San Mateo Municipal Code Ch. 7.18 Sale of Drug Paraphernalia to Minors

The sale of drugs and narcotics paraphernalia in business establishments, open to the public and frequented by minors, tends to induce acquisition and use by minors for smoking, injecting or consumption of controlled substances. Possession and use of controlled substances are prohibited or limited by the Controlled Substances Act, California Health and Safety Code Sections 11000 et seq. It is the intent and purpose of this chapter to prohibit the sale of such devices to minors, and thereby, curb the use of illicit and harmful drugs and narcotics by minors in the interests of their mental and physical health.

No owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any opium pipe, device, contrivance, instrument or paraphernalia for smoking, injecting, or consuming any controlled substance, as specified in the California Health and Safety Code, other than prescription drugs and devices to ingest or inject prescription drugs, shall offer to sell, sell, or give to any person under the age of 18 years such paraphernalia.

A person under the age of 18 years shall not buy, offer to buy or accept as a gift any opium pipe, device, contrivance, instrument or paraphernalia for unlawfully smoking or injecting or consuming any controlled substance, prohibited under the Controlled Substances Act, other than devices to inject or inject prescription drugs.

Each owner, manager, proprietor or other person in charge of any room in any place of business selling or displaying for the purpose of sale, any opium pipe, device, contrivance, instrument or paraphernalia for smoking, injecting or consuming any controlled substance as specified in the California Health and Safety Code, shall prominently display a sign therein, in readily visible and legible words, to the effect that offering to sell, to sell, or give to any person under the age of 18 years any such paraphernalia is prohibited. Such sign shall cite this chapter of the code as the basis for the prohibition.

The violation of any of the provisions of this chapter is declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the California Code of Civil Procedure. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this code.