The city council has become aware of and is concerned over the general proliferation of "head shops" and other establishments engaged in the sale of paraphernalia associated with drug use. The council finds that such establishments serve only to entice young people and others to abuse substances which are known to be harmful and unsafe for human consumption. The council further finds that this situation has created a problem of such large proportions as to require further legislation on the subject.
(Ord. 11-01 § 4, 2011)
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Controlled substance"
means marijuana, hashish, PCP, and any controlled substances as defined in the Controlled Substances Act.
"Controlled Substances Act"
means the California Uniform Controlled Substances Act (commencing with Section 11000 of the Health and Safety Code of the state of California).
The term "drug paraphernalia"
means 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 the Controlled Substances 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 substances.
3. 
Isomerization devices used, intended for use, or designed 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 hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled 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 substances.
9. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
10. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
11. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled 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.
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 an 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 substance.
3.
The proximity of the object, in time and space to a direct violation of the Controlled Substances Act.
4.
The proximity of the object to controlled substances.
5.
The existence of any residue of controlled 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 or she knows, or should reasonably know, intend to use the object to facilitate a violation of the Controlled Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Controlled Substances 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 of the ratio of sales of the object(s) 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.
Except as otherwise provided in this section or unless the context otherwise requires, in interpreting or applying the provisions of this chapter, words which are used in this chapter and which are defined in Chapter 1 of the Controlled Substances Act shall have the meaning ascribed to them in Chapter 1 of the Controlled Substances Act.
(Ord. 11-01 § 4, 2011)