[Ord. No. 3-2010, 12/14/2010]
As used in this subpart, 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 act. 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 substance.
3. 
Isomerization devices used, intended for use or design 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, quinacrine, hydrochloride, mannitol meanETH, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
7. 
Separation gins and shifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning, 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. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
11. 
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.
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 to be held in hand.
F. 
Miniature cocaine spoons and cocaine vials.
G. 
Chamber pipes.
H. 
Electric pipes.
I. 
Chillums.
J. 
Bongs.
K. 
Ice pipes and chillers.
12. 
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.
[Ord. No. 3-2010, 12/14/2010]
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 the 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 act, the proximity of the object to controlled substances on the object, direct or circumstantial evidence of the intent of a 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 act; the innocence of the owner or anyone in control of the object as to a direct violation of this act should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia, 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 in the community, such as 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.
[Ord. No. 3-2010, 12/14/2010]
Anybody attempting to sell, convey or passes drug paraphernalia as defined by this subpart shall be guilty of a summary offense punishable by a fine up to $300 and/or a prison term which shall be fixed by the court at not more than 90 days.
[Ord. No. 6-2011, 4/12/2011]
It is unlawful for any persons or corporation knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any persons or corporations any product containing the following chemicals: JWH-018, JWH-200, JWH-073, CP-47, 497, cannabicyclohexanol, 3.4 methylenedioxyprovalerone (MDPV), methylone, mephedrone, 4-methoxymethcathinone, 4-fluoromethcathinone, and 3-fluoromethcathinone, and marketed as, but not limited to, incense, potpourri, plant fertilizers, insect repellents, or bath salts.
[Ord. No. 6-2011, 4/12/2011]
It is unlawful for any person or corporation knowingly, or under circumstances where one reasonably should know, to display for sale or possess with intent to distribute any product containing the following chemicals: JWH-018, JWH-200, JWH-073, CP-47, 497, cannabicyclohexanol, 3.4 methylenedioxyprovalerone (mdpv), methylone, mephedrone, 4-methoxymethcathinone, 4-fluoromethcathinone, and 3-fluoromethcathinone, and marketed as, but not limited to, incense, potpourri, plant fertilizers, insect repellents, or bath salts.
[Ord. No. 6-2011, 4/12/2011]
It is unlawful for any person to use, or to possess with intent to use, ingest, inhale, or otherwise introduce into the human body any product containing the following chemicals: JWH-018, JWH-200, JWH-073, CP-47, 497, cannabicyclohexanol, 3.4 methylenedioxyprovalerone (mdpv), methylone, mephedrone, 4-methoxymethcathinone, 4-fluoromethcathinone, and 3-fluoromethcathinone, and marketed as, but not limited to, incense, potpourri, plant fertilizers, insect repellants, or bath salts.
[Ord. No. 6-2011, 4/12/2011]
Any person or corporation violating the terms of this subpart shall be punished, upon conviction, with a fine up to $500 and/or incarceration of up to 30 days, with each day of the violation constituting a separate offense.