[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Paxton 8-18-1980. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All equipment, products and materials of any kind which are
used, intended for use or designed 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 substance in
violation of the Controlled Substance, Drug, Device and Cosmetic Act.
It includes, but is not limited to:
Kits used, intended for use or designed for use in 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 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.
Diluents 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 in 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 injected 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 material,
such as a marijuana cigarette, that has 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.
Rolling papers.
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.
Statements by an owner or by anyone in control of the object concerning
its use.
B.
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
substance.
C.
The proximity of the object, in time and space, to a direct violation
of this chapter.
D.
The proximity of the object to controlled substances.
E.
The existence of any residue of controlled substances on the object.
F.
Direct or circumstantial evidence of the intent of an owner or of
anyone in control of the object to deliver it to persons who he knows
or should reasonably know intend to use the object to facilitate a
violation of this chapter; the innocence of an owner or of anyone
in control of the object as to a direct violation of this chapter
should not prevent a finding that the object is intended for use or
designed for use as drug paraphernalia.
G.
Instructions, oral or written, provided with the object concerning
its use.
H.
Descriptive materials accompanying the object which explain or depict
its use.
I.
National and local advertising concerning its use.
J.
The manner in which the object is displayed for sale.
K.
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.
L.
Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprise.
M.
The existence and scope of legitimate uses for the object in the
community.
N.
Expert testimony concerning its use.
It shall be a violation of this chapter for any person to use
or to possess with 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 the Controlled Substance, Drug,
Device and Cosmetic Act.
It shall be a violation of this chapter 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 the Controlled Substance, Drug, Device and Cosmetic
Act.
Any person, firm or corporation who or which shall violate the
provisions of this chapter shall be punishable as provided in 35 P.S.
§ 780-113(i).
