[HISTORY: Adopted by the City Council of
the City of Lebanon as Ord. No. 47; effective 6-2-1982. Amendments
noted where applicable.]
A.
DRUG PARAPHERNALIA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
As used in this chapter, the following terms shall
have the meanings indicated:
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 New Hampshire RSA 318-B. It includes but is not limited
to:
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.
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 to inject controlled substances
into the human body.[1]
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:
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 a marijuana cigarette that has 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.
B.
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 substances.
(3)
The proximity of the object, in time and space, to
a direct violation of RSA 318-B.
(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
the 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 RSA 318-B; the innocence of
an owner or of anyone in control of the object as to a direct violation
of RSA 318-B should 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)
Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business enterprise.
(12)
The existence and scope of legitimate uses for the
object in the community.
(13)
Expert testimony concerning its use.
It is unlawful for any person to use, or to
possess with intent to use, drug paraphernalia to plant, propogate,
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 RSA 318-B.
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, propogate, 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 RSA 318-B.
No person 18 years of age or over shall violate § 62-3 by delivering drug paraphernalia to a person under 18 years of age who is at least three years his/her junior.
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 the advertisement, in whole or in part, is to promote
the sale of objects designed or intended for use as drug paraphernalia.[1]
[Amended 10-7-2020 by Ord. No. 2020-14]
Any person who is found to have violated the provisions of this
chapter shall be subject to a civil penalty in the amount of $50 for
the first offense, $100 for the second offense, and $200 for subsequent
offenses.