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.
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.
Any person registered with the Secretary of the Commonwealth pursuant
to 35 P.S. § 780-106 shall be exempt from this chapter.
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 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, 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:
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.
(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.
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.