Current through 11/5/2024 election
Section 18-18-426 - Drug paraphernalia - definitionsAs used in sections 18-18-425 to 18-18-430, unless the context otherwise requires:
(1) "Drug paraphernalia" means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this state. "Drug paraphernalia" includes, but is not limited to: (b) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;(c) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;(d) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;(e) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;(f) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; or(g) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise 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;(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;(XIII) Ice pipes or chillers.(2) "Drug paraphernalia" does not include:(a) Any marijuana accessories as defined in section 16 (2)(g) of article XVIII of the state constitution; or(b) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances.Amended by 2019 Ch. 273,§ 8, eff. 5/23/2019.Amended by 2014 Ch. 387,§ 7, eff. 6/6/2014 and applicable to offenses committed on or after 7/1/2014.Amended by 2013 Ch. 332,§ 6, eff. 5/28/2013.L. 92: Entire article R&RE, p. 376, § 1, effective July 1. L. 2010: (1)(c), IP(1)(g), and (1)(g)(V) amended, (HB 10-1352), ch. 1174, p. 1174, § 21, effective August 11. L. 2013: (2) added, (SB 13-283), ch. 1891, p. 1891, § 6, effective May 28. L. 2014: (2) amended, (SB 14-129), ch. 1938, p. 1938, § 7, effective June 6. L. 2019: IP(1) and (2) amended and (1)(a) repealed, (SB 19-227), ch. 2580, p. 2580, § 8, effective May 23.This section is similar to former § 12-22-502 as it existed prior to 1992.