[HISTORY: Adopted by the City Council of the City of Hazleton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-24-1998 by Ord. No. 98-24]
As used in this article, 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, inhaling or otherwise introducing into the human body a controlled substance or any physically or mentally altering 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 marijuana.
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 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.
(2) 
Water pipes.
(3) 
Carburetion tubes or 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 hand.
(6) 
Miniature cocaine spoons and cocaine vials.
(7) 
Carburetor pipes.
(8) 
Bongs.
(9) 
Ice pipes and chillers.
M. 
Items that can be used to introduce substances into the human body that may be used for a legitimate purpose in business, industry or medicine but can be used to cause intoxication, inebriation, stupefaction or cause other physical or mental impairment.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors:
A. 
Statements by an owner or by anyone in control of the object concerning its use;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Prior convictions, if any, of an owner, or of anyone in control of the object, under any state and federal laws relating to any controlled substance;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
The proximity of the object in time and space to a direct violation of this article;
D. 
The proximity of the object to controlled substances;
E. 
The existence of any residue of the controlled substances in the object;
F. 
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver to a person who he knows or should reasonably know intends to use the object to facilitate a violation of this article; the innocence of the owner or 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 as drug paraphernalia;
G. 
Instructions, 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. 
Whether the owner or anyone in control of the object is a legitimate supplier of like or related items in the community, such as licensed distributor or dealer of tobacco products;
L. 
Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
M. 
The existence and scope of legitimate uses for the object in the community; and
N. 
Expert testimony concerning its use.
[Amended 9-19-2013 by Ord. No. 2013-19; 7-18-2017 by Ord. No. 2017-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Anybody attempting to sell, convey or possess drug paraphernalia as defined in this article shall be guilty of a summary offense punishable by the penalties provided in Chapter 1, Article II, Violations and Penalties.