Moorpark Municipal Code Art. II Drug Paraphernalia Establishments

The board of supervisors has been aware of, and is concerned over, the existence of business establishments in which drug paraphernalia is kept, displayed or distributed. Recent court decisions, including a decision of the United States Supreme Court, have indicated that local communities can regulate or prohibit the sale of drug paraphernalia. The board finds that such establishments serve to entice young people and others to abuse substances which are known to be harmful and unsafe for human consumption. The board further finds that this situation creates a problem of such proportions within the community as to require further legislation on this subject. For the foregoing reasons, among others, regulation in this area is deemed necessary and desirable in the interest of the public health, safety and general welfare.

(Ord. 6 § 9 (part), 1983)

For the purposes of this article, the following words and phrases are defined as follows:

"Controlled substance"

means any controlled substance as defined in the California Uniform Controlled Substances Act, as set forth in California Health and Safety Code Section 11000 et seq.

"Distributed"

means offered in any manner, sold, furnished, transferred or given away.

"Drug paraphernalia"

means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagation, 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:

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;

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

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

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

Scales and balances intended for use or designed for use in weighing or measuring controlled substances;

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

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

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

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

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

Hypodermic syringes, needles and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body;

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:

a.

Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, 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.

(Ord. 6 § 9 (part), 1983)

Except as authorized by law, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or distributed.

(Ord. 6 § 9 (part), 1983)

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:

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. 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 Section 9.08.080 of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of Section 9.08.080, shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

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 legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

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

J. Expert testimony concerning its use.

(Ord. 6 § 9 (part), 1983)

This article shall not apply to any of the following:

A. Any pharmacist or other authorized person who sells or furnishes "drug paraphernalia" described in Section 9.08.070(11) upon the prescription of a physician, dentist, podiatrist or veterinarian;

B. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes "drug paraphernalia" described in Section 9.08.070(11) to his or her patients;

C. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer "drug paraphernalia" described in Section 9.08.070(11).

(Ord. 6 § 9 (part), 1983)

Notwithstanding any other provision of law, a license, permit or other entitlement shall not be issued for the privilege of engaging in a business in which drug paraphernalia is kept, displayed or distributed.

(Ord. 6 § 9 (part), 1983)

Notwithstanding any other provision of law, violation of Section 9.08.080 of this article shall not constitute a criminal offense, but operation of a business in violation of the provisions of Section 9.08.080 shall be grounds for revocation or nonrenewal of any license, permit or other entitlement previously issued 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 keeping, display or distribution of drug paraphernalia.

(Ord. 6 § 9 (part), 1983)