(1) It is unlawful for any person to sell or deliver, possess with intent to sell or deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it will be used to unlawfully 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 a controlled substance as defined by ORS 475.005.
(2) For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind which are marketed 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 ORS 475.840 to 475.980. Drug paraphernalia includes, but is not limited to:
(a) Kits marketed for use or designed for use in unlawfully planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits marketed for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(c) Isomerization devices marketed for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment marketed for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances marketed for use or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, marketed for use or designed for use in cutting controlled substances;
(g) Separation gins and sifters marketed for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
(h) Containers and other objects marketed for use or designed for use in storing or concealing controlled substances; and
(i) Objects marketed for use or designed specifically for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens or hashish heads;
(B) Water pipes;
(C) Carburetion tubes and devices;
(D) Smoking and carburetion masks;
(E) Roach clips, meaning objects used to hold burning material that has become too small or too short to be held in the hand, such as a marijuana cigarette;
(F) Miniature cocaine spoons and cocaine vials;
(G) Chamber pipes;
(H) Carburetor pipes;
(I) Electric pipes;
(J) Air-driven pipes;
(K) Chillums;
(L) Bongs;
(M) Ice pipes or chillers; and
(N) Lighting equipment specifically designed for the growing of controlled substances.
(3) Drug paraphernalia does not include hypodermic syringes or needles.
(4) In determining whether an object is drug paraphernalia, a trier of fact should consider, in addition to all other relevant factors, the following:
(a) Instructions, oral or written, provided with the object concerning its use;
(b) Descriptive materials accompanying the object which explain or depict its use;
(c) National and local advertising concerning its use;
(d) The manner in which the object is displayed for sale;
(e) The existence and scope of legitimate uses for the object in the community; and
(f) Any expert testimony which may be introduced concerning its use.
(5) The provisions of ORS 475.525 to 475.565 do not apply to persons registered under the provisions of ORS 475.125 or to persons specified as exempt from registration under the provisions of that statute. [1989 c.1077 §1; 1995 c.440 §10]
Section: Previous 475.465 475.475 475.485 475.495 475.505 475.510 475.515 475.525 475.535 475.545 475.555 475.565 475.610 475.615 475.620 NextLast modified: August 7, 2008