[HISTORY: Adopted by the Council of the Borough of Darby 9-2-1981 by Ord. No. 604, approved 9-2-1981. Amendments
noted where applicable.]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Any substance as defined in the Controlled Substance, Drug,
Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, No. 64,
(35 P.S. § 780-101 et seq.) or immediate precursor thereof.
All equipment, products and materials of any kind which are
used, intended for use or designed for use in planting, propagating,
cultivating, growing, 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 the Controlled Substance, Drug, Device and
Cosmetic Act.[1] It includes but is not limited to the following:
Kits used, intended for use or designed for use in the planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived.
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances.
Dilutents and adulterants, such as quinine, hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from or otherwise cleaning or
refining marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body.
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning materials,
such as a marijuana cigarette, that have become too small or too short
to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
Any substance which the Secretary of the Commonwealth has
found to be and by regulation designates as being a principal compound
commonly used or produced primarily for use and which is an immediate
chemical intermediary used or likely to be used in the manufacture
of a controlled substance.
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
In determining whether an object is drug paraphernalia, a court
or other authority should consider, in addition to all other logically
relevant factors, the following:
A.Â
Statements by an owner or by anyone in control of the object concerning
its use.
B.Â
Direct or circumstantial evidence of the intent of an owner or of
anyone in control of the object to deliver it to persons whom he knows
or should reasonably know intend to use the object to facilitate a
violation of the Controlled Substance, Drug, Device and Cosmetic Act.[1] The innocence of an owner or of anyone in control of the
object, as to a direct violation of the Controlled Substance, Drug,
Device and Cosmetic Act,[2] shall not prevent a finding that the object is intended
for use or designed for use as drug paraphernalia.
C.Â
Instructions, oral or written, provided with the object concerning
its use.
D.Â
Descriptive materials accompanying the object which explain or depict
its use.
E.Â
National and local advertising concerning its use.
F.Â
The manner in which the object is displayed for sale.
G.Â
Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprise.
H.Â
The existence and scope of legitimate uses for the object in the
community.
I.Â
Expert testimony concerning its use.
A.Â
It is unlawful for any person, partnership or corporation to sell,
possess with intent to sell, deliver or possess with intent to deliver
drug paraphernalia knowing 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 the Controlled Substance, Drug,
Device and Cosmetic Act.[1] Any person, the members of any partnership or the officers
of any corporation who or which violates this section shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $300. In default of such payment, such person,
the members of any partnership or the officers of such corporation
shall be liable to imprisonment for not more than 30 days. Each violation
shall constitute a separate offense. All fines collected for the violation
of this chapter shall be paid to the Borough of Darby.
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
B.Â
In addition to the penalties provided herein, the Borough Council may apply to the Court of Common Pleas of Delaware County for a temporary or permanent injunction restraining any person from continued violation of Subsection A of this section, irrespective of the existence of any other remedy at law.
