[Adopted as 12-10-2013 by Ord. No. 2013-11, of the Town Code]
The following words, terms and phrases, when used in this article, 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 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 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 weighing or measuring controlled substances.
E. 
Scales or balances used, intended for use or designed for use in weighing or measuring controlled substances.
F. 
Dilutants 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, envelopers and other containers used, intended for use or designed for use in compounding-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, ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) 
Water pipes;
(3) 
Carburetion tubes and devices;
(4) 
Smoking and carburetion masks;
(5) 
Roach clips, meaning objects used to hold burning material such as marijuana cigarettes that have become too small or short to be held in the hand;
(6) 
Miniature cocaine spoons and cocaine vials;
(7) 
Chamber pipes;
(8) 
Carburetor pipes;
(9) 
Electric pipes;
(10) 
Air-driven pipes;
(11) 
Chillums.
(12) 
Bonds; and
(13) 
Ice pipes or chillers.
[Added 12-10-2013 by Ord. No. 2013-11]
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 an 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 peace, to a direct violation of this article;
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 any owner or of anyone in control of the object to deliver it to persons whom he/she 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 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;
H. 
Descriptive materials accompanying the object which explains 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 to the community, such as a licensed distributor or dealer of tobacco products;
L. 
Direct or circumstantial evidence of the ratio of sales of the object(s) 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.
[Added 12-10-2013 by Ord. No. 2013-11]
A. 
Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, 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 this article.
B. 
Manufacture or delivery of drug paraphernalia. 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 plant, propagate, cultivate, grow, harvest, 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 this article.
C. 
Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection B of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years their junior is guilty of a special offense and, upon conviction, shall be punished.
D. 
Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know that the purpose of this advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[Added 12-10-2013 by Ord. No. 2013-11]
A. 
Any of the items of personal property listed in § 181-29 and which is legally confiscated by the Town will be forfeited. Any such property will be secured by the Pine Ridge Police Department for a period of 10 days, and thereafter the Town will either destroy the property or advertise notice of public sale of such property and sell such thereof as may be used for legitimate purposes.
B. 
Property subject to be forfeited under this article may be seized by the Town of Pine Ridge Police Department upon process issued by the municipal judge. Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant.