Mendocino County Municipal Code Ch. 6.24 Prohibiting the Distribution and Display of Drug Paraphernalia

The illegal use of controlled substances within the unincorporated area of Mendocino County creates serious social, medical and law enforcement problems. The illegal use of such substances by persons under 18 years of age has reached crisis dimensions. It is causing serious physical and psychological damage to the youth of this community, an impairment of educational achievement and of the efficiency of the educational system, increases in non-drug related crime, and a threat to the ability of the community to ensure future generations of responsible and productive adults — all to the detriment of the health, safety and welfare of the citizens of Mendocino County.

(Ord. No. 3375, adopted 1982.)

The proliferation of the display of drug paraphernalia in retail stores within the unincorporated area, and the distribution of such paraphernalia, intensifies and otherwise compounds the problem of illegal use of controlled substances within this community.

(Ord. No. 3375, adopted 1982.)

A ban only upon the display and distribution of drug paraphernalia to persons under 18 years of age would not be practical. The person who displays or distributes would have difficulty determining who could lawfully view or receive drug paraphernalia. The already thin staffed law enforcement agencies would be subjected to intolerable added enforcement burdens by adding age of a person who view or receives paraphernalia as an element of a prohibition upon display and distribution. A significant number of high school students are 18 years of age or older. It would be lawful to distribute paraphernalia to some students attending the same school in which the distribution to other students would be prohibited. Permitted display and distribution to adults within the community would symbolize a public tolerance of illegal drug use, making it difficult to explain the rationale of programs directed against similar abuse by youth. The problem of illegal consumption of controlled substances by adults within this community is significant and substantial, necessitating a cessation of the encouragement to drug abuse which the display and distribution of drug paraphernalia create.

(Ord. No. 3375, adopted 1982.)

This chapter is a measure which is necessary in order to discourage the illegal use of controlled substances within the unincorporated area of Mendocino County.

(Ord. No. 3375, adopted 1982.)

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.

(Ord. No. 3375, adopted 1982.)

(b) "Display" means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.

(Ord. No. 3375, adopted 1982.)

(c) "Patron" means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at a business.

(Ord. No. 3375, adopted 1982.)

(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.

(Ord. No. 3375, adopted 1982.)

(e) "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.

(Ord. No. 3375, adopted 1982.)

(f) "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 planting, propagating, cultivating, growing, harvesting, 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 of California. "Drug paraphernalia" includes, but is not limited to, all of the following:

(Ord. No. 3375, adopted 1982.)

(1) Kits intended 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;

(Ord. No. 3375, adopted 1982.)

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

(Ord. No. 3375, adopted 1982.)

(3) Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;

(Ord. No. 3375, adopted 1982.)

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

(Ord. No. 3375, adopted 1982.)

(5) Scales and balances intended for use in weighing or measuring controlled substances;

(Ord. No. 3375, adopted 1982.)

(6) Dilutants and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, intended for use in cutting controlled substances;

(Ord. No. 3375, adopted 1982.)

(7) Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(Ord. No. 3375, adopted 1982.)

(8) Blenders, bowls, containers, spoons and mixing devices intended for use in compounding controlled substances;

(Ord. No. 3375, adopted 1982.)

(9) Containers and other objects intended for use in storing or concealing controlled substances; and

(Ord. No. 3375, adopted 1982.)

(10) Objects intended for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(Ord. No. 3375, adopted 1982.)

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

(Ord. No. 3375, adopted 1982.)

(b) Water pipes;

(Ord. No. 3375, adopted 1982.)

(c) Carburetion tubes and devices;

(Ord. No. 3375, adopted 1982.)

(d) Smoking and carburetion masks;

(Ord. No. 3375, adopted 1982.)

(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;

(Ord. No. 3375, adopted 1982.)

(f) Miniature cocaine spoons, and cocaine vials;

(Ord. No. 3375, adopted 1982.)

(g) Chamber pipes;

(Ord. No. 3375, adopted 1982.)

(h) Carburetor pipes;

(Ord. No. 3375, adopted 1982.)

(i) Air-driven pipes;

(Ord. No. 3375, adopted 1982.)

(j) Bongs.

(Ord. No. 3375, adopted 1982.)

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:

(Ord. No. 3375, adopted 1982.)

1. Statements by an owner or by anyone in control of the object concerning its use;

(Ord. No. 3375, adopted 1982.)

2. The proximity of the object to controlled substances;

(Ord. No. 3375, adopted 1982.)

3. The existence of any residue of controlled substances on the object;

(Ord. No. 3375, adopted 1982.)

4. 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 of California relating to controlled substances;

(Ord. No. 3375, adopted 1982.)

5. Instructions, oral or written, provided with the object concerning its use;

(Ord. No. 3375, adopted 1982.)

6. Descriptive material accompanying the object which explain or depict its use;

(Ord. No. 3375, adopted 1982.)

7. National and local advertising concerning its use;

(Ord. No. 3375, adopted 1982.)

8. The manner in which the object is displayed for sale;

(Ord. No. 3375, adopted 1982.)

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

(Ord. No. 3375, adopted 1982.)

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

(Ord. No. 3375, adopted 1982.)

11. Expert testimony concerning its use.

(Ord. No. 3375, adopted 1982.)

(g) "Person" means a natural person or any firm, partnership, association, corporation or cooperative association.

(Ord. No. 3375, adopted 1982.)

(a) Except as authorized by law, it shall be unlawful for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business.

(Ord. No. 3375, adopted 1982.)

(b) Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner, to willfully display drug paraphernalia at such business.

(Ord. No. 3375, adopted 1982.)

Except as authorized by law, it shall be unlawful for any person to wilfully distribute to another person 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 any law of the State of California.

(Ord. No. 3375, adopted 1982.)

Any person who violates any of the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the Mendocino County jail for a term not exceeding (6) months, or by a fine not exceeding Five Hundred Dollars ($500.00) or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted and shall be punishable therefor as provided by this Chapter.

(Ord. No. 3375, adopted 1982.)