13-3415

13-3415. Possession, manufacture, delivery and
advertisement of drug paraphernalia; definitions; violation;
classification; civil forfeiture; factors

A. It is unlawful for any person to use, or to possess with intent to use, drug
paraphernalia 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 drug in violation of
this chapter. Any person who violates this subsection is guilty of a class 6 felony.

B. It is unlawful for any person to deliver, possess with intent to deliver or
manufacture with intent to deliver 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 drug in violation of this chapter. Any person who violates this
subsection is guilty of a class 6 felony.

C. It is unlawful for a person to place in a newspaper, magazine, handbill or other
publication any advertisement knowing, or under circumstances where one reasonably should
know, that the purpose of the advertisement, in whole or in part, is to promote the sale
of objects designed or intended for use as drug paraphernalia. Any person who violates
this subsection is guilty of a class 6 felony.

D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this
title. The failure to charge or acquittal of an owner or anyone in control of drug
paraphernalia in violation of this chapter does not prevent a finding that the object is
intended for use or designed for use as drug paraphernalia.

E. In determining whether an object is drug paraphernalia, a court or other
authority shall 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 drug.

3. The proximity of the object, in time and space, to a direct violation of this
chapter.

4. The proximity of the object to drugs.

5. The existence of any residue of drugs 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 he knows, or should reasonably know,
intend to use the object to facilitate a violation of this chapter.

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 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.

F. In this section, unless the context otherwise requires:

1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.

2. "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
drug in violation of this chapter. It includes:

(a) Kits used, intended for use or designed for use in planting, propagating,
cultivating, growing or harvesting any species of plant which is a drug or from which a
drug can be derived.

(b) Kits used, intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing drugs.

(c) Isomerization devices used, intended for use or designed for use in increasing
the potency of any species of plant which is a drug.

(d) Testing equipment used, intended for use or designed for use in identifying or
analyzing the strength, effectiveness or purity of drugs.

(e) Scales and balances used, intended for use or designed for use in weighing or
measuring drugs.

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use or designed for use in cutting drugs.

(g) 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.

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use
or designed for use in compounding drugs.

(i) Capsules, balloons, envelopes and other containers used, intended for use or
designed for use in packaging small quantities of drugs.

(j) Containers and other objects used, intended for use or designed for use in
storing or concealing drugs.

(k) Hypodermic syringes, needles and other objects used, intended for use or
designed for use in parenterally injecting drugs into the human body.

(l) Objects used, intended for use or designed for use in ingesting, inhaling or
otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish
oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without
screens, permanent screens, hashish heads or punctured metal bowls.

(ii) Water pipes.

(iii) Carburetion tubes and devices.

(iv) Smoking and carburetion masks.

(v) 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.

(vi) Miniature cocaine spoons and cocaine vials.

(vii) Chamber pipes.

(viii) Carburetor pipes.

(ix) Electric pipes.

(x) Air-driven pipes.

(xi) Chillums.

(xii) Bongs.

(xiii) Ice pipes or chillers.