TITLE 21
Food And Drugs
CHAPTER 21-28.5
Sale of Drug Paraphernalia
SECTION 21-28.5-1
§ 21-28.5-1 "Drug paraphernalia" defined.
(a) As used in this chapter, "drug paraphernalia" means all equipment,
products, and materials of any kind which are intended for use or designed for
use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packing, repackaging, storing, containing, concealing, ingesting, inhaling, or
introducing into the human body a controlled substance in violation of chapter
28 of this title. "Drug paraphernalia" includes, but is not limited to, all of
the following:
(1) Kits 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;
(2) Kits intended for use or designed for use in
manufacturing, compounding, converting, producing, processing, or preparing
controlled substances;
(3) Isomerization devices intended for use or designed for
use in increasing the potency of any species of plant that is a controlled
substance;
(4) Testing equipment intended for use or designed for use in
identifying or in analyzing the strength, effectiveness, or purity of
controlled substances;
(5) Scales and balances intended for use or designed for use
in weighing or measuring controlled substances;
(6) Dilutants and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, intended for use or designed for use
in cutting controlled substances;
(7) Separation gins and sifters intended for use or designed
for use in removing twigs and seeds from, or in cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons, and mixing devices
intended for use or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers
intended for use or designed for use in packaging small quantities of
controlled substances;
(10) Containers and other objects intended for use or
designed for use in storing or concealing controlled substances; and
(11) Objects intended for use or designed for use in
ingesting, inhaling, or introducing marijuana, cocaine, hashish, or hashish oil
into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) 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;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(xi) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs;
(xiii) Ice pipes or chillers; and
(xiv) Wide rolling papers which are designed for drug use.
(b) In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all other logically
relevant factors, the following:
(1) Statements by an owner or by anyone in control of the
object concerning its use;
(2) Prior conviction, if any, of an owner, or of anyone in
control of the object, under any state or federal law relating to any
controlled substance;
(3) Direct or circumstantial evidence of the intent of an
owner, or of anyone in control of the object, to deliver it to persons who the
owner or person in control of the object 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 shall not prevent a finding that the object is
intended for use, or designed for use, as drug paraphernalia;
(4) Instructions, oral or written, provided with the object
concerning its use;
(5) Descriptive materials accompanying the object that
explain or depict its use;
(6) National and local advertising concerning its use;
(7) The manner in which the object is displayed for sale;
(8) 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;
(9) The existence and scope of legitimate uses for the object
in the community; and
(10) Expert testimony concerning its use.
History of Section.
(P.L. 1982, ch. 384, § 1; P.L. 2000, ch. 363, § 2; P.L. 2000, ch.
520, § 2.)
