Chapter 5.80 — DRUG PARAPHERNALIA

(A) As used in this chapter, DRUG PARAPHERNALIA means all equipment, products and materials of any kind which are 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 substances. DRUG PARAPHERNALIA includes, but is not limited to, all of the following: (1) 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; (2) Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance; (3) Isomerization devices intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or

purity of controlled substances; (5) Scales and balances intended for use or designed for use in weighing or measuring controlled substances; (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, intended for use or designed for use in cutting controlled substances; (7) Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (8) Blenders, bowls, containers, spoons and mixing devices intended for use or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes and other containers intended for use or designed for use in packaging small quantities of controlled substances; (10) Containers and other objects intended for use or designed for use in storing or concealing controlled substances; (11) Hypodermic syringes, needles and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body; and (12) 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 or 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) Air-driven pipes; (k) Chillums; (l) Bongs; and (m) Ice pipes and chillers. (B) 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: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) 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 substances; (3) 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 this section. The innocence of any owner, or of anyone in control of the object, as to direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia; (4) Instructions, oral or written, provided with the object concerning its use; (5) Descriptive materials, accompanying the object which explains or depicts its use; (6) National and local advertising concerning its use; (7) The manner in which the object is displayed for sale; (8) 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 of dealer of tobacco products; (9) The existence and scope of legitimate uses for the object in the community; and (10) Expert testimony concerning its use. (1995 Code, § 5.80.010) § 5 80 020 Sale or display of drug paraphernalia prohibited

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. (1995 Code, § 5.80.020)

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 § 5.80.010(A)(11) upon the prescription of a physician, dentist, podiatrist or veterinarian; (B) Any physician, dentist, podiatrist or veterinarian who furnished or prescribes drug paraphernalia described in § 5.80.010(A)(11) to his or her patients; and/or (C) Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described in § 5.80.010(A)(11). (1995 Code, § 5.80.030)

It is unlawful and constitutes an infraction for any person to violate or fail to comply with the provisions of this chapter. Any person convicted of an infraction under the provisions of this chapter shall be punishable as set forth in § 1.12.010 of this code. (1995 Code, § 5.80.040)

Conviction of a violation of § 5.80.020 of this chapter shall constitute grounds for revocation of any business license issued by the city for the premises on which the violation took place. (1995 Code, § 5.80.050)