§ 20-79. Possession, sale, or promotion of drug paraphernalia.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Controlled substance means a drug or other substance or an immediate precursor which is declared to be a controlled substance. The term "controlled substance" also includes marijuana and marijuana concentrate.

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, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of laws of the state.

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin. The term "marijuana" does not include fiber produced from the stalks, oil or cake made from the seeds of the plant or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as "marijuana," in this section. The term "marijuana," does not include marijuana concentrate as defined in C.R.S. § 12-22-303.

(b)

It shall be a violation of this section for any person who knowingly commits the following:

(1)

Possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of the state.

(2)

Sells or delivers, possesses with intent to sell or deliver, or manufactures with intent to sell or deliver equipment, products, or materials knowing, or under circumstances where one reasonably should know, that such equipment, products, or materials could be used as drug paraphernalia.

(3)

Places an advertisement in any newspaper, magazine, handbill, or other publication and intends thereby to promote the sale in the town of equipment, products, or materials designed and intended for use as drug paraphernalia.

(c)

In determining whether an object is drug paraphernalia, the municipal 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 substances on 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 persons who he knows, or reasonably should know, could use the object to facilitate a violation of this section;

(5)

Instructions, oral or written, provided with the object which explain or depict 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 an authorized distributor or dealer of tobacco products;

(10)

The existence and scope of legal uses for the object in the community; and

(11)

Expert testimony concerning its use.

(d)

Violations of this section shall, upon conviction, unless another lesser punishment is provided in this section or under state law, be punishable in accordance with section 1-14.

(Code 1987, § 10-4-20; Ord. No. 03-11, §§ 1—4, 3-9-2011)