Drug Paraphernalia Law & Legal Definition


Drug paraphernalia is 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, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

The following is an example of a federal law dealing with drug paraphernalia:

The term ''drug paraphernalia'' means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines 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 spoons with level capacities of one-tenth cubic centimeter or less
  7. chamber pipes
  8. carburetor pipes
  9. electric pipes
  10. air-driven pipes
  11. chillums
  12. bongs
  13. ice pipes or chillers
  14. wired cigarette papers; or
  15. cocaine freebase kits

Matters considered in determination of what constitutes drug paraphernalia:

In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:

  1. instructions, oral or written, provided with the item concerning its use
  2. descriptive materials accompanying the item which explain or depict its use
  3. national and local advertising concerning its use
  4. the manner in which the item is displayed for sale
  5. whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products
  6. direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise
  7. the existence and scope of legitimate uses of the item in the community; and
  8. expert testimony concerning its use
    1. Exemptions

      This section shall not apply to :

      • 1. any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
      • 2. any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.