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House File 2421

Partial Bill History

Bill Text

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
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