Ordinance # 95-00


Drug Paraphernalia

I. DEFINITIONS:

As used in this ordinance, the following terms should have the meanings indicated:

Drug Paraphernalia: All equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of New Hampshire RSA 318-B. 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 substance of from which is a controlled substance can be derived.

2. Kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

3. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.

4. Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.

5. Scales and balances used or intended for use in weighing or measuring controlled substances.

6. Diluents and adulterants, such as quinine hydrochloride mannitol, dextrose and lactose, used or intended for use in cutting controlled 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 devices used or intended for use in compounding controlled substances.

9. Capsules, balloons, envelopes, and other containers used or intended for use in packaging small quantities of controlled substances.

10. Containers and other objects used or intended for use, or designed, for use in storing or concealing controlled substances.

11. Hypodermic syringes, needles, and other objects used or intended for use in parenterally injected controlled 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: Chamber pipes.

F: Carburetor pipes.

G: Electric pipes.

H: Air driven pipes.

I: Bongs.

J: Ice pipes or chillers.

II. CRITERIA FOR DETERMINING DRUG PARAPHERNALIA:

A: In determining whether an object is drug paraphernalia all relevant factors shall be considered, including but not limited to the following:

1. Statements by an owner or anyone in control of the object concerning its use.

2. Prior convictions, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substances.

3. The proximity of the object in time and space, to a direct violation of RSA 318-B.

4. The proximity of the object to controlled substances.

5. The existence of any residue of controlled substances on the object.

6. Direct or circumstantial evidence of the intent if the owner or of anyone in control of the object to deliver it to persons who they know, or who they should reasonably know, intended to use the object to facilitate a violation of RSA 318-B: the innocence of an owner or of anyone in control of the object as to a direct violation of RSA 318-B should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

7. Instructions, oral or written, provided with the object concerning its use.

8. Descriptive materials accompanying the object concerning its use.

9. National and local advertising concerning its use.

10. The manner in which the object is displayed for sale.

11. The existence and scope of legitimate uses for the object in the community.

12. Expert testimony concerning its use.

III. VIOLATIONS AND PENALTIES:

A: Possession of drug paraphernalia. It is unlawful for any person to use or to possess with the intent to use 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 substance in violation of RSA 318-B. Any person violating this section shall be guilty of a violation and shall be subject to a fine of $100.00, no portion of which may be suspended.

B: Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing or under circumstances where one reasonably should know that 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 substance in violation of RSA 318-B. Any person violating this section shall be guilty of a violation and shall be subject to a fine of $100.00, no portion of which may be suspended.

C: Delivery of drug paraphernalia to a minor. Any person 16 years of age or older who violates the provisions of this ordinance by delivering drug paraphernalia to a person under the age of 16 shall be guilty of a violation and shall be subject to a fine of $200.00, no portion of which may be suspended.