Drug Paraphernalia Law and 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 :
- metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
- water pipes
- carburetion tubes and devices
- smoking and carburetion masks
- 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
- miniature spoons with level capacities of one-tenth cubic centimeter or less
- chamber pipes
- carburetor pipes
- electric pipes
- air-driven pipes
- chillums
- bongs
- ice pipes or chillers
- wired cigarette papers; or
- 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:
- instructions, oral or written, provided with the item concerning its use
- descriptive materials accompanying the item which explain or depict its use
- national and local advertising concerning its use
- the manner in which the item is displayed for sale
- 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
- direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise
- the existence and scope of legitimate uses of the item in the community; and
- expert testimony concerning its use
- 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.
Exemptions
This section shall not apply to :
Legal Definition list
Related Legal Terms
- Abbreviated Drug Application
- Abbreviated New Drug Applications [ANDA]
- Accidental Radiation Occurrence [Food and Drugs]
- Addictive Drug
- Adverse Drug Experience
- AIDS Drug Assistance Programs
- Animal Drug Availability Act
- Animal Drug Product [Food and Drugs]
- Animal Drug User Fee Act of 2003 [ADUFA]
- Anti-Drug Abuse Act
