Text: HF02420 Text: HF02422 Text: HF02400 - HF02499 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 1 24 illegally used for or designed for intended illegal use in 1 25 parenterally injecting a controlled substance into the human 1 26 body. 1 27 e. Items used for or designed for intended use in 1 28 ingesting, inhaling, or otherwise introducing marijuana, 1 29 cocaine, hashish, or hashish oil into the human body which 1 30 includes the following: 1 31 (1) Any pipe with or without a screen and any air-driven, 1 32 carburetor, chamber, electronic, water, or ice pipe or 1 33 chiller. 1 34 (2) Bongs. 1 35 (3) Cans. 2 1 (4) Carburetion tubes and devices. 2 2 (5) Chillumes. 2 3 (6) Cocaine vials. 2 4 (7) Miniature cocaine spoons. 2 5 (8) Punctured metal bowls. 2 6 (9) Roach clips or objects used to hold burning material 2 7 which has become too small to hold in the hand. 2 8 (10) Smoking or carburetion masks. 2 9 f. Isomerization devices peculiar to and marketed for use 2 10 or designed for intended use in increasing the potency of any 2 11 species of plant which is cannabis or a controlled substance. 2 12 g. Processing kits used for or designed for intended use 2 13 in manufacturing, compounding, converting, producing, 2 14 processing, or preparing a controlled substance. 2 15 h. Scales used for or designed for intended use in 2 16 weighing or measuring a controlled substance. 2 17 i. Separation gins and sifters used for or designed for 2 18 intended use in removing twigs and seeds from or cleaning or 2 19 refining marijuana. 2 20 j. Storage containers used for or designed for intended 2 21 use in storing or concealing a controlled substance. 2 22 2. It is unlawful to sell, give, use, or possess drug 2 23 paraphernalia. A person who violates this section commits a 2 24 simple misdemeanor. 2 25 3. This section does not apply to the following: 2 26 a. A person who sells, gives, uses, or possesses drug 2 27 paraphernalia which is used or intended to be used in 2 28 combination with the lawful use of a controlled substance or 2 29 used or intended to be used for any other lawful purpose. 2 30 b. A person who possesses drug paraphernalia for use as 2 31 evidence. 2 32 c. Objects that are marketed for use in the preparation, 2 33 compounding, packaging, labeling, or use of cannabis or other 2 34 controlled substances as an incident to lawful research, 2 35 education, teaching, or chemical analysis. 3 1 d. Objects that are marketed for, or historically and 3 2 customarily used in connection with, the planting, 3 3 propagating, cultivating, growing, harvesting, manufacturing, 3 4 compounding, converting, producing, processing, preparing, 3 5 testing, analyzing, packaging, repackaging, storing, 3 6 containing, concealing, injecting, ingesting, or inhaling of 3 7 tobacco or any other lawful substance. 3 8 e. Objects which have been rendered completely inoperable 3 9 or incapable of being used as drug paraphernalia. 3 10 4. In determining whether an object is drug paraphernalia, 3 11 the trier of fact may consider but is not limited to the 3 12 following: 3 13 (1) The proximity of the object in time and space to a 3 14 violation of chapter 124, 124A, 124B, or 453B. 3 15 (2) The existence of any residue of a controlled 3 16 substance. 3 17 (3) Instructions both oral or written that are provided 3 18 with the object concerning the use of the object. 3 19 (4) Descriptive materials accompanying the object which 3 20 explain or depict the use of the object. 3 21 (5) Advertising concerning the use of the object. 3 22 (6) The manner in which the object is displayed for sale. 3 23 (7) Whether the owner or person in possession of the 3 24 object is a legitimate supplier of similar or related items or 3 25 can lawfully sell tobacco products. 3 26 (8) The ratio of sales of the object to the total sales of 3 27 the business enterprise. 3 28 (9) The existence of a legitimate use of the object in the 3 29 community. 3 30 HF 2421 3 31 jm/jg/25
Text: HF02420 Text: HF02422 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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