Chapter 10.39

IMITATION DRUG PARAPHERNALIA

Sections:

T10:36

PUBLIC PEACE, MORALS AND WELFARE

§ 10.42.020

• A. No person shall market for sale, import, possess for the purpose of sale or resale, offer for sale, distribute or sell any imitation drug paraphernalia to persons under eighteen years of age, except as permitted by Section 10.39.120.

• B. In addition to subsection 10.39.100 A. above, no person shall manufacture, market for sale, import, possess for the purpose of sale or resale, offer for sale, distribute or sell to persons of any age any imitation hypodermic syringe, except as permitted by Section 10.39.120.

• (Ord. 24280.)

• A. For purposes of this chapter, "imitation drug paraphernalia" means any object fabricated, constructed, packaged or marketed to resemble an object generally associated with illegal drug use including, but not specifically limited to, imitation hypodermic syringes.

• B. For purposes of this chapter, an "imitation hypodermic syringe" is any imitation drug paraphernalia that resembles a hypodermic syringe and from which any object resembling a needle including, but not specifically limited to, a rod of lead, graphite or other similar substance or an encasing containing ink or other similar fluid, protrudes.

• (Ord. 24280.)

• A. This chapter shall not apply (i) to imitation drug paraphernalia that are used solely for lawful medical, educational or theatrical purposes, or (ii) to any object that resembles a hypodermic syringe but from which no object resembling a needle protrudes.

• B. The manufacture, marketing, importation, possession, commercial distribution and sale of imitation hypodermic syringes shall be permit-

ted only where such items are manufactured, marketed, imported, possessed, distributed or sold solely for subsequent transportation in intrastate, interstate or foreign commerce outside the City of San José.

• (Ord. 24280.)