It is hereby declared and found that the sale of items used
to aid the storage, use, concealment and 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 PTA groups, have recognized the problem and have encouraged
and endorsed legislation that would prohibit the sale of drug paraphernalia.
Therefore, public safety, health, welfare and morals would be best
served by discontinuing the sale of such items.
As used in this chapter, the following terms shall have the
meanings indicated:
CONTROLLED SUBSTANCE
Includes any drug or other substance, or immediate precursor
as defined in the Controlled Substance Act (see 21 U.S.C. § 802)
or as defined in the New York State Controlled Substances Act [see
Public Health Law § 3302(5)].
DRUG PARAPHERNALIA
A.
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 in
violation of the laws of the State of New York. It includes, but is
not limited to:
(1)
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;
(2)
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances;
(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
in 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 cutting controlled substances;
(7)
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marihuana;
(8)
Blenders, bowls, containers, spoons and mixing devices used,
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 used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marihuana, 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 material,
such as a marihuana cigarette, that has become too small or too short
to be held in the hand;
(f)
Miniature cocaine spoons; cocaine vials;
(13)
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;
(14)
Marihuana 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 marihuana or hashish, rather than lawful
smoking tobacco, and which may or may not be equipped with a screen.
B.
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:
(1)
Statements by an owner or by anyone in control of the object
concerning its use;
(2)
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any controlled
substance;
(3)
The proximity of the object, in time and space, to a direct
violation of this chapter;
(4)
The proximity of the object to controlled substances;
(5)
The existence of any residue of controlled substance on the
object;
(6)
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
a violation of this chapter; the innocence of an owner, or of anyone
in control of the object, of a direct violation of this chapter should
not prevent a finding that the object is intended for use or designed
for use as drug paraphernalia;
(7)
Instructions, oral or written, provided with the object concerning
its use;
(8)
Descriptive materials accompanying the object which explain
or depict its use;
(9)
National and local advertising concerning its use;
(10)
The manner in which the object is displayed for sale;
(11)
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;
(12)
Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
(13)
The existence and scope of legitimate uses for the object in
the community;
(14)
Expert testimony concerning its use.
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, marihuana pipe, hashish pipe, or any other drug paraphernalia.
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, section or part thereof directly involved in the controversy
and in which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State.