CHAPTER 22-42A
DRUG PARAPHERNALIA
22-42A-1 Drug paraphernalia defined--Exclusion.
22-42A-2 Factors considered in determining whether an object is drug paraphernalia.
22-42A-3 Use or possession of drug paraphernalia as misdemeanor.
22-42A-4 Delivery of drug paraphernalia as felony.
22-42A-1. Drug paraphernalia defined--Exclusion.
For purposes of this chapter, the term, drug paraphernalia, means any equipment, product, or material that is primarily used, intended for use, or designed for use by the person in possession of it, 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 any controlled substance or marijuana in violation of the provisions of this chapter. Drug paraphernalia includes:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that is a controlled substance or marijuana or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of marijuana or any species of plant that is a controlled substance;
(4) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(5) Diluents and adulterants, including quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
(6) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(7) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or marijuana;
(8) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or marijuana;
(9) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and
(10) 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, including:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) 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;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs; and
(m) Ice pipes or chillers.
For purposes of this chapter, drug paraphernalia does not include a product that detects the presence of fentanyl or a fentanyl analog in a controlled substance.
Source: SL 1983, ch 180, § 1; SL 1984, ch 172, § 1; SL 2023, ch 73, § 1.
22-42A-2. Factors considered in determining whether an object is drug paraphernalia.
In determining whether an object is drug paraphernalia as defined in § 22-42A-1, a court or other authority shall 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, in time and space, to a direct violation of this article;
(3) The proximity of the object to controlled substances or marijuana;
(4) The existence of any residue of controlled substances or marijuana on the object;
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article;
(6) Instructions, oral or written, provided with the object concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community;
(11) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community; and
(13) Expert testimony concerning its use.
Source: SL 1983, ch 180, § 2; SL 1984, ch 172, § 2.
22-42A-3. Use or possession of drug paraphernalia as misdemeanor.
No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia 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 any controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 2 misdemeanor.
Source: SL 1983, ch 180, § 3; SL 1984, ch 172, § 3; SL 1998, ch 139, § 6.
22-42A-4. Delivery of drug paraphernalia as felony.
No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will 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 a controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 6 felony.
Source: SL 1983, ch 180, § 4; SL 1984, ch 172, § 4; SL 1998, ch 139, § 7.
