Sec. 94-220. Drug paraphernalia general.
(a) Definitions. As used in this chapter, unless the context otherwise requires:
(1) Drug paraphernalia means all 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, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of the State of Colorado. "Drug paraphernalia" includes, but is not limited to:
a. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances under circumstances in violation of the laws of the State of Colorado;
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, 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:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal holes;
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.
(2) Controlled substance shall have the same definition as set forth in section 18-18-102 of the Colorado Revised Statutes.
(b) Determination—Considerations. In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) The proximity of the object to a controlled substance.
(3) The existence of any residue of controlled substance in the object.
(4) Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to a person who he or she knows or reasonably should know, could use the object to facilitate a violation of section 94-221 of this Code.
(5) Instructions, oral or written, provided with the object concerning its use.
(6) Descriptive materials accompanying the object which explain or depict its use.
(7) National or local advertising concerning its use.
(8) The manner in which the object is displayed for sale.
(9) Whether the owner or anyone in control of the object is a supplier of like or related items to the community for legal purposes, such as authorized distributor or dealer of tobacco products.
(10) The existence and scope of legal uses for the object in the community.
(11) Expert testimony concerning its use.
(c) Hearing. In the event a case brought pursuant to section 94-221 of this Code is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to section 94-220(b). Such hearing shall be conducted in camera. (Ord. No. 99-92, § 1, 1-3-2000)