10.35.055 Selling or giving drug paraphernalia to another person.
A. Every person who sells or gives, or permits to be sold or given, to any person any drug paraphernalia in any form commits a civil infraction punishable by a fine of not more than five hundred dollars.
B. For purposes of this section, “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, 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 other than marijuana. Drug paraphernalia includes, but is not limited to, objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing cocaine into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Miniature cocaine spoons, and cocaine vials;
6. Chamber pipes;
7. Carburetor pipes;
8. Electric pipes;
9. Air-driven pipes; and
10. Ice pipes or chillers.
C. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
D. Nothing in subsection A of this section prohibits legal distribution of injection syringe equipment through public health and community-based HIV prevention programs, and pharmacies. (Ord. 3310-13 § 13, 2013; Ord. 2622-02 § 4, 2002; Ord. 2318-98 § 1, 1998.)