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.
(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.
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.