Drug Paraphernalia Ordinance

Possession of Drug Paraphernalia: It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body controlled substances in violation of New Hampshire Revised Statutes Annotated. Any person violating this section shall be guilty of a violation.

Manufacture or Delivery of Drug Paraphernalia: It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test. Analyze, pack, repack, store, contained conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of New Hampshire Revised Statutes Annotated. Any person violating this section shall be guilty of a violation.

Delivery of Drug Paraphernalia to a Minor: It shall be unlawful for any person 18 years of age or older to knowingly deliver, or solicit, direct, or hire someone to deliver any drug paraphernalia as defined on Section Definitions, to a person 17 years of age or younger. Any person violating this section shall be guilty of a violation.

Advertisement of Drug Paraphernalia: It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, when viewed in whole or in part, is to promote the sale of objects intended for use or customarily intended for use as drug paraphernalia. Any person violating this section shall be guilty of a Violation.

Definitions: The term “drug paraphernalia” means all equipment, products and materials of any kind which are used or intended for use or customarily intended 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 New Hampshire Revised Statutes Annotated. It includes, but is not limited to:

• (a) Kits used or intended for use or customarily intended for use in planting, propagating, cultivation, growing or harvesting of any species of plant which is a controlled substance of from which a controlled substance can be delivered.
• (b) Kits including but not limited to cocaine kits, used or intended for use or customarily intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
• (c) Isomerization devices used or intended for use or customarily intended for use in increasing the potency of any species of plant which is a controlled substance.
• (d) Testing equipment used or intended for use or customarily intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
• (e) Scales and balances used or intended for use or customarily intended for use in weighting or measuring controlled substances.
• (f) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use or customarily intended for use in cutting controlled substances.
• (g) Separation gins and sifters used or intended for use or customarily intended for use in removing twigs and seeds from, or in otherwise cleaning refining, marijuana.
• (h) Blenders, bowls, container, spoons and mixing devices used or intended for use or customarily intended for use in compounding controlled substances.
• (i) Capsules, balloons, envelopes and other containers used or intended for use or customarily intended for use in packaging small quantities of controlled substances.
• (j) Containers and other objects used or intended for use or customarily intended for use in storing or concealing controlled substances.
• (k) Objects used or intended for use or customarily intended 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 bowls;
  • (2) Water pipes;
  • (3) Carburetion tubes and devices;
  • (4) Smoking and carburetion masks;
  • (5) Chamber pipes;
  • (6) Carburetor pipes;
  • (7) Electric pipes;
  • (8) Air-driven pipes;
  • (9) Chillums;
  • (10) Bongs;
  • (11) Ice pipes or chillers;

Determination: In determining whether an object is drug paraphernalia under this ordinance, a court or other authority should consider, in addition to all other logically relevant factors, the following;

• (a) Statements by an owner or by anyone in control of the object concerning its use;
• (b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
• (c) The proximity of the object, in time and space, to a direct violation of the New Hampshire Revised Statutes Annotated;
• (d) The proximity of the object to any controlled substances;
• (e) The proximity of any residue of controlled substances;
• (f) The existence of any residue of controlled substances on the object;
• (g) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of the New Hampshire Revised Statutes Annotated; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the New Hampshire Revised statutes Annotated shall not prevent a finding that the object is intended for use as drug paraphernalia;
• (h) Instructions, oral or written, provided with the object concerning its use;
• (i) Descriptive materials accompanying the object which explain or depict its use;
• (j) National and local advertising concerning its use;
• (k) The manner in which the object is displayed for sale;
• (l) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
• (m) Whether the object is customarily intended for use as drug paraphernalia and the existence and scope of other legitimate uses for the object in the community; and
• (n) Expert testimony concerning its use.