Modesto Municipal Code Art. 5 Sale of Drug Paraphernalia

A violation of any provision of this article shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this article specifically make such violation a misdemeanor.

(Added by Ord. 2012-C.S., § 1, effective 3-12-81)

As used in this article, the term "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, as defined in the Health and Safety Code of the State of California. "Drug paraphernalia" includes but is not limited to all of the following:

(1) Kits 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 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, minnite, 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 or any controlled substance.

(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 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 or any controlled substance 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) 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, such objects being commonly known and referred to as "roach clips."

(f) 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.

(Added by Ord. 2012-C.S., § 1, effective 3-12-81)

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 knows, or should reasonably know, intend to use the object to facilitate a violation of this article. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article 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.

(Added by Ord. 2012-C.S., § 1, effective 3-12-81)

This article shall not apply to the following persons:

(1) A licensed pharmacist or other person authorized by law who sells or furnishes drug paraphernalia described in paragraph (11) of Section 4-7.501 upon the prescription of a physician, dentist or veterinarian.

(2) Any physician, dentist or veterinarian who furnishes or prescribes drug paraphernalia described in paragraph (11) of Section 4-7.501 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 Section 4-7.501.

(Added by Ord. 2012-C.S., § 1, effective 3-12-81)

No owner, manager, proprietor or other person in charge of any room or enclosure in any place of business selling, or displaying for the purpose of sale, any drug paraphernalia when such person knows, or reasonably should know, that the drug paraphernalia is for use as such shall allow or permit any person under the age of eighteen (18) years to be in, remain in, enter or visit such room or enclosure unless such minor is accompanied by one of his or her parents or by the minor's legal guardian.

(Added by Ord. 2012-C.S., § 1, effective 3-12-81)

No person under the age of eighteen (18) years shall be in, remain in, enter, or visit any room or enclosure in any place used for the sale, advertising or displaying for sale of any drug paraphernalia, unless such person is accompanied by one of his or her parents, or his or her legal guardian, when such minor knows, or reasonably should know, that the drug paraphernalia is for use as such.

(Added by Ord. 2012-C.S., § 1, effective 3-12-81)

No person shall display for sale, offer to sell, sell or store any drug paraphernalia when such person knows or reasonably should know that the drug paraphernalia is for use as such, except within a separate room or enclosure from which persons under the age of eighteen (18) years are excluded, except when accompanied by a parent or guardian, and from the outside of which room or enclosure the display, storage or sale of drug paraphernalia is not visible.

(Added by Ord. 2012-C.S., § 1, effective 3-12-81)