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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