Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "Drug Paraphernalia Ordinance of the Township of Pequannock."
It is hereby found that the availability of drug paraphernalia has reached substantially significant levels in Northern New Jersey and, as a result, an entirely separate industry has in fact developed promoting the illegal use of drugs and drug paraphernalia by adults and minors alike. Sales of such items have been reported in the billions of dollars and as a result, proposals aimed at controlling such use are essential. The provisions of this chapter intend to comprehensively define all items which may be deemed drug paraphernalia and regulate and restrict their presence within the confines of the Township of Pequannock.
A. 
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, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing in the human body a controlled dangerous substance (as defined by the statutes of New Jersey therefore provided) in violation of the provisions of this chapter. It shall include, but not be 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 dangerous substance or from which a controlled dangerous substance can be derived.
(2) 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances.
(3) 
Isomerization devices used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substance.
(4) 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substances.
(5) 
Scales and balances used, intended for use or designed for use in weighing or measuring controlled dangerous 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 dangerous 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 marijuana.
(8) 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled dangerous substances.
(9) 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled dangerous substances.
(10) 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled dangerous substances.
(11) 
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled dangerous substances into the human body.
(12) 
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:
(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 material, such as a marijuana cigarette, that has become too small or too 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.
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 the 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 dangerous substance.
(3) 
The proximity of the object in time and space to direct violation of this chapter.
(4) 
The proximity of the object to controlled dangerous substances.
(5) 
The existence of any residue of controlled dangerous substances 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 whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter, and the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall 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 to the ratio of sales of the objects 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.
A. 
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance as defined by statute of New Jersey therefor provided, in violation of the provisions of this chapter.
B. 
It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance as defined by statute of New Jersey therefor provided in violation of the provisions of this chapter.