[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Providence 6-1-1981 by Ord. No. 272. Amendments noted where applicable.]
§ 77-1 Purpose.
§ 77-2 Criteria for determination.
§ 77-3 Violations and penalties.
§ 77-4 Exemptions.
§ 77-5 Definitions.
§ 77-1 Purpose.
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.
§ 77-2 Criteria for determination.
In determining whether an object is drug paraphernalia, a court or other
authority should consider, in addition to all other relevant factors, the
following:
A.
Statements by an owner or 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
violation of 35 P.S. § 780-101 et seq., 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 its 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.
§ 77-3 Violations and penalties.
A.
Any person, the members of any partnership or the officers
of any corporation who or which violates this chapter shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not more than
$300. In default of such payment such person, the members of any partnership
or the officers of such corporation shall be liable to imprisonment in Montgomery
County Prison for not more than 30 days. Each violation shall constitute a
separate offense. All fines collected for the violation of this chapter shall
be paid to the Township of Lower Providence.
B.
In addition to the penalties provided herein, the Board of Supervisors may apply to the Court of Common Pleas of Montgomery County for a temporary or permanent injunction restraining any person from continued violation of Subsection A of this section irrespective of the existence of an adequate remedy at law.
§ 77-4 Exemptions.
Any person registered with the Secretary of the commonwealth pursuant
to 35 P.S. § 780-106 shall be exempt from this chapter.
§ 77-5 Definitions.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
- CONTROLLED SUBSTANCE
- Any substance as defined in the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq. or an immediate precursor thereof.
- 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, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, 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:
- 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 and devices.
- (4) Smoking and carburetion masks.
- (5) Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too 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) Bongs.
- (13) Ice pipes or chillers.
- (1)
- IMMEDIATE PRECURSOR
- Any substance which the Secretary of the commonwealth has found to be and by regulation designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance.