8.08.311 Possession or Sale of Drug Related Paraphernalia. Flashcards
Definition of “Drug Paraphernalia”:
All equipment, products, and materials used or intended for use in various drug-related activities, such as planting, cultivating, manufacturing, testing, packaging, ingesting, inhaling, etc.
Includes kits, testing equipment, scales, containers, injection devices, smoking devices, and more.
(B) Factors to Determine Drug Paraphernalia:
Consider the following factors when determining if an object is drug paraphernalia:
Statements by the owner or anyone in control of the object regarding its use.
Proximity to a direct violation of the Uniform Controlled Dangerous Substances Act.
Proximity to controlled dangerous substances.
The presence of any residue of controlled dangerous substances on the object.
Instructions or accompanying materials indicating drug-related use.
The manner in which the object is displayed for sale.
The legitimacy of the owner or person in control as a supplier of related items.
The existence and scope of legitimate uses for the object in the community.
(C) Unlawful Possession and Use:
It is unlawful for any person, except licensed professionals in certain fields, to use or possess drug paraphernalia for drug-related activities in violation of the Uniform Controlled Dangerous Substances Act.
(D) Unlawful Sale or Delivery:
It is unlawful for any person to deliver, possess, or manufacture drug paraphernalia knowing it will be used for drug-related activities in violation of the Uniform Controlled Dangerous Substances Act.
E) Penalty:
Any person violating the provisions of this section will be guilty of a Class B offense.
Refer to Section 2.56.210 for specific details on the punishment.
Examples of Drug Paraphernalia:
Smoking pipes (metal, wooden, acrylic, glass, etc.).
Water pipes and bongs.
Hypodermic syringes and needles.
Scales and measuring devices.
Roach clips and miniature cocaine spoons.
Capsules and containers for drug packaging.
Exemptions:
Professionals holding valid licenses in podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine, or pharmacy are exempt from the possession or use restrictions.
