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Definition of "Drug Paraphernalia"
"Drug Paraphernalia" means all equipment, products and materials of any
kind which are used, intended for use, or
designed for use in planting, propagating, cultivating, growing, harvesting,
preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance in violation of the Controlled
Substance Act. (C.S.
Section 2)
Some of items that would be considered "Paraphernalia", but not limited
to:
(1) Scales and balances used, intended for use or designed for use in
weighing or measuring controlled substances.
(2) Containers and other objects used, intended for use or designed
for use in storing controlled substances.
(3) Hypodermic syringes, needles, and other objects used, intended for
use, or designed for use in parenterally injecting controlled substances
into the human body.
(4) Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marihuana, cocaine, hashish, or hashish
oil into the human body......
THE LAW
The use of, or possession with intent to use, drug paraphernalia,
for the purpose of planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packing, repacking, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human
body a controlled substance in violation of the Controlled Substances Act.
(C.S. Section 13, subsection 32)
The delivery of, possession of with intent to deliver,
or to manufacture with intent to deliver, drug paraphernalia, knowing,
or under circumstances where on reasonably should know, that it would 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 this act. (C.S. Section
13, subsection 33)
The placing in any newspaper, magazine, handbill, or other
publication any advertisement, knowing, or under circumstances where one
reasonably should know, that the purpose of the advertisement, in whole
or in part is to promote the sale of objects designed or intended for use
as drug paraphernalia. (C.S. Section 13, subsection 34)
PENALTY
Any person who violates the above, is guilty of a misdemeanor
and upon conviction thereof shall be sentenced to pay a fine not exceeding
two thousand five hundred dollars ($2500) or to imprisonment not exceeding
one (1) year, or both. Any person who violates clause (33) by delivering
paraphernalia to a person under eighteen (18) years of age who is three
(3) or ore years his junior shall be guilty of a misdemeanor of the second
degree and upon conviction thereof be sentenced to pay a fine not exceeding
five thousand dollars ($5000) or to imprisonment not exceeding two (2)
years, or both.