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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