§ 15-413. Possession or sale of drug related paraphernalia.
(a)
"Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Oklahoma Uniform Controlled Dangerous Substance Act, Title 63, Oklahoma Statutes, Section 2-101 et seq. It includes but is not limited to:
(1)
Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
(2)
Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
(3)
Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance;
(4)
Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
(5)
Scales and balances used or intended for use in weighing or measuring controlled dangerous substances;
(6)
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances;
(7)
Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8)
Blenders, bowls, containers, spoons and mixing devises used or intended for use in compounding controlled dangerous substances;
(9)
Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances;
(10)
Containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
(11)
Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
(12)
Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a.
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
Roach clips: Meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f.
Miniature cocaine spoons and cocaine vials;
g.
Chamber pipes;
h.
Carburetor pipes;
i.
Electric pipes;
j.
Air-driven pipes;
k.
Chillums;
l.
Bongs;
m.
Ice pipes or chillers.
(b)
Drug paraphernalia—Factors used in determining. In determining whether an object is "drug paraphernalia," consider, in addition to all other logically relevant facts, the follows:
(1)
Statements by an owner or by anyone in control of the object concerning its use;
(2)
The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act (63 O.S. 2-101 et seq.);
(3)
The proximity of the object to controlled dangerous substances;
(4)
The existence of any residue of controlled dangerous substances on the object;
(5)
Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances;
(6)
Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
(7)
The manner in which the object is displayed for sale;
(8)
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(9)
The existence and scope of legitimate uses for the object in the community.
(c)
It shall be unlawful for any person to use or possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (63 O.S. 2-101 et seq.), except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.
(d)
It shall be unlawful for any person to deliver, possess or manufacture drug paraphernalia knowing it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (53 O.S. 2-101 et seq.).
(Ord. No. 0-9900-47; Ord. No. 0-0304-10)