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The War on Drugs - and the results of it A war against drugs, or against families?

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Old 12-10-2005, 04:52 PM
witchlinblue witchlinblue is offline
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Default Paraphernalia Law/by State

The law for Paraphernalia are different in each state and some have repealed laws. As well as individual state laws; there are federal laws governing the use, possession and sale of Paraphernalia:

Federal Law; Office of Diversion Control


Section 863. Drug Paraphernalia

(a) In general
It is unlawful for any person --
(1) to sell or offer for sale drug paraphernalia;
(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
(3) to import or export drug paraphernalia.

(b) Penalties
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under Title 18.

(c) Seizure and forfeiture

Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.

(d) "Drug Paraphernalia" defined
The term "drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines 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 material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(11) chillums;
(12) bongs;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.

(e) Matters considered in determination of what constitutes drug paraphernalia;

In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) instructions, oral or written, provided with the item concerning its use;
(2) descriptive materials accompanying the item which explain or depict its use;
(3) national and local advertising concerning its use;
(4) the manner in which the item is displayed for sale;
(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) the existence and scope of legitimate uses of the item in the community; and
(8) expert testimony concerning its use.

(f) Exemptions
This section shall not apply to --
(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
(2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.

(Thank you Blueeyes01 for all the work you did)

Last edited by witchlinblue; 12-23-2005 at 02:47 PM..
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Old 12-10-2005, 04:53 PM
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Alabama

Crack pipes, rolling papers, scales, syringes, roach clips, bongs, and other materials used to manufacture or prepare drugs for personal use or distribution are all items which can be considered drug paraphernalia in Alabama. Possession of drug paraphernalia is a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine.

Drug Paraphernalia Law

The Alabama Criminal Code includes a drug paraphernalia provision, §13A-12-260, based on the Justice Department's model act, reprinted in Annotation, Validity, under Federal Constitution, of So-called "Head Shop" Ordinances or Statutes, Prohibiting Manufacture and Sale of Drug Use Related Paraphernalia, 69 A.L.R. Fed. 15 (1984 & Supp. 1998). The statute
provides a tri-partite definition of "drug paraphernalia."

First, drug paraphernalia is defined as all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of this state.

Ala. Code §13A-12-260(a). Next, it lists twelve types of items as examples of drug paraphernalia. Id. Finally, it offers thirteen factors to be considered when determining whether an item is drug paraphernalia. Ala. Code §13A-12-260(b). The statute refers to injection in the roster of drug-use practices that contribute to defining paraphernalia under the first part of the definition, and includes "[h]ypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injected controlled substances into the human body" in its list of items that can qualify as drug paraphernalia under some circumstances. Ala. Code §13A-12-260(a)-(b). The thirteen factors to be considered are:

(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 substance;
(3) The proximity of the object, in time and space, to a direct violation of this section or to a controlled substance;
(4) The existence of any residue of controlled substances on the object;
(5) 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 intend to use the object to facilitate a violation of the controlled substances laws of this state; the innocence of an owner, or of anyone in control of the object, as to a direct violation of such laws shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(6) Instructions, oral or written, provided with the object concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) 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;
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects 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.

Ala. Code §13A-12-260.
The law makes it "unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowing that it will be used to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation" of the Drug Paraphernalia Act. Ala. Code §13A-12-260(d)(1). Violation of the law is a misdemeanor subject to a fine of up to $2,000, Ala. Code §13A-5-12(1), and imprisonment of up to one year. Ala. Code §13A-5-7(a)(1). The violation becomes a class B felony when the recipient of the paraphernalia is under eighteen years old. Ala. Code §13A-12-260(d)(2). A class B felony is subject to imprisonment of not more than 20 years or less than 2 years. Ala. Code 13A-5-6(a)(2).

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Alaska

Paraphernalia Associated with Medical Use

Paraphernalia associated with medical use is permitted under Alaska law. "Medical use" is defined in the Alaska medical marijuana statute as the acquisition, possession, cultivation, use, and/or transportation of marijuana and/or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a debilitating medical condition only after a physician has authorized such medical use by a diagnosis of the patient's debilitating medical condition.

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Arizona


13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; definitions; violation; classification; civil forfeiture; factors

A. 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 drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

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, 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 drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

C. It is unlawful for a person to place in a 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. Any person who violates this subsection is guilty of a class 6 felony.

D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

E. In determining whether an object is drug paraphernalia, a court or other authority shall 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 drug.

-3. The proximity of the object, in time and space, to a direct violation of this chapter.

-4. The proximity of the object to drugs.

-5. The existence of any residue of drugs on the object.

-6. 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 this chapter.

-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. 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.

-12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.

-13. The existence and scope of legitimate uses for the object in the community.

-14. Expert testimony concerning its use.

F. In this section, unless the context otherwise requires:

1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.
2. "Drug paraphernalia" means 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 drug in violation of this chapter. It includes:
(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a drug or from which a drug can be derived.
(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a drug.
(d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs.
(e) Scales and balances used, intended for use or designed for use in weighing or measuring drugs.
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs.
(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 drugs.
(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.
(j) Containers and other objects used, intended for use or designed for use in storing or concealing drugs.
(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body.
(l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
(ii) Water pipes.
(iii) Carburetion tubes and devices.
(iv) Smoking and carburetion masks.
(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(vi) Miniature cocaine spoons and cocaine vials.
(vii) Chamber pipes.
(viii) Carburetor pipes.
(ix) Electric pipes.
(x) Air-driven pipes.
(xi) Chillums.
(xii) Bongs.
(xiii) Ice pipes or chillers.

13-901.01. Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education;
A. Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation. The court shall suspend the imposition or execution of sentence and place the person on probation.
B. Any person who has been convicted of or indicted for a violent crime as defined in section 13-604.04 is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to chapter 34 of this title.
C. Personal possession or use of a controlled substance pursuant to this section shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance.
D. If a person is convicted of personal possession or use of a controlled substance or drug paraphernalia, as a condition of probation, the court shall require participation in an appropriate drug treatment or education program administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall be required to pay for participation in the program to the extent of the person's financial ability.
E. A person who has been placed on probation pursuant to this section and who is determined by the court to be in violation of probation shall have new conditions of probation established by the court. The court shall select the additional conditions it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions except that the court shall not impose a term of incarceration unless the court determines that the person violated probation by committing an offense listed in chapter 34 or 34.1 of this title or an act in violation of an order of the court relating to drug treatment.
F. If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other action within the jurisdiction of the court.
G. At any time while the defendant is on probation, if after having a reasonable opportunity to do so the defendant fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the defendant's probation. If the court finds that the defendant refused to participate in drug treatment, the defendant shall no longer be eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title.
H. A person is not eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title if the court finds the person either:
1. Had been convicted three times of personal possession of a controlled substance or drug paraphernalia.
2. Refused drug treatment as a term of probation.
3. Rejected probation.

I. Subsections G and H of this section do not prohibit the defendant from being placed on probation pursuant to section 13-901 if the defendant otherwise qualifies for probation under that section.
J. For the purposes of this section, "controlled substance" has the same meaning prescribed in section 36-2501.

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Arkansas

"Drug paraphernalia" means all equipment, products, and materials of any kind that 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 chapter. 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 that 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 that 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; and
(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:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(vi) Miniature cocaine spoons and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.

(2) 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 space to a direct violation of this chapter;
(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 an owner or of anyone in control of the object to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter 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 explain 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 objects 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;

5-64-403. Fraud - Criminal penalties - Drug Paraphernalia.

(c) Drug Paraphernalia.

(1)(A)
(i) 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 chapter.
(ii) A violation of this subdivision (c)(1)(A)(i) is a Class A misdemeanor.

(B) Any person who violates this section in the course of and in furtherance of a felony violation of this chapter is guilty of a Class C felony.

(2)(A) 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 chapter. Any person who violates this subdivision (c)(2)(A) is guilty of a Class A misdemeanor.

(B) Any person who violates subdivision (c)(2)(A) of this section in the course of and in furtherance of a felony violation of this chapter is guilty of a Class C felony.

(3)(A) Any person eighteen (18) years of age or over who violates subdivision (c)(2) of this section immediately preceding by delivering drug paraphernalia in the course of and in furtherance of a felony violation of this chapter to a person under eighteen (18) years of age who is at least three (3) years his or her junior is guilty of a Class B felony.

(B) Otherwise, any person eighteen (18) years of age or over who violates subdivision (c)(2) of this section by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his or her junior is guilty of a Class A misdemeanor.

(4) 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 counterfeit substances or of objects designed or intended for use as drug paraphernalia. Any person who violates this subdivision (c)(4) is guilty of a Class C felony.

(5) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture methamphetamine in violation of this chapter. Any person who pleads guilty or nolo contendere to or is found guilty of violating the provisions of this subdivision (c)(5) shall be guilty of a Class B felony.

5-64-505. Property subject to forfeiture - Procedure - Disposition of property
.[/b]
REBUTTABLE PRESUMPTIONS. All moneys, coin, and currency found in close proximity to forfeitable controlled substances, to counterfeit substances, to forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records of the importation, manufacture, or distribution of controlled substances or counterfeit substances are presumed to be forfeitable under this paragraph. The burden of proof is upon claimants of the property to rebut these presumptions by a preponderance of the evidence.
(b) Seizure and summary forfeiture of contraband. The following items shall be deemed contraband and may be seized and summarily forfeited to the State:
(3) All drug paraphernalia and counterfeit substances except in the possession or control of a practitioner in the course of professional practice and/or research.

6-21-102. Donation of laboratory equipment seized under drug paraphernalia law.

Any triple-beam balance or analytical balance or other laboratory equipment seized under Arkansas' drug paraphernalia law, or any other law, may be donated by the seizing authority to any public school in this state.

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California

CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 11364-11376


"Drug paraphernalia" means all equipment, products and materials of any kind which are designed for use or marketed 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 division. It includes, but is not limited to:
(1) Kits designed for use or marketed 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.
(2) Kits designed for use or marketed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices designed for use or marketed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment designed for use or marketed for use inidentifying, or in analyzing the strength, effectiveness, or purity of controlled substances.
(5) Scales and balances designed for use or marketed for use in weighing or measuring controlled substances.
(6) Containers and other objects designed for use or marketed for use in storing or concealing controlled substances.
(7) Hypodermic syringes, needles, and other objects designed for use or marketed for use in parenterally injecting controlled substances into the human body.
(8) Objects designed for use or marketed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(A) Carburetion tubes and devices.
(B) Smoking and carburetion masks.
(C) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(D) Miniature cocaine spoons, and cocaine vials.
(E) Chamber pipes.
(F) Carburetor pipes.
(G) Electric pipes.
(H) Air-driven pipes.
(I) Chillums.
(J) Bongs.
(K) Ice pipes or chillers.
(b) For the purposes of this section, the phrase "marketed for use" means advertising, distributing, offering for sale, displaying for sale, or selling in a manner which promotes the use of equipment, products, or materials with controlled substances.
(c) In determining whether an object is drug paraphernalia, a court or other authority may 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) Instructions, oral or written, provided with the object concerning its use for ingesting, inhaling, or otherwise introducing a controlled substance into the human body.
(3) Descriptive materials accompanying the object which explain or depict its use.
(4) National and local advertising concerning its use.
(5) The manner in which the object is displayed for sale.
(6) 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.
(7) Expert testimony concerning its use.
(d) If any provision of this section or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application and to this end the provisions of this section are severable.

11364. (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V.
(b) This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste.
(c) Pursuant to authorization by a county, with respect to all of the territory within the county, or a city, with respect to the territory within in the city, for the period commencing January 1, 2005, and ending December 31, 2010, subdivision (a) shall not apply to the possession solely for personal use of 10 or fewer hypodermic needles or syringes if acquired from an authorized source.

11364.5. (a) Except as authorized by law, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless such drug paraphernalia is completely and wholly kept, displayed or offered within a separate room or enclosure to which persons under the age of 18 years not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be signposted in reasonably visible and legible words to the effect that drug paraphernalia is kept, displayed or offered in such room or enclosure and that minors, unless accompanied by a
parent or legal guardian, are excluded.
(b) Except as authorized by law, no owner, manager, proprietor or other person in charge of any room or enclosure, within any place of business, in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away shall permit or allow any person under the age of 18 years to enter, be in, remain in or visit such room or enclosure unless such minor person is accompanied by one of his or her parents or by his or her legal guardian.
(c) Unless authorized by law, no person under the age of 18 years shall enter, be in, remain in or visit any room or enclosure in any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless accompanied by one of his or her parents or by his or her legal guardian.
(d) As used in this section, "drug paraphernalia" means all equipment, products, and materials of any kind which are 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. "Drug paraphernalia" includes, but is not limited to, all of the following:
(1) Kits 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.
(2) Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances.
(5) Scales and balances intended for use or designed for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances.
(7) Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(8) Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances.
(9) Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances.
(10) Containers and other objects intended for use or designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body.
(12) Objects 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 the following:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(B) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking and carburetion masks.
(E) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand.
(F) Miniature cocaine spoons, and cocaine vials.
(G) Chamber pipes.
(H) Carburetor pipes.
(I) Electric pipes.
(J) Air-driven pipes.
(K) Chillums.
(L) Bongs.
(M) Ice pipes or chillers.
(e) In determining whether an object is drug paraphernalia, a court or other authority may 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 substance.
(3) 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 or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
(4) Instructions, oral or written, provided with the object concerning its use.
(5) Descriptive materials, accompanying the object which explain or depict its use.
(6) National and local advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(8) 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.
(9) The existence and scope of legitimate uses for the object in the community.
(10) Expert testimony concerning its use.
(f) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in paragraph (11) of subdivision (d) upon the prescription of a physician, dentist, podiatrist or veterinarian.
(2) Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia described in paragraph (11) of subdivision (d) to his or her patients.
(3) Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described in paragraph (11) of subdivision (d).
(g) Notwithstanding any other provision of law, including Section 11374, violation of this section shall not constitute a criminal offense, but operation of a business in violation of the provisions of this section shall be grounds for revocation or nonrenewal of any license, permit, or other entitlement previously issued by a city, county, or city and county for the privilege of engaging in such business and shall be grounds for denial of any future license, permit, or other entitlement authorizing the conduct of such business
or any other business, if the business includes the sale of drug paraphernalia.

11472. Controlled substances and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance, which are possessed in violation of this division, may be seized by any peace officer and in the aid of such seizure a search warrant may be issued as prescribed by law.

11473. (a) All seizures under provisions of this chapter, except seizures of vehicles, boats, or airplanes, as specified in subdivision (e) of Section 11470, or seizures of moneys, negotiable instruments, securities, or other things of value as specified in subdivision (f) of Section 11470, shall, upon conviction of the owner or defendant, be ordered destroyed by the court in which conviction
was had.
(b) Law enforcement may request of the court that certain uncontaminated science equipment be relinquished to a school or school district for science classroom education in lieu of destruction.

11473.5. (a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, shall be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the
defendant.
(b) If the court finds that the property was not lawfully possessed by the defendant, law enforcement may request of the court that certain uncontaminated instruments or paraphernalia be relinquished to a school or school district for science classroom education in lieu of destruction.

11474. A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant to the provisions of Section 11473 or 11473.5 may be carried out by a police or sheriff's department, the Department of Justice, the Department of the California Highway Patrol, or the Department of Alcoholic Beverage Control. The court order shall specify the agency responsible for the destruction. Controlled substances, instruments, or paraphernalia not in the possession of the designated agency at the time the order of the court is issued shall be delivered to the designated agency for destruction in compliance with the order.

11532. (a) It is unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to commit an offense specified in Chapter 6 (commencing with Section 11350) and Chapter 6.5 (commencing with Section 11400).
(b) Among circumstances that may be considered in determining whether a person has the requisite intent to engage in drug-related activity are that the person:
(7) Is under the influence of a controlled substance or possesses narcotic or drug paraphernalia. For the purposes of this paragraph, "narcotic or drug paraphernalia" means any device, contrivance, instrument, or apparatus designed or marketed for the use of smoking, injecting, ingesting, or consuming marijuana, hashish, PCP, or any controlled substance, including, but not limited to, roach clips, cigarette papers, and rollers designed or marketed for use in smoking a controlled substance.

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Colorado

18-18-426. Drug paraphernalia - definitions.
Statute text


As used in sections 18-18-425 to 18-18-430, unless the context otherwise requires:

(1) "Drug paraphernalia" means 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 the laws of this state. "Drug paraphernalia" includes, but is not limited to:

(a) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances under circumstances in violation of the laws of this state;
(b) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(c) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
(d) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(e) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(f) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; or
(g) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
(I) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(II) Water pipes;
(III) Carburetion tubes and devices;
(IV) Smoking and carburetion masks;
(V) Roach clips, meaning objects used to hold burning material, such as a marihuana cigarette that has become too small or too short to be held in the hand;
(VI) Miniature cocaine spoons and cocaine vials;
(VII) Chamber pipes;
(VIII) Carburetor pipes;
(IX) Electric pipes;
(X) Air-driven pipes;
(XI) Chillums;
(XII) Bongs; or
(XIII) Ice pipes or chillers.

History

Source: L. 92: Entire article R&RE, p. 376, § 1, effective July 1.
Annotations

Editor's note: This section was contained in an article that was repealed and reenacted in 1992. Provisions of this section, as it existed in 1992, are similar to those contained in 12-22-502 as said section existed in 1991, the year prior to the repeal and reenactment of this article.

Annotations

Law reviews. For article, "Constitutional Law and Civil Rights", see 59 Den. L.J. 239 (1982).

Annotator's note. Since § 18-18-426 is similar to § 12-22-502 as it existed prior to its repeal in 1992, relevant cases construing those provisions have been included in the annotations to this section.

Terms "designed" and "primarily" in definition of "drug paraphernalia" are not unconstitutionally vague. High Gear and Toke Shop v. Beacom, 689 P.2d 624 (Colo. 1984).

Term "intended" is unconstitutionally vague and is severed from the definition. High Gear and Toke Shop v. Beacom, 689 P.2d 624 (Colo. 1984).

Definition of "drug paraphernalia" does not violate due process. By severing the word "adapted" from the definition, the act can be upheld. Hejira Corp. v. MacFarlane, 660 F.2d 1356 (10th Cir. 1981) (decided prior to the 1981 amendment to subsection (2) which deleted the word "adapted").

Term "designed" not overbroad. As this section restricts the term "designed," by requiring that an item must be primarily designed for use with illegal drugs in order to constitute paraphernalia, that term, as used in this part, not overbroad. Hejira Corp. v. MacFarlane, 660 F.2d 1356 (10th Cir. 1981).

Intent requirement of subsection (2) refers to intent of possessor or seller. Hejira Corp. v. MacFarlane, 660 F.2d 1356 (10th Cir. 1981).

Applied in Wakabayashi v. Tooley, 648 P.2d 655 (Colo. 1982).

18-18-427. Drug paraphernalia - determination - considerations.
Statute text


(1) In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:

(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) The proximity of the object to controlled substances;
(c) The existence of any residue of controlled substances on the object;
(d) Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know, could use the object to facilitate a violation of sections 18-18-425 to 18-18-430;
(e) Instructions, oral or written, provided with the object concerning its use;
(f) Descriptive materials accompanying the object which explain or depict its use;
(g) National or local advertising concerning its use;
(h) The manner in which the object is displayed for sale;
(i) Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;
(j) The existence and scope of legal uses for the object in the community;
(k) Expert testimony concerning its use.

(2) In the event a case brought pursuant to sections 18-18-425 to 18-18-430 is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to this section. Such hearing shall be conducted in camera.
History

Source: L. 92: Entire article R&RE, p. 377, § 1, effective July 1.

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Florida

The 2005 Florida Statutes


893.145 "Drug paraphernalia" defined.--The term "drug paraphernalia" means 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, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter or s. 877.111. Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The term includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in the 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.

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.

(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.

(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10) Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting controlled substances.

(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or nitrous oxide into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Smoking and carburetion masks.
(e) Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.
(f) Miniature cocaine spoons, and cocaine vials.
(g) Chamber pipes.
(h) Carburetor pipes.
(i) Electric pipes.
(j) Air-driven pipes.
(k) Chillums.
(l) Bongs.
(m) Ice pipes or chillers.
(n) A cartridge or canister, which means a small metal device used to contain nitrous oxide.
(o) A charger, sometimes referred to as a "cracker," which means a small metal or plastic device that contains an interior pin that may be used to expel nitrous oxide from a cartridge or container.
(p) A charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister.
(q) A whip-it, which means a device that may be used to expel nitrous oxide.
(r) A tank.
(s) A balloon.
(t) A hose or tube.
(u) A 2-liter-type soda bottle.
(v) Duct tape.

893.146 Determination of paraphernalia.--In determining whether an object is drug paraphernalia, a court or other authority or jury shall 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) The proximity of the object, in time and space, to a direct violation of this act.
(3) The proximity of the object to controlled substances.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
(6) Instructions, oral or written, provided with the object concerning its use.
(7) Descriptive materials accompanying the object which explain or depict its use.
(8) Any advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) 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 of or dealer in tobacco products.
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects 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.

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Georgia

16-13-32.

(a) As used in this Code section, the term:

(1) "Drug related object" means any instrument, device, or object
which is designed or marketed as useful primarily for one or more
of the following purposes:

(A) To inject, ingest, inhale, or otherwise introduce marijuana
or a controlled substance into the human body;
(B) To enhance the effect of marijuana or a controlled substance
on the human body;
(C) To test the strength, effectiveness, or purity of marijuana
or a controlled substance;
(D) To process or prepare marijuana or a controlled substance
for introduction into the human body;
(E) To conceal any quantity of marijuana or a controlled
substance; or
(F) To contain or hold marijuana or a controlled substance while
it is being introduced into the human body.

(2) "Knowing" means either actual or constructive knowledge of the
drug related nature of the object; and a person or corporation has
constructive knowledge of the drug related nature of the object if
he or it has knowledge of facts which would put a reasonable and
prudent person on notice of the drug related nature of the object.

(b) It shall be unlawful for any person or corporation, knowing the
drug related nature of the object, to sell, lend, rent, lease, give,
exchange, or otherwise distribute to any person any drug related
object. It shall also be unlawful for any person or corporation,
knowing the drug related nature of the object, to display for sale,
or possess with the intent to distribute any drug related object.
Unless stated within the body of the advertisement or notice that
the object that is advertised or about which information is
disseminated is not available for distribution of any sort in this
state, it shall be unlawful for any person or corporation, knowing
the drug related nature of the object, to distribute or disseminate
in any manner to any person any advertisement of any kind or notice
of any kind which gives information, directly or indirectly, on
where, how, from whom, or by what means any drug related object may
be obtained or made.
(c) It shall be unlawful for any person or corporation, other than a
licensed pharmacist or a practitioner licensed to dispense Legend
Drugs, to sell, lend, rent, lease, give, exchange, or otherwise
distribute to any person a hypodermic syringe or needle designed or
marketed primarily for human use. It shall be an affirmative defense
that the hypodermic syringe or needle was marketed for a legitimate
medical purpose.
(d) For a first offense, any person or corporation which violates
any provision of this Code section shall be guilty of a misdemeanor.
For a second offense, the defendant shall be guilty of a misdemeanor
of a high and aggravated nature. For a third or subsequent offense,
the defendant shall be guilty of a felony and, upon conviction
thereof, shall be imprisoned for not less than one year nor more
than five years and shall be fined not more than $5,000.00.
(e) All instruments, devices, and objects which are distributed or
possessed in violation of this Code section are declared to be
contraband.
(f) After conviction and after all direct appeals from the
conviction have been exhausted, any instruments, devices, or objects
which are the subject of prosecution under this Code section may be
destroyed by the state or any county or municipality thereof without
court order.
(g) Any instruments, devices, or objects which are seized after July
1, 1980, on condemnation as being distributed or possessed in
violation of this Code section and which are not made the subject of
prosecution under this Code section may be destroyed by the state or
any county or municipality thereof if within 90 days after such
seizures are made, the district attorney or the solicitor-general of
any court that has jurisdiction to try misdemeanors in the county
where the seizure occurred shall institute condemnation proceedings
in the court by petition, a copy of which shall be served upon the
owner of the seized items, if known; and if the owner is unknown,
notice of such proceedings shall be published once a week for two
weeks in the newspaper in which the sheriff's advertisements are
published. The petition shall allege that the seized items were
distributed or possessed in violation of this Code section; and, if
no defense is filed within 30 days from the filing of the petition,
judgment by default shall be entered by the court at chambers, and
the court shall order the seized items to be destroyed; otherwise,
the case shall proceed as other civil cases in the court. Should
the state prove, by a preponderance of the evidence, that the seized
items were distributed or possessed in violation of this Code
section, the court shall order the seized items to be destroyed.

16-13-32.1.

(a) It shall be unlawful for any person or corporation to sell,
rent, lease, give, exchange, otherwise distribute, or possess with
intent to distribute any object or materials of any kind which such
person or corporation intends to be used for the purpose of
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 marijuana or a controlled substance.
(b) Unless stated within the body of the advertisement or notice
that the object or materials that are advertised or about which
information is disseminated are not available for distribution of
any sort in this state, it shall be unlawful for any person or
corporation to sell, rent, lease, give, exchange, distribute, or
possess with intent to distribute any advertisement of any kind or
notice of any kind which gives information, directly or indirectly,
on where, how, from whom, or by what means any object or materials
may be obtained or made, which object or materials such person or
corporation intends to be used for the purpose of 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 marijuana or a controlled substance.
(c) In determining whether any object or materials are intended for
any of the purposes listed in subsections (a) and (b) of this Code
section, a court or other authority shall consider all logically
relevant factors. In a trial under this Code section, any evidence
admissible on this question under the rules of evidence shall be
admitted. Subject to the rules of evidence, when they are the object
of an offer of proof in a court proceeding, the following factors
are among those that should be considered by a court or other
authority on this question:

(1) Statements by an owner or anyone in control of the object or
materials;
(2) Instructions provided with the object or materials;
(3) Descriptive materials accompanying the object or materials;
(4) National and local advertising or promotional materials
concerning the object or materials;
(5) The appearance of, and any writing or other representations
appearing on, the object or materials;
(6) The manner in which the object or materials are displayed for
sale or other distribution;
(7) Expert testimony concerning the object or materials; and
(8) Any written or pictorial materials which are present in the
place where the object is located.

(d) For a first offense, any person or corporation which violates
any provision of this Code section shall be guilty of a misdemeanor.
For a second offense, the defendant shall be guilty of a misdemeanor
of a high and aggravated nature. For a third or subsequent offense,
the defendant shall be guilty of a felony and, upon conviction
thereof, shall be imprisoned for not less than one year nor more
than five years and shall be fined not more than $5,000.00.
(e) All objects and materials which are distributed or possessed in
violation of this Code section are declared to be contraband and
shall be forfeited according to the procedure described in Code
Section 16-13-49.

16-13-32.2.

(a) It shall be unlawful for any person to use, or possess with the
intent to use, any object or materials of any kind for the purpose
of 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 marijuana or a controlled substance.
(b) Any person or corporation which violates any provision of this
Code section shall be guilty of a misdemeanor.

16-13-33.

Any person who attempts or conspires to commit any offense defined
in this article shall be, upon conviction thereof, punished by
imprisonment not exceeding the maximum punishment prescribed for the
offense, the commission of which was the object of the attempt or
conspiracy.

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Hawaii

S.B. 807 RELATING TO DRUG PARAPHERNALIA TIA,JDC
Prohibits the sale of a combination of glass "straw"
and portions of metal brillo pad, which form the
components of a crack cocaine pipe.

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Idaho

Idaho Statutes
TITLE 3
FOOD, DRUGS, AND OIL
CHAPTER 27
UNIFORM CONTROLLED SUBSTANCES
37-2701.
DEFINITIONS. As used in this act:
(n) "Drug paraphernalia" means 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 act. It includes, but is not limited to:
(1) 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;
(2) Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
(3) Isomerization devices used, intended for use, or designed for use in
increasing the potency of any species of plant which is a controlled
substance;
(4) Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of
controlled substances;
(5) Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed for use
in cutting controlled substances;
(7) 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;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended
for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for
use, or designed for use in packaging small quantities of controlled
substances;
(10) Containers and other objects used, intended for use, or designed for
use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for
use, or designed for use in parenterally injecting controlled substances
into the human body;
(12) 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:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or
punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: meaning objects used to hold burning material, such
as a marijuana cigarette, that has become too small or too short to
be held in the hand;
(f) Miniature cocaine spoons, and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers;
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
substance;
3. The proximity of the object, in time and space, to a direct violation
of this act;
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 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 this act; the innocence of an owner, or of anyone in control
of the object, as to a direct violation of this act shall 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. 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;
12. Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the
community;
14. Expert testimony concerning its use.

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Illinois

POSSESSION DRUG PARAPHERNALIA
720 ILCS 600/3.5

$750 to $2500 Fine &/or Up to 1 Year in Jail
-----------------------
DRUG PARAPHENALIA
Drug Paraphernalia Act Amendment


The provision which were designed to deal with a court decision that stated “homemade items” were exempt. Here is the amendment:
HB2328 93rd General Assembly 093_HB2328 LRB093 09125 RLC 09357 AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois: Section 5. The Drug Paraphernalia Control Act is amended by changing Section 2 as follows:

(720 ILCS 600/2) 7 Sec. 2. As used in this Act, unless the context otherwise requires: (a) The term "cannabis" shall have the meaning ascribed to it in Section 3 of the "Cannabis Control Act", as if that definition were incorporated herein.
(d) "Drug paraphernalia" means all equipment, products and materials of any kind, home made or manufactured, which are peculiar to or and marketed 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 cannabis or a controlled substance in violation of the "Cannabis Control Act" or the "Illinois Controlled Substances Act". It includes, but is not limited to:

(1) Kits, home made or manufactured, peculiar to or and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(2) Isomerization devices, home made or manufactured, peculiar to or and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;
(3) Testing equipment, home made or manufactured, peculiar to or and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
(4) Diluents and adulterants, home made or manufactured, peculiar to or and marketed for cutting cannabis or a controlled substance by private persons;
(5) Objects, home made or manufactured, peculiar to or and marketed for use in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items: (A) water pipes; (B) carburetion tubes and devices; (C) smoking and carburetion masks; (D) miniature cocaine spoons and cocaine vials; (E) carburetor pipes; (F) electric pipes;(G) air-driven pipes; (H) chillums; I) bongs; (J) ice pipes or chillers;Any item whose purpose, as announced or described by the seller, is for use in violation of this Act. (P.A. 82-1032.)

------------------------

Public Act 93-0392

SB880 Enrolled LRB093 07447 RLC 07612 b


AN ACT in relation to hypodermic syringes and needles.

Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

Section 5. The Drug Paraphernalia Control Act is amended
by changing Sections 3.5 and 4 as follows:

(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.
(a) A person who knowingly possesses an item of drug
paraphernalia with the intent to use it in ingesting,
inhaling, or otherwise introducing cannabis or a controlled
substance into the human body, or in preparing cannabis or a
controlled substance for that use, is guilty of a Class A
misdemeanor for which the court shall impose a minimum fine
of $750 in addition to any other penalty prescribed for a
Class A misdemeanor. This subsection (a) does not apply to a
person who is legally authorized to possess hypodermic
syringes or needles under the Hypodermic Syringes and Needles
Act.
(b) In determining intent under subsection (a), the
trier of fact may take into consideration the proximity of
the cannabis or controlled substances to drug paraphernalia
or the presence of cannabis or a controlled substance on the
drug paraphernalia.
(Source: P.A. 88-677, eff. 12-15-94.)

(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
Sec. 4. Exemptions.
This Act shall not apply to:
(a) Items marketed for use in the preparation,
compounding, packaging, labeling, or other use of cannabis or
a controlled substance as an incident to lawful research,
teaching, or chemical analysis and not for sale.
(b) Items marketed for, or historically and customarily
used in connection with, the planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, or inhaling of tobacco or
any other lawful substance.
Items exempt under this subsection include, but are not
limited to, garden hoes, rakes, sickles, baggies, tobacco
pipes, and cigarette-rolling papers.
(c) Items listed in Section 2 of this Act which are
marketed for decorative purposes, when such items have been
rendered completely inoperable or incapable of being used for
any illicit purpose prohibited by this Act.
(d) A person who is legally authorized to possess
hypodermic syringes or needles under the Hypodermic Syringes
and Needles Act.
In determining whether or not a particular item is exempt
under this subsection, the trier of fact should consider, in
addition to all other logically relevant factors, the
following:
(1) the general, usual, customary, and historical
use to which the item involved has been put;
(2) expert evidence concerning the ordinary or
customary use of the item and the effect of any
peculiarity in the design or engineering of the device
upon its functioning;
(3) any written instructions accompanying the
delivery of the item concerning the purposes or uses to
which the item can or may be put;
(4) any oral instructions provided by the seller of
the item at the time and place of sale or commercial
delivery;
(5) any national or local advertising concerning
the design, purpose or use of the item involved, and the
entire context in which such advertising occurs;
(6) the manner, place and circumstances in which
the item was displayed for sale, as well as any item or
items displayed for sale or otherwise exhibited upon the
premises where the sale was made;
(7) 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;
(8) the existence and scope of legitimate uses for
the object in the community.
(Source: P.A. 91-357, eff. 7-29-99.)

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Indiana

IC 35-48-4
Chapter 4. Offenses Relating to Controlled Substances
IC 35-48-4-8.3
Possession of paraphernalia
Sec. 8.3. (a) A person who possesses a raw material, an instrument, a device, or other object that the person intends to use for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for possessing paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.
(c) A person who recklessly possesses a raw material, an instrument, a device, or other object that is to be used primarily for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits reckless possession of paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.
As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989, SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1.


IC 35-48-4-8.5
Dealing in paraphernalia

Sec. 8.5.
(a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, or a controlled substance by individuals; or
(6) any purpose announced or described by the seller that is in violation of this chapter;
commits a Class A infraction for dealing in paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.
(c) A person who recklessly keeps for sale, offers for sale, or delivers an instrument, a device, or other object that is to be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, or a controlled substance by individuals; or
(6) any purpose announced or described by the seller that is in violation of this chapter;
commits reckless dealing in paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.
(d) This section does not apply to the following:
(1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
(2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
As added by P.L.1-1991, SEC.206. Amended by P.L.58-2003, SEC.2.

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Iowa

Iowa Code 2003 Section 124.414

124.414 Drug paraphernalia.

1.
a. As used in this section, "drug paraphernalia" means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:

(1) Manufacture a controlled substance.
(2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(3) Test the strength, effectiveness, or purity of a controlled substance.
(4) Enhance the effect of a controlled substance.

b. "Drug paraphernalia" does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.

2. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.
3. A person who violates this section commits a simple misdemeanor.

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Kansas

65-4153
Chapter 65.--PUBLIC HEALTH
Article 41.--CONTROLLED SUBSTANCES


65-4153. Simulated controlled substances and drug paraphernalia; prohibited acts; penalties.
(a) No person shall deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within this state:

(1) Any simulated controlled substance;
(2) any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 65-4162, and amendments thereto;
(3) any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the uniform controlled substances act, except K.S.A. 65-4162, and amendments thereto; or
(4) any 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, sell or distribute a controlled substance in violation of the uniform controlled substances act.

(b) Violation of subsection (a)(1) is a nondrug severity level 9, nonperson felony.
(c) Violation of subsection (a)(2) is a class A nonperson misdemeanor. Any person who violates subsection (a)(2) by delivering or causing to be delivered within this state drug paraphernalia to a person under 18 years of age is guilty of a nondrug severity level 9, nonperson felony.
(d) Violation of subsection (a)(3) is a nondrug severity level 9, nonperson felony. Any person who violates subsection (a)(3) by delivering or causing to be delivered within this state drug paraphernalia to a person under 18 years of age is guilty of a drug severity level 4 felony.
(e) Violation of subsection (a)(4) is a drug severity level 4 felony.

History: L. 1981, ch. 140, § 4; L. 1987, ch. 246, § 2; L. 1993, ch. 291, § 237; L. 1996, ch. 257, § 4; July 1.

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Kentucky

218A.500 Definitions for KRS 218A.500 and 218A.510 -- Unlawful practices
Penalties.

As used in this section and KRS 218A.510:
(1) "Drug paraphernalia" means 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 chapter.
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: 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 which mean objects used to hold burning
material, 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.
(2) It is unlawful for any person to use, or to possess with intent to use, drug
paraphernalia for the purpose of planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
(3) 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 chapter.
(4) 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.
(5) Any person who violates any provision of this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for subsequent offenses.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 441, sec. 8, effective July 14, 1992. -- Created
1982 Ky. Acts ch. 413, sec. 2, effective July 15, 1982.

218A.510 Factors to be considered in determining whether object is drug paraphernalia.
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 substance;
(3) The proximity of the object, in time and space, to a direct violation of KRS
218A.500(2), (3) or (4);
(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 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 KRS 218A.500(2), (3) or (4); the innocence of an owner, or of anyone in control of the object, as to a direct violation of KRS 218A.500(2), (3) or (4) shall 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) 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;
(12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community;
(14) Expert testimony concerning its use.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 413, sec. 3, effective July 15, 1982.

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Louisiana

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Maine

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Maryland

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Massachusetts

"Drug paraphernalia'', all equipment, products, devices and materials of any kind which are primarily intended 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 chapter. It includes, but is not limited to:

(1) kits used, primarily 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;
(2) kits used, primarily intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(3) isomerization devices used, primarily intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) testing equipment used, primarily intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(5) scales and balances used, primarily intended for use or designed for use in weighing or measuring controlled substances;
(6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, primarily intended for use or designed for use in cutting controlled substances;
(7) separation gins and sifters used, primarily intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
(8) blenders, bowls, containers, spoons and mixing devices used, primarily intended for use or designed for use in compounding controlled substances;
(9) capsules, balloons, envelopes and other containers used, primarily intended for use or designed for use in packaging small quantities of controlled substances;
(10) containers and other objects used, primarily intended for use or designed for use in storing or concealing controlled substances;
(11) hypodermic syringes, needles and other objects used, primarily intended for use or designed for use in parenterally injected controlled substances into the human body;
(12) objects used, primarily intended for use or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:

(a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, which pipes may or may not have screens, permanent screens, hashish heads or punctured metal bowls;
(b) water pipes;
(c) carburetion tubes and devices;
(d) smoking and carburetion masks;
(e) roach clips; meaning objects used to hold burning material, such as a marihuana cigarette that has become too small or too short to be held in the hand;
(f) miniature cocaine spoons and cocaine vials;
(g) chamber pipes;
(h) carburetor pipes;
(i) electric pipes;
(j) air-driven pipes;
(k) chillums;
(l) bongs;
(m) ice pipes or chillers;
(n) wired cigarette papers;
(o) cocaine freebase kits.

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) the proximity of the object, in time and space, to a direct violation of this chapter;
(b) the proximity of the object to controlled substances;
(c) the existence of any residue of controlled substances on the object;
(d) instructions, oral or written, provided with the object concerning its use;
(e) descriptive materials accompanying the object which explain or depict its use;
(f) national and local advertising concerning its use;
(g) the manner in which the object is displayed for sale;
(h) whether the owner, or anyone in control of the object, is a supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(i) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(j) the existence and scope of legitimate uses for the object in the community;
(k) expert testimony concerning its use.

CHAPTER 94C. CONTROLLED SUBSTANCES ACT


Chapter 94C: Section 32I Drug paraphernalia; sale, possession or manufacture with intent to sell; penalty; sale of tobacco rolling papers

Section 32%iI.
(a) No person shall sell, possess with intent to sell, or manufacture with intent to sell 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 chapter. Whoever violates any provision of this paragraph shall be punished by imprisonment in jail or house of correction for not less than one nor more than two years, or by a fine of not less than five hundred nor more than five thousand dollars, or both.
(b) Any person who violates the foregoing provision by selling drug paraphernalia to a person under eighteen years of age shall be imprisoned in the state prison for not less than three nor more than five years, or by a fine of not less than one thousand nor more than five thousand dollars, or both.
(c) On any premises where tobacco rolling papers are sold, the person in control of such premises shall cause to be displayed in a prominent place therein a printed warning that such papers shall not be used in conjunction with the possession of a controlled substance the possession of which is punishable by a fine or imprisonment. Whoever violates the provisions of this subsection shall be punished by a fine of not less than fifty nor more than two hundred dollars.

Last edited by witchlinblue; 12-26-2005 at 08:29 PM..
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Michigan

333.7451 “Drug paraphernalia” defined.

Sec. 7451.


As used in sections 7453 to 7461 and section 7521, “drug paraphernalia” means any equipment, product, material, or combination of equipment, products, or materials, which is specifically 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; including, but not limited to, all of the following:

(a) An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance.
(b) Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.
(c) A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.
(d) A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.
(e) A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.
(f) An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.
(g) A kit specifically 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.
(h) A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(i) A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
(j) A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.
(k) A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose.
(l) A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
(m) A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.

History: Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name: Act 368
© 2004 Legislative Council, State of Michigan

333.7453 Sale of drug paraphernalia prohibited; notice; compliance.
Sec. 7453.


(1) Subject to subsection (2), a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia 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.
(2) Before a person is arrested for a violation of subsection (1), the attorney general or a prosecuting attorney shall notify the person in writing, not less than 2 business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (1).
(3) If a person complies with a notice sent under subsection (2), the compliance is a complete defense for the person against a prosecution under section 7453, as long as the compliance continues.

History: Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name: Act 368
© 2004 Legislative Council, State of Michigan

333.7455 Violation of § 333.7453 as misdemeanor; penalty.
Sec. 7455.


(1) A person who violates section 7453 is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000.00, or both.
(2) A person 18 years of age or older who violates section 7453 by selling or offering to sell drug paraphernalia to a person less than 18 years of age is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $7,500.00, or both.

History: Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name: Act 368
© 2004 Legislative Council, State of Michigan

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Minnesota

Minnesota Session Laws 2005 - Chapter 136
152.092 Possession of drug paraphernalia prohibited.
It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this section is a petty misdemeanor.

HIST: 1982 c 557 s 2

152.093 Manufacture or delivery of drug paraphernalia prohibited.
It is unlawful for any person knowingly or intentionally to deliver drug paraphernalia or knowingly or intentionally to possess or manufacture drug paraphernalia for delivery. Any violation of this section is a misdemeanor.

HIST: 1982 c 557 s 3

152.094 Delivery of drug paraphernalia to a minor prohibited.

Any person 18 years of age or older who violates section 152.093 by knowingly or intentionally delivering drug paraphernalia to a person under 18 years of age who is at least three years younger is guilty of a gross misdemeanor.

HIST: 1982 c 557 s 4; 1986 c 444

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Mississippi

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