§1111-A. Use of drug paraphernalia

Link to law: http://legislature.maine.gov/legis/statutes/17-A/title17-Asec1111-A.html
Published: 2015

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§1111-A. Use of drug paraphernalia








1.   
As used in this section the term "drug paraphernalia" means all equipment, products
and materials of any kind that are used or intended 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 scheduled drug in violation of this chapter or Title 22, section 2383, except
that this section does not apply to a person who is authorized to possess marijuana
for medical use pursuant to Title 22, chapter 558-C, to the extent the drug paraphernalia
is used for that person's medical use of marijuana. It includes, but is not limited
to:





A. Kits used or intended for use in planting, propagating, cultivating, growing or harvesting
of any species of plant which is a scheduled drug or from which a scheduled drug can
be derived; [1981, c. 531, §2 (AMD).]










B. Kits used or intended for use in manufacturing, compounding, converting, producing,
processing or preparing scheduled drugs; [1981, c. 531, §2 (AMD).]










C. Isomerization devices used or intended for use in increasing the potency of any species
of plant that is a scheduled drug; [2001, c. 383, §135 (AMD); 2001, c. 383, §156 (AFF).]











D. Testing equipment used or intended for use in identifying or in analyzing the strength,
effectiveness or purity of scheduled drugs; [1981, c. 531, §2 (AMD).]










E. Scales and balances used or intended for use in weighing or measuring scheduled drugs; [1981, c. 531, §2 (AMD).]










F. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose,
used or intended for use in cutting scheduled drugs; [RR 2015, c. 1, §11 (COR).]










G. Separation gins and sifters, used or intended for use in removing twigs and seeds
from, or in otherwise cleaning or refining, marijuana; [1981, c. 531, §2 (AMD).]










H. Blenders, bowls, containers, spoons and mixing devices used or intended for use in
compounding scheduled drugs; [1981, c. 531, §2 (AMD).]










I. Capsules, balloons, envelopes and other containers used or intended for use in packaging
small quantities of scheduled drugs; [1981, c. 531, §2 (AMD).]










J. Containers and other objects used or intended for use in storing or concealing scheduled
drugs; and [1981, c. 531, §2 (AMD).]










K. Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana,
cocaine, hashish or hashish oil 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) 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;




(6) Miniature cocaine spoons and cocaine vials;



(7) Chamber pipes;



(8) Carburetor pipes;



(9) Electric pipes;



(10) Air-driven pipes;



(11) Chillums;



(12) Bongs; or



(13) Ice pipes or chillers. [1981, c. 531, §3 (AMD).]








[
RR 2015, c. 1, §11 (COR)
.]








2.   
For purposes of this section, drug paraphernalia does not include hypodermic apparatus.
Possession of, furnishing or trafficking in hypodermic apparatus constitute separate
offenses under sections 1110 and 1111.


[
1981, c. 266, (NEW)
.]








3.   
In determining whether an object is drug paraphernalia, a court or other authority
shall 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; [1981, c. 266, (NEW).]










B. One or more prior convictions, if any, of an owner, or of anyone in control of the
object, for any offense under this chapter or for engaging in substantially similar
conduct to that of the Maine offenses under this chapter in another jurisdiction; [2007, c. 476, §44 (AMD).]










C. The proximity of the object, in time and space, to a direct violation of this chapter; [1981, c. 266, (NEW).]










D. The proximity of the object to scheduled drugs; [1981, c. 266, (NEW).]










E. The existence of any residue of scheduled drugs on the object; [1981, c. 266, (NEW).]










F. Direct or circumstantial evidence of the intent of an owner, or of anyone in control
of the object, to deliver it to persons whom the owner 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 may not prevent a finding that the object is intended for use as drug paraphernalia; [2001, c. 383, §136 (AMD); 2001, c. 383, §156 (AFF).]











G. Instructions, oral or written, provided with the object concerning its use; [1981, c. 266, (NEW).]










H. Descriptive materials accompanying the object which explain or depict its use; [1981, c. 266, (NEW).]










I. National and local advertising concerning its use; [1981, c. 266, (NEW).]










J. The manner in which the object is displayed for sale; [1981, c. 266, (NEW).]










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; [1981, c. 266, (NEW).]










L. Direct or circumstantial evidence of the ratio of sales of the object to the total
sales of the business enterprise; [1981, c. 266, (NEW).]










M. The existence and scope of legitimate uses for the object in the community; and [1981, c. 266, (NEW).]










N. Expert testimony concerning its use. [1981, c. 266, (NEW).]







[
2007, c. 476, §44 (AMD)
.]






4. 







[
2011, c. 464, §20 (RP)
.]








4-A.   
Except as provided in Title 22, chapter 558-C, a person is guilty of use of drug paraphernalia
if:





A. The person trafficks in or furnishes drug paraphernalia knowing, or under circumstances
when that person 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 scheduled drug in violation of this chapter or Title
22, section 2383, and the person to whom that person is trafficking or furnishing
drug paraphernalia is:



(1) At least 16 years of age. Violation of this subparagraph is a Class E crime;
or




(2) Less than 16 years of age. Violation of this subparagraph is a Class D crime;
or [2011, c. 464, §20 (NEW).]











B. The person places in a newspaper, magazine, handbill or other publication an advertisement
knowing, or under circumstances when that person reasonably should know, that the
purpose of the advertisement, in whole or in part, is to promote the sale of objects
intended for use as drug paraphernalia. Violation of this paragraph is a Class E
crime. [2011, c. 464, §20 (NEW).]







[
2011, c. 464, §20 (NEW)
.]








4-B.   
Except as provided in Title 22, chapter 558-C, a person commits a civil violation
if:





A. The person in fact uses 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 scheduled drug in violation of this chapter or Title 22, section 2383. Violation
of this paragraph is a civil violation for which a fine of $300 must be adjudged,
none of which may be suspended; or [2011, c. 464, §20 (NEW).]










B. The person possesses 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 scheduled drug in violation of this chapter or Title 22, section
2383. Violation of this paragraph is a civil violation for which a fine of $300 must
be adjudged, none of which may be suspended. [2011, c. 464, §20 (NEW).]







[
2011, c. 464, §20 (NEW)
.]






5. 



[
2001, c. 383, §156 (AFF);
2001, c. 383, §138 (RP)
.]






6. 



[
2001, c. 383, §156 (AFF);
2001, c. 383, §139 (RP)
.]






7. 



[
2001, c. 383, §156 (AFF);
2001, c. 383, §140 (RP)
.]






8. 



[
2001, c. 383, §156 (AFF);
2001, c. 383, §140 (RP)
.]








9.   
Drug paraphernalia possessed in violation of this section is declared to be contraband
and may be seized and confiscated by the State.


[
2001, c. 383, §141 (AMD);
2001, c. 383, §156 (AFF)
.]








10.   
It is an affirmative defense to prosecution under this section that the drug paraphernalia
used or possessed is used or possessed for the propagation, cultivation or processing
of industrial hemp.


[
2003, c. 61, §8 (NEW)
.]





SECTION HISTORY

1981, c. 266, (NEW).
1981, c. 531, §§1-5 (AMD).
IB 1999, c. 1, §§4,5 (AMD).
2001, c. 383, §§135-141 (AMD).
2001, c. 383, §156 (AFF).
2003, c. 61, §8 (AMD).
2005, c. 386, §DD1 (AMD).
2005, c. 527, §§10,11 (AMD).
2007, c. 476, §44 (AMD).
IB 2009, c. 1, §2 (AMD).
RR 2009, c. 2, §39 (COR).
2011, c. 464, §20 (AMD).
RR 2015, c. 1, §11 (COR).