As used in this article, the following terms shall have the meanings
indicated:
BOROUGH
The Borough of Abbottstown, which is located within the confines
of Adams County, Pennsylvania.
COUNCIL
The Council of Abbottstown, Adams County, Pennsylvania.
DRUG PARAPHERNALIA
(1)
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 this article. It includes, but is not limited to:
(a)
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.
(b)
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
(c)
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
(d)
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
(e)
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances.
(f)
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
(g)
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.
(h)
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
(i)
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
(j)
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
(k)
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body.
(l)
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:
[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 marihuana 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, statements by an owner or by anyone in control of
the object concerning its use; 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; the proximity of the object,
in time and space, to a direct violation of this article; the proximity
of the object to controlled substances; the existence of any residue
of controlled substances on the object; 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 article;
the innocence of an owner or of anyone in control of the object, as
to a direct violation of this article, should not prevent a finding
that the object is intended for use or designed for use as drug paraphernalia;
instructions, oral or written, provided with the object concerning
its use; descriptive materials accompanying the object which explain
or depict its use; national and local advertising concerning its use;
the manner in which the object is displayed for sale; 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; direct or circumstantial evidence of
the ratio of sales of the objects to the total sales of the business
enterprise; the existence and scope of legitimate uses for the object
in the community; and expert testimony concerning its use; or as defined
in the Act, 35 Pa.C.S.A. § 780-101.
MARIHUANA
Consists of all forms, species and/or varieties of the genus
Cannabis sativa L., whether growing or not; the seeds thereof; the
resin extracted from any part of such plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its seeds
or resin; but shall not include tetrahydrocannabinols, the mature
stalks of such plant, fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of such mature stalks (except
the resin extracted therefrom), fiber, oil, cake, or the sterilized
seed of such plant which is incapable of germination, as defined by
Pennsylvania's "Controlled Substance, Drug, Device and Cosmetic
Act" as set forth at 35 Pa.C.S.A. § 780-101 et seq. (herein
referred to as "marihuana").
OFFICER
Any member of the Abbottstown Borough Police Department.
PERSON
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society or any organization of any kind.
PUBLIC SPACE
A street, park, sidewalk, a vehicle in or upon any street,
alley, park or parking area, or any other place to which the public
is invited.
SMALL AMOUNT OF MARIHUANA
Thirty grams or less of marihuana or eight grams or less
of hashish, or consumable foods containing such, as defined and set
forth in 35 Pa.C.S.A. § 780-113(a)(31).
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other such device which contains marihuana. "Smoking"
includes devices designed to vaporize marihuana or marihuana extracts.