[Ord. No. 309, 11/10/2025]
For the purposes of this Chapter 10, Part 4, and Chapter 13, Part 2, the following terms shall have the meanings indicated:
Any substance as defined in the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., or immediate precursor thereof.
All equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, 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 35 P.S. § 780-101 et seq. It includes but is not limited to:
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.
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding-controlled substances.
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
Objects used, intended for use or designed for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning materials, such as marijuana cigarettes, that have become too small or too short to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
[Ord. No. 309, 11/10/2025]
1.
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.
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 knows or should reasonably know intend to use the object to facilitate a violation of 35 P.S. § 780-101 et seq. and of the innocence of an owner or of anyone in control of the object as drug paraphernalia.
C.
Instructions, oral or written, provided with the object concerning its use.
D.
Descriptive materials accompanying the object which explain or depict its use.
E.
National and local advertising concerning use.
F.
The manner in which the object is displayed for sale.
G.
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
H.
The existence and scope of legitimate uses for the object in the community.
I.
Expert testimony concerning its use.
[Ord. No. 309, 11/10/2025]
1.
It is unlawful for any person, partnership or corporation to sell, possess with intent to sell, deliver or possess with intent to deliver drug paraphernalia knowing 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 35 P.S. § 780-101 et seq. Any person, member of any partnership or officer of any corporation who or which violates this section shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000. In default of such payment, such person, member of any partnership or officer of such corporation shall be liable to imprisonment in Bucks County Prison for not more than 30 days. Each violation shall constitute a separate offense. All fines collected for the violation of this Part shall be paid to the Township of Richland.
[Ord. No. 309, 11/10/2025]
Any person registered with the Secretary of the Commonwealth pursuant to 35 P.S. § 780-106 shall be exempt from this Part.