Calaveras County Municipal Code Ch. 5.24 Drug Paraphernalia

As used in this chapter, the following terms shall be ascribed the following meanings:

A. "Business" means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

B. "Controlled substance" means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended, renumbered or added to in any way.

C. "Display" means to show to a patron or have in a manner so as to be available for viewing.

D. "Distribute" means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts.

E. 1.

"Drug paraphernalia" means all equipment, products and materials of any kind which are intended by a person charged with a violation of this chapter for use in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state. "Drug paraphernalia" includes, but is not limited to, all of the following:

a. Kits intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

b. Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;

c. Testing equipment intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

d. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose intended for use in cutting controlled substances;

e. Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

f. Blenders, bowls, containers, spoons and mixing devices intended for use in compounding controlled substances;

g. Capsules, balloons, envelopes, and other containers intended for use in packaging small quantities of controlled substances;

h. Containers and other objects intended for use in storing or concealing controlled substances; and

i. Objects intended for use in injecting, 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. Air-driven pipes,

x. bongs.

2. In determining whether an object is "drug paraphernalia," a court or other authority may consider in addition to all other logically relevant factors, by 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 intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows intend to use the object to facilitate a violation of the laws of the state relating to controlled substances;

e. Descriptive materials or instructions, written or oral, 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, including its proximity to other objects falling within the definition of drug paraphernalia;

h. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

i. The existence and scope of legitimate uses for the object in the community; and

j. Expert testimony concerning its use.

F. "Person" means a natural person or any firm, partnership, association, corporation or cooperative association.

(Ord. 1501 § 1(part), 1982).

A. Except as authorized by law, it is unlawful for any person to maintain or operate any business knowing or under circumstances where he should reasonably know that drug paraphernalia is displayed at such business.

B. Except as authorized by law, it is unlawful for any person who is the owner of a business, an employee thereof or who works at such business as an agent of the owner, to wilfully display drug paraphernalia at such business.

(Ord. 1501 § 1(part), 1982).

Except as authorized by law, it is unlawful for any person to distribute to another person drug paraphernalia, knowing or under circumstances where he should reasonably know that it will be used to 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 any law of the state.

(Ord. 1501 § 1(part), 1982).

A. This chapter shall not apply to any of the following:

1. Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist or veterinarian;

2. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia to his or her patient;

3. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia.

B. No provision of this chapter shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the state, or require any act which is prohibited by any law of the state. Nor shall any provision of this chapter be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the state.

(Ord. 1501 § 1(part), 1982).

A. Misdemeanor. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction is punishable by a fine not exceeding five hundred dollars. A person who violates the provisions of Section 5.24.030 shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues.

B. Public Nuisance. A violation of any provision of this chapter is declared to be a public nuisance subject to abatement pursuant to Section 731 of the Code of Civil Procedure.

(Ord. 1501 § 1(part), 1982).