[Ord. 300, 12/15/1980, § 1]
This Part shall be known as the "West Lebanon Township Controlled
Substance Paraphernalia Prohibition Ordinance."
[Ord. 300, 12/15/1980, § 2]
1. The term "drug paraphernalia" means all equipment, products and materials
of any kind which are used, intended for use, or designed for use,
in injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of the Controlled Substance,
Drug Device and Cosmetic Act, 35 P.S. § 780-101 et seq.
It includes, but is not limited to:
A. Hypodermic syringes, needles and other objects used, intended for
use, or designed for use in parenterally injecting controlled substances
into the human body.
B. Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil 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
metal bowls.
(3)
Carburetion tubes and devices.
(4)
Smoking and carburetion masks.
(5)
Roach clips: meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
(6)
Miniature cocaine spoons, and cocaine vials.
2. 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 an owner, or of anyone in control of
the object, under any Township, state, or federal law relating to
any controlled substances.
C. The proximity of the object, in time and space, to a direct violation
of this Part.
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 whom he 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."
G. Instruction, 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. Expert testimony concerning its use.
[Ord. 300, 12/15/1980, § 3]
1. It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia to inject, ingest, inhale, or otherwise introduce
into the human body a controlled substance in violation of this Part.
2. It is unlawful for any person to deliver, sell, possess with intent
to deliver, or sell, or manufacture with intent to deliver or sell,
drug paraphernalia, knowing, or under circumstances where one reasonably
should know, that it will be used to inject, ingest, or otherwise
introduce into the human body a controlled substance in violation
of this Part.
3. It is 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 intended for use as drug paraphernalia.
4. Any person 18 years of age or over who violates Subsection
2 above by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a special offense.
5. This section does not apply to manufacturers, practitioners, pharmacists,
and owners of pharmacies whose conduct is in accordance with state
law. This section shall not be construed to prohibit any lawful possession,
manufacture or use of hypodermics.
6. Any drug paraphernalia used in violation of this section shall be
seized and forfeited to the Township.
[Ord. 300, 12/15/1980, § 4; as amended by Ord.
454, 9/2/2008]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not less than $300 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.