Ventura Municipal Code Ch. 8.400 Drug Paraphernalia

The city council of the city of San Buenaventura has been aware of and is concerned over the existence of “head shops” and other establishments engaged in the sale of paraphernalia associated with drug use. Recent legal decisions, including a decision of the United States Supreme Court, have indicated that local regulations may be effectively adopted to deal with this situation. The city council finds that such establishments serve to entice young people and others to abuse substances which are known to be harmful and unsafe for human consumption. The council further finds that this situation creates a problem of such proportions within the community as to require further legislation on this subject. For the foregoing reasons, among others, regulation in this area is deemed necessary and desirable in the interest of the public health, safety and general welfare. (Code 1971, § 6250)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Controlled substance” means marijuana, hashish, PCP and any controlled substances as defined in the Controlled Substances Act.

“Controlled Substances Act” means the California Uniform Controlled Substances Act (commencing with Section 11000 of the Health and Safety Code of the state of California).

“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 in violation of the Controlled Substances Act. It includes, but is not limited to:

1. 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 a controlled substance can be derived;

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

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

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

5. Scales and balances used, 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, used, intended for use, or designed for use in cutting controlled substances;

7. 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;

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

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

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

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

12. 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:

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. Electric pipes;

j. Air-driven pipes;

k. Chillums;

l. Bongs;

m. Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a court or other authority should 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 substance;

3. The proximity of the object, in time and space, to a direct violation of the Controlled Substances Act;

4. The proximity of the object to controlled substances;

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

6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of the Controlled Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Controlled Substances Act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

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

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

9. National and local advertising concerning its use;

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

11. 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;

12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

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

14. Expert testimony concerning its use.

Except as otherwise provided in this section, or unless the context otherwise requires, in interpreting or applying the provisions of this chapter, words which are used in this chapter and which are defined in Chapter 1 of the Controlled Substances Act shall have the meaning ascribed to them in Chapter 1 of the Controlled Substances Act. (Code 1971, § 6251)

A. Except as authorized by law, it shall be unlawful for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business.

B. Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner, to willfully display drug paraphernalia at such a business. (Code 1971, § 6252)

Except as authorized by law, it shall be unlawful for any person to willfully distribute to another person drug paraphernalia knowing, or under circumstances where one reasonably should know, 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 of California. (Code 1971, § 6253)

No provision of this chapter shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the state of California or to require any act which is otherwise prohibited by any law of the state of California. No provision of this chapter is intended to or shall be interpreted to, either directly or indirectly, prohibit any act or acts which are prohibited by any law of the state of California. (Code 1971, § 6254)

Any person who violates any provision of this chapter is guilty of an infraction, and, upon conviction, is punishable by (A) a fine not exceeding $50.00 for a first violation; (B) a fine not exceeding $100.00 for a second violation of this chapter within one year; (C) a fine not exceeding $250.00 for each additional violation of this chapter within one year. A person who violates the provisions of Section 8.400.030 shall be deemed to be guilty of a separate offense for each day or portion thereof during which the violation continues. A person who violates the provisions of Section 8.400.040 shall be guilty of a separate offense for each item of drug paraphernalia which is distributed. (Code 1971, § 6255)

The operation or maintenance of any business or establishment contrary to the provisions of this chapter shall be and the same is hereby declared to be a public nuisance which, in addition to or in lieu of criminal proceedings, may be abated, removed or enjoined by appropriate legal action brought by the city attorney. (Code 1971, § 6256)

If any section, sentence, clause, phrase or provision of this chapter, or the application thereof to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions or provisions of this chapter or their applicability to distinguishable situations or circumstances. In enacting this chapter, it is the desire of the council to regulate validly to the full measure of its legal authority in the public interest, and, to that end, the council would have adopted this chapter and each section, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases or portions thereof might be invalid, in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this chapter are intended to be severable. (Code 1971, § 6257)