Grand Terrace Municipal Code Ch. 9.20 Drug Paraphernalia

The task of protecting minors from drug abuse poses unique problems in that minors often lack the discernment and judgment of adults. They often do not make the distinctions adults make between the freedom to advertise or sell an item which may be used for illegal purposes and the impropriety of using that item in an illegal manner. The unrestricted display and sale by businesses of narcotics paraphernalia, enumerated in the California Health and Safety Code, Section 11364, may impress upon minors the conception that the use of such paraphernalia with illegal drugs is endorsed by businesses and condoned by the community. The impression of endorsement or acceptance of controlled substance use is likely to encourage drug use by minors. Therefore, in order to protect the health, safety and well-being of minors in the community, it is necessary to regulate the advertising, display and sale of such materials in community businesses.

(Ord. 32 § 1(A), 1980)

For the purposes of this chapter:

A. "Advertise" means to verbally, literally or pictorially display, publicize or tell of an item or a quantum of merchandise that is offered for sale.

B. "Business" means any commercial enterprise or establishment whether ongoing or transient and whether occupying indoor or outdoor premises.

C. 1.

"Device, contrivance, instrument or paraphernalia" means any instrument used, designed for use or intended for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oils or cocaine such as:

a. Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana or hashish pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

b. Water pipes designed for use or intended for use with marijuana, hashish, hashish oil or cocaine;

c. Carburetion tubes and devices;

d. Smoking and carburetion masks;

e. Roach clips;

f. Separation gins designed for use or intended for use in cleaning marijuana;

g. Cocaine spoons and vials;

h. Chamber pipes;

i. Carburetor pipes;

j. Electric pipes;

k. Air-driven pipes;

l. Chillums;

m. Bongs; and

n. Ice pipes or chillers.

2. "Device, contrivance, instrument or paraphernalia" also includes literature, posters or wearing apparel displaying a method of using, growing, manufacturing or consuming controlled substances as defined in the California Health and Safety Code.

D. "Display" means to show or to have available for viewing.

E. "Sell" means to transfer possession of, for a consideration or gratuity.

(Ord. 32 § 1(B), 1980)

A. No owner, manager or proprietor or other person in charge of any room in any place of business selling or displaying for the purpose of sale any device, contrivance or instrument or paraphernalia for smoking or injecting, or consuming marijuana, hashish, PCP or any controlled substance, shall allow or permit any person under the age of eighteen years to be, remain in, enter or visit such room unless such minor is accompanied by one of his or her parents, or by his or her legal guardian.

B. This section and chapter shall not apply to a licensed pharmacist dispensing properly prescribed drugs, otherwise legal, and selling and advertising devices for the consumption of those prescribed drugs.

(Ord. 32 § 1(C), 1980)

A person under the age of eighteen years shall not be in, remain in, enter or visit any room in any place used for the sale, advertising or displaying for sale of devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP or any controlled substance, unless such person is accompanied by one of his or her parents, or his or her legal guardian.

(Ord. 32 § 1(D), 1980)

A person shall not maintain in any place or business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP or any controlled substance, unless within a separate room or enclosure, and such separate room or enclosure shall not be visible from outside that room or enclosure to which minors not accompanied by a parent or legal guardian are excluded.

(Ord. 32 § 1(E), 1980)

Violation of this chapter is a misdemeanor and shall be punishable as provided in Chapter 1.16 of this code. The distribution or possession for the purpose of sale, exhibition or display in any place of business from which minors are not excluded as set forth in this chapter, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP or any controlled substance, is declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the state. This remedy is in addition to any other remedy provided by law, including the misdemeanor penalty provisions applicable for violation of provisions of this chapter.

(Ord. 32 § 1(f), 1980)