State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-113_21

§ 90‑113.21. General provisions.

(a)        As used in this Article, "drug paraphernalia"means all equipment, products and materials of any kind that are used tofacilitate, or intended or designed to facilitate, violations of the ControlledSubstances Act, including planting, propagating, cultivating, growing,harvesting, manufacturing, compounding, converting, producing, processing,preparing, testing, analyzing, packaging, repackaging, storing, containing, andconcealing controlled substances and injecting, ingesting, inhaling, orotherwise introducing controlled substances into the human body. "Drugparaphernalia" includes, but is not limited to, the following:

(1)        Kits for planting, propagating, cultivating, growing, orharvesting any species of plant which is a controlled substance or from which acontrolled substance can be derived;

(2)        Kits for manufacturing, compounding, converting, producing,processing, or preparing controlled substances;

(3)        Isomerization devices for increasing the potency of anyspecies of plant which is a controlled substance;

(4)        Testing equipment for identifying, or analyzing thestrength, effectiveness, or purity of controlled substances;

(5)        Scales and balances for weighing or measuring controlledsubstances;

(6)        Diluents and adulterants, such as quinine, hydrochloride,mannitol, mannite, dextrose, and lactose for mixing with controlled substances;

(7)        Separation gins and sifters for removing twigs and seedsfrom, or otherwise cleaning or refining, marijuana;

(8)        Blenders, bowls, containers, spoons, and mixing devices forcompounding controlled substances;

(9)        Capsules, balloons, envelopes and other containers forpackaging small quantities of controlled substances;

(10)      Containers and other objects for storing or concealingcontrolled substances;

(11)      Hypodermic syringes, needles, and other objects forparenterally injecting controlled substances into the body;

(12)      Objects for ingesting, inhaling, or otherwise introducingmarijuana, cocaine, hashish, or hashish oil into the body, such as:

a.         Metal, wooden, acrylic, glass, stone, plastic, or ceramicpipes with or without screens, permanent screens, hashish heads, or puncturedmetal bowls;

b.         Water pipes;

c.         Carburetion tubes and devices;

d.         Smoking and carburetion masks;

e.         Objects, commonly called roach clips, for holding burningmaterial, such as a marijuana cigarette, that has become too small or too shortto 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.

(b)        The following, along with all other relevant evidence, maybe considered in determining whether an object is drug paraphernalia:

(1)        Statements by the owner or anyone in control of the objectconcerning its use;

(2)        Prior convictions of the owner or other person in controlof  the object for violations of controlled substances law;

(3)        The proximity of the object to a violation of theControlled  Substances Act;

(4)        The proximity of the object to a controlled substance;

(5)        The existence of any residue of a controlled substance onthe object;

(6)        The proximity of the object to other drug paraphernalia;

(7)        Instructions provided with the object concerning its use;

(8)        Descriptive materials accompanying the object explaining ordepicting its use;

(9)        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 sellerof tobacco products or agricultural supplies;

(12)      Possible legitimate uses of the object in the community;

(13)      Expert testimony concerning its use;

(14)      The intent of the owner or other person in control of theobject to deliver it to persons whom he knows or reasonably should know intendto use the object to facilitate violations of the Controlled Substances Act. (1981, c. 500, s. 1.)