[HISTORY: Adopted by the Village Board of the Village of Pleasant
Prairie 3-20-1995 (§§ 9.00 and 9.001 of
the 1988 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- DRUG PARAPHERNALIA
- All equipment, products and materials of any kind that are used, designed for use or primarily intended 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 this chapter.
- A. "Drug paraphernalia" includes, but is not limited to, any of the following:
- (1) Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance can be derived.
- (2) Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
- (3) Isomerization devices used, designed for use or primarily intended for use in increasing the potency of any species of plant that is a controlled substance.
- (4) Testing equipment used, designed for use or primarily intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
- (5) Scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances.
- (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances.
- (7) Separation gins and sifters used, designed for use or primarily 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, designed for use or primarily intended for use in compounding controlled substances.
- (9) Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances.
- (10) Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances.
- (11) Objects used, designed for use or primarily 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) Chilams
- (l) Bongs.
- (m) Ice pipes or chillers.
- (a)
- (1)
- B.
- PRIMARILY
- Chiefly or mainly.
A.
In determining whether an object is drug paraphernalia,
a court or other authority shall consider, in addition to all other legally
relevant factors, the following:
(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 this chapter.
(3)
The proximity of the object to controlled substances.
(4)
The existence of any residue of controlled substances
on the object.
(5)
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 or she knows 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 shall not prevent a finding that
the object is designed for use or primarily intended for use as drug paraphernalia.
(6)
Instructions, oral or written, provided with the object
concerning its use.
(7)
Descriptive materials accompanying the object that explain
or depict its use.
(8)
Local advertising concerning its use.
(9)
The manner in which the object is displayed for sale.
(10)
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.
(11)
The existence and scope of legitimate uses for the object
in the community.
(12)
Expert testimony concerning its use.
B.
In determining under this chapter whether an item is
designed for a particular use, a court or other authority shall consider the
objective physical characteristics and design features of the item.
C.
In determining under this chapter whether an item is
primarily intended for a particular use, a court or other authority shall
consider the subjective intent of the defendant.