ORD 1037 - Laserfiche WebLink

d. "Distribute" means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts. e. "Drug paraphernalia" means all equipment, products, and materials of any kind which are intended by a person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state. "Drug paraphernalia" includes, but is not limited to, all of the items enumerated in California Health and Safety Code Section 11364.5 as said section now exists or may be amended. In deter- mining whether an object is "drug paraphernalia," a court or other authority may consider, in addition to all other logically 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 controlled substances, (3) The existence of any residue of controlled substances on the object, (4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows, intends to use the object to facilitate a violation of the laws of the state relating to controlled substances, (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 and local advertising concerning its use, (8) The manner in which the object is displayed for sale, (9) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise, (10) The existence of scope of legitimate uses for the object in the community, and -5-