Rocklin Municipal Code Ch. 9.08 Drug Paraphernalia Sale and Display

A. The purpose of this chapter is to discourage the illegal use of controlled substances that create serious social, medical and law enforcement problems within the city.

B. The permitted display of drug paraphernalia in retail stores and the distribution of such paraphernalia symbolizes a public tolerance that intensifies and compounds the problem of the illegal use of controlled substances within our community.

Therefore, this chapter is directed towards the public display and sales of paraphernalia intended for use with illicit controlled substances.

(Ord. 436 § 1, 1980).

A. A ban only upon the display and distribution of drug paraphernalia to persons under eighteen years of age would not be practical. The person who displays or distributes such matter would have difficulty determining who could lawfully view or receive drug paraphernalia. The police department would be subjected to an intolerable enforcement burden by adding age as an element of a prohibition upon display and distribution. A significant number of high school students are eighteen years of age or older. With an age-related prohibition, 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.

This chapter is necessary in order to discourage the illegal use of controlled substances within the city.

(Ord. 444 § 1, 1981: Ord. 436 § 1A, 1980).

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.

B. "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 those sections now exist or may hereafter be amended.

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

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.

E. 1.

"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:

a. 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;

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

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

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

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

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

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

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

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

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

k. Objects intended for use in injecting, 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 material, such as a marijuana 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. Air-driven pipes;

10. Bongs.

11. In determining wither 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. The proximity of the object to controlled substances;

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

d. Direct or circumstantial evidence of the intent of the 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;

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

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

g. National and local advertising concerning its use;

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

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

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

k. Expert testimony concerning its use.

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

(Ord. 436 § 2, 1980).

A. Except as authorized by law, it is unlawful for any person to wilfully maintain or operate any business with knowledge that drug paraphernalia is displayed at such business.

B. Except as authorized by law, it is unlawful for any person who is the owner of a business, an employee thereof or who works at such business as an agent of the owner, to wilfully display drug paraphernalia at such business.

(Ord. 436 § 3, 1980).

Except as authorized by law, it is unlawful for any person to wilfully distribute to another person drug paraphernalia, knowing 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.

(Ord. 436 § 4, 1980).

No provision of this chapter directly or indirectly authorizes any act which is otherwise prohibited by any law of the state or requires any act which is otherwise prohibited by any law of the state, nor does any provision of this chapter directly or indirectly prohibit any act or acts which are prohibited by any law of the state.

(Ord. 436 § 5, 1980).

A. Any person who violates any provision of this chapter is guilty of an infraction and upon conviction, is punishable by:

1. A fine not exceeding fifty dollars for a first violation;

2. A fine not exceeding one hundred dollars for a second violation of this chapter within one year;

3. A fine not exceeding two hundred fifty dollars for each additional violation of this chapter within one year.

B. A person who violates the provisions of Section 9.08.040 is guilty of a separate offense for each day, or portion thereof, during which the violation continues.

C. A person who violates the provisions of Section 9.08.050 is guilty of a separate offense for each item of drug paraphernalia which is distributed.

(Ord. 436 § 7, 1980).

As an additional remedy, a violation of this chapter which threatens to be continuing in nature is a public nuisance and may be abated summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. 436 § 8, 1980).