Text: HF02129 Text: HF02131 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 124.414 DRUG PARAPHERNALIA. 1 2 As used in this section, "drug paraphernalia" means all 1 3 equipment, products, and materials of any kind which are used, 1 4 intended for use, or designed for use, in growing, harvesting, 1 5 compounding, converting, producing, processing, preparing, 1 6 analyzing, packaging, repackaging, storing, concealing, 1 7 containing, injecting, ingesting, inhaling, or otherwise 1 8 introducing into the human body a controlled substance. 1 9 1. "Drug paraphernalia" includes but is not limited to the 1 10 following objects: 1 11 a. Containers used as capsules, balloons, envelopes, and 1 12 other containers used for or designed for intended use in 1 13 packaging small quantities of a controlled substance. 1 14 b. Dilutents and adulterants such as quinine 1 15 hydrochloride, mannitol, mannite, dextrose, and lactose, used 1 16 for or designed for intended use in cutting a controlled 1 17 substance. 1 18 c. Growing kits such as kits used for or designed for 1 19 intended use in planting, propagating, cultivating, growing, 1 20 or harvesting of any species of plant which is a controlled 1 21 substance, or from which a controlled substance can be 1 22 derived. 1 23 d. Hypodermic syringes, needles, and other objects used 1 24 for or designed for intended use in parenterally injecting a 1 25 controlled substance into the human body. 1 26 e. Items used for or designed for intended use in 1 27 ingesting, inhaling, or otherwise introducing marijuana, 1 28 cocaine, hashish, or hashish oil into the human body which 1 29 includes the following: 1 30 (1) Any pipe with or without a screen and any air-driven, 1 31 carburetor, chamber, electronic, water, or ice pipe or 1 32 chiller. 1 33 (2) Bongs. 1 34 (3) Cans. 1 35 (4) Carburetion tubes and devices. 2 1 (5) Chillumes. 2 2 (6) Cocaine vials. 2 3 (7) Miniature cocaine spoons. 2 4 (8) Punctured metal bowls. 2 5 (9) Roach clips or objects used to hold burning material 2 6 which has become too small to hold in the hand. 2 7 (10) Smoking or carburetion masks. 2 8 f. Isomerization devices peculiar to and marketed for use 2 9 or designed for intended use in increasing the potency of any 2 10 species of plant which is cannabis or a controlled substance. 2 11 g. Processing kits used for or designed for intended use 2 12 in manufacturing, compounding, converting, producing, 2 13 processing, or preparing a controlled substance. 2 14 h. Scales used for or designed for intended use in 2 15 weighing or measuring a controlled substance. 2 16 i. Separation gins and sifters used for or designed for 2 17 intended use in removing twigs and seeds from or cleaning or 2 18 refining marijuana. 2 19 j. Storage containers used for or designed for intended 2 20 use in storing or concealing a controlled substance. 2 21 2. It is unlawful to sell, give, use, or possess drug 2 22 paraphernalia. A person who violates this section commits a 2 23 simple misdemeanor. 2 24 3. This section does not apply to the following: 2 25 a. A person who sells, gives, uses, or possesses drug 2 26 paraphernalia which is used or intended to be used in 2 27 combination with the lawful use of a controlled substance. 2 28 b. Objects that are marketed for use in the preparation, 2 29 compounding, packaging, labeling, or use of cannabis or other 2 30 controlled substances as an incident to lawful research, 2 31 teaching, or chemical analysis. 2 32 c. Objects that are marketed for, or historically and 2 33 customarily used in connection with, the planting, 2 34 propagating, cultivating, growing, harvesting, manufacturing, 2 35 compounding, converting, producing, processing, preparing, 3 1 testing, analyzing, packaging, repackaging, storing, 3 2 containing, concealing, injecting, ingesting, or inhaling of 3 3 tobacco or any other lawful substance. 3 4 d. Objects which have been rendered completely inoperable 3 5 or incapable of being used as drug paraphernalia. 3 6 4. In determining whether an object is drug paraphernalia, 3 7 the trier of fact may consider but is not limited to the 3 8 following: 3 9 (1) The proximity of the object in time and space to a 3 10 violation of chapter 124, 124A, 124B, or 453B. 3 11 (2) The existence of any residue of a controlled 3 12 substance. 3 13 (3) Instructions both oral or written that are provided 3 14 with the object concerning the use of the object. 3 15 (4) Descriptive materials accompanying the object which 3 16 explain or depict the use of the object. 3 17 (5) Advertising concerning the use of the object. 3 18 (6) The manner in which the object is displayed for sale. 3 19 (7) Whether the owner or person in possession of the 3 20 object is a legitimate supplier of similar or related items or 3 21 can lawfully sell tobacco products. 3 22 (8) The ratio of sales of the object to the total sales of 3 23 the business enterprise. 3 24 (9) The existence of a legitimate use of the object in the 3 25 community. 3 26 EXPLANATION 3 27 This bill creates a new criminal offense related to drug 3 28 paraphernalia. 3 29 The bill provides that a person shall not sell, give, use, 3 30 or possess drug paraphernalia. The bill generally defines 3 31 drug paraphernalia to include any object used, intended for 3 32 use, or designed for use in manufacturing, processing, or 3 33 ingesting a controlled substance. The bill excludes objects 3 34 used in combination with the lawful use of a controlled 3 35 substance. The bill also excludes objects that have 4 1 historically or customarily been used in manufacturing, 4 2 processing, or ingesting a lawful substance. The bill further 4 3 excludes objects that are used in the lawful research or 4 4 testing of a controlled substance and excludes objects that 4 5 are inoperable or incapable of being used in violation of this 4 6 bill. 4 7 The bill provides that in determining whether an object is 4 8 drug paraphernalia, the court or jury if tried before a jury 4 9 may generally consider the proximity of the object to the 4 10 commission of a drug offense, whether residue of a controlled 4 11 substance exists on the object, whether the person in 4 12 possession of the object is a legitimate supplier of related 4 13 objects or is a tobacco products supplier, and whether a 4 14 legitimate use of the object exists in the community. 4 15 A person who commits a violation of this bill commits a 4 16 simple misdemeanor. A simple misdemeanor is punishable by 4 17 confinement for no more than 30 days or a fine of at least $50 4 18 but not more than $500 or by both. 4 19 LSB 5080YH 78 4 20 jm/cls/14
Text: HF02129 Text: HF02131 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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