13-3415
13-3415. Possession, manufacture, delivery and A. It is unlawful for any person to use, or to possess with intent to use, drug B. It is unlawful for any person to deliver, possess with intent to deliver or C. It is unlawful for a person to place in a newspaper, magazine, handbill or other D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this E. In determining whether an object is drug paraphernalia, a court or other 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, 3. The proximity of the object, in time and space, to a direct violation of this 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 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 12. Direct or circumstantial evidence of the ratio of sales of the object to the 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 (a) Kits used, intended for use or designed for use in planting, propagating, (b) Kits used, intended for use or designed for use in manufacturing, compounding, (c) Isomerization devices used, intended for use or designed for use in increasing (d) Testing equipment used, intended for use or designed for use in identifying or (e) Scales and balances used, intended for use or designed for use in weighing or (f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, (g) Separation gins and sifters used, intended for use or designed for use in (h) Blenders, bowls, containers, spoons and mixing devices used, intended for use (i) Capsules, balloons, envelopes and other containers used, intended for use or (j) Containers and other objects used, intended for use or designed for use in (k) Hypodermic syringes, needles and other objects used, intended for use or (l) Objects used, intended for use or designed for use in ingesting, inhaling or (i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without (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 (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. |
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