Chapter 9.12 — DISPLAY AND SALE OF DRUG PARAPHERNALIA

No person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless such drug paraphernalia are completely and wholly kept, displayed or offered within a separate room or enclosure to which persons under the age of eighteen not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be signposted in reasonably visible and legible words to the effect that drug paraphernalia are kept, displayed or offered in such room or enclosure and that minors, unless accompanied by parent or legal guardian, are excluded.

(Ord. 234 § 2, 1980)

No owner, manager, proprietor or other person in charge of any room or enclosure, within any place of business, in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away, shall permit or allow any person under the age of eighteen years to enter, be in, remain in or visit such room or enclosure unless such minor is accompanied by one of his or her parents, or by his or her legal guardian. (Ord. 234 § 2, 1980)

No person under the age of eighteen years shall enter, be in, remain in or visit any room or enclosure in any place of business in which drug paraphernalia are kept, displayed or offered in any manner, sold, furnished, transferred or given away unless accompanied by one of his or her parents or by his or her legal guardian.

(Ord. 234 § 2, 1980)

No person who maintains or operates any place of business in which drug paraphernalia is kept, displayed or offered in any manner shall sell, furnish, transfer or give any drug paraphernalia to any person under the age of eighteen years. (Ord. 234 § 2, 1980)

As used in this chapter, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, 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. "Drug paraphernalia" includes, but is not limited to, all of the following:

• A. Kits used, 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

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City of Palm Desert, CA § 9.12.050

PALM DESERT CODE

§ 9.12.050

a controlled substance can be derived;

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

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

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

• E. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

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

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

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

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

• J. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

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

• L. Objects used, 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:

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

  2. Water pipes,

  3. Carburetion tubes and devices,

  4. Smoking and carburetion masks,

  5. Roach clips, meaning objects used to hold burning materials, such as a cigarette that has become too small or too short to be held in the hand,

  6. Miniature cocaine spoons, and cocaine vials,

  7. Chamber pipes,

  8. Carburetor pipes,

9. Electric pipes,

   10. Air-driven pipes,

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City of Palm Desert, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.12.050

§ 9.12.070

11. Chillums,

12. Bongs,

13. Ice pipes or chillers.

(Ord. 234 § 2, 1980)

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 any owner, or any one in control of the object, under any state or federal law relating to any controlled substance;

• C. The proximity of the object, in time and space, to a direct violation of this chapter;

• D. The proximity of the object to controlled substances;

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

• F. 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 or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

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

• H. Descriptive materials, accompanying the object which explain or depict its use;

• I. National and local advertising concerning its use;

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

• K. 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;

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

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

• N. Expert testimony concerning its use.

• (Ord. 234 § 2, 1980)

This chapter shall not apply to any of the following:

• A. Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in Section 9.12.050 upon the prescription of a physician, dentist, podiatrist or veterinarian;

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City of Palm Desert, CA

PALM DESERT CODE

§ 9.12.070

§ 9.12.090

• B. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia as described in Section 9.12.050 to his or her patients;

• C. Any manufacturer, wholesaler or retailer licensed by the board of pharmacy to sell or transfer drug paraphernalia described in Section 9.12.050.

• (Ord. 234 § 2, 1980)

Violation of this chapter is a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months or by both such fine and imprisonment.

(Ord. 234 § 2, 1980)

The distribution or possession for the purpose of sale, the exhibition, or the display of any drug paraphernalia as defined in Section 9.12.050 in any place of business from which minors are not excluded as set forth in this chapter 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 of California. This remedy is in addition to any other remedy provided by law, including, but not limited to, the misdemeanor penalty provisions applicable for violation of the terms and provisions of this chapter.

(Ord. 234 § 2, 1980)

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City of Palm Desert, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.20.010

§ 9.20.040