[HISTORY: Adopted by the City of Isanti 6-4-2019 by Ord. No. 702. Amendments noted where applicable.]
The purposes of this chapter are as follows:
A. 
To protect and promote the public health, safety and general welfare by prohibiting the possession, manufacturing, delivery and advertisement of drug paraphernalia within the City.
B. 
To deter the use of controlled substances by controlling certain paraphernalia associated with their use and manufacture.
C. 
To reduce the availability of drug paraphernalia in order to prevent their availability from inducing, promoting, suggesting or increasing the public acceptability of controlled substances.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DRUG PARAPHERNALIA
All equipment, products and materials of any kind that 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 Minn. Stat. Ch. 152. It includes, but is not limited to:
[Amended 9-5-2023 by Ord. No. 793]
A. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
B. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
C. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
D. 
Diluents and adulterants such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use or designed for use in cutting controlled substances.
E. 
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
F. 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
G. 
Objects such as spoons, vials and needles used, intended for use or designed for use in ingesting, inhaling or otherwise introducing cocaine, methamphetamines, and heroine, into the human body.
H. 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
[Amended 9-5-2023 by Ord. No. 793]
A. 
Prohibited use. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to 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 substance in violation of Minnesota Statutes, as may be amended from time to time.
B. 
Prohibited delivery. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to 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 substance in violation of Minnesota Statutes, as may be amended from time to time.
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 any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
C. 
The proximity of the object, in time and space, to a direct violation of this chapter.
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 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; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
G. 
Instructions, oral or written, provided with the object concerning its use.
[Amended 7-20-2021 by Ord. No. 763]
Violation of any section of this chapter is punishable as a misdemeanor and upon conviction shall be punished as provided by Chapter 1, Article I, of this Code of the City of Isanti.