§ 18-18-426 — Drug paraphernalia - definitions

As used in sections 18-18-425
to 18-18-430, unless the context otherwise requires:

(1) 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, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the human
body a controlled substance in violation of the laws of this state. Drug
paraphernalia includes, but is not limited to:

(a) Repealed.

(b) Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances;

(c) 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;

(d) Blenders, bowls, containers, spoons, and mixing devices used, intended
for use, or designed for use in compounding controlled substances;

(e) Capsules, balloons, envelopes, and other containers used, intended for
use, or designed for use in packaging small quantities of controlled substances;

(f) Containers and other objects used, intended for use, or designed for use
in storing or concealing controlled substances; or

(g) 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, such as:

(I) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or
without screens, permanent screens, hashish heads, or punctured metal bowls;

(II) Water pipes;

(III) Carburetion tubes and devices;

(IV) Smoking and carburetion masks;

(V) 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;

(VI) Miniature cocaine spoons and cocaine vials;

(VII) Chamber pipes;

(VIII) Carburetor pipes;

(IX) Electric pipes;

(X) Air-driven pipes;

(XI) Chillums;

(XII) Bongs; or

(XIII) Ice pipes or chillers.

(2) Drug paraphernalia does not include:

(a) Any marijuana accessories as defined in section 16 (2)(g) of article XVIII of
the state constitution; or

(b) Testing equipment used, intended for use, or designed for use in
identifying or in analyzing the strength, effectiveness, or purity of controlled
substances.

Legislative History

Source: L. 92: Entire article R&RE, p. 376, � 1, effective July 1. L. 2010: (1)(c), IP(1)(g), and (1)(g)(V) amended, (HB 10-1352), ch. 259, p. 1174, � 21, effective August 11. L. 2013: (2) added, (SB 13-283), ch. 332, p. 1891, � 6, effective May 28. L. 2014: (2) amended, (SB 14-129), ch. 387, p. 1938, � 7, effective June 6. L. 2019: IP(1) and (2) amended and (1)(a) repealed, (SB 19-227), ch. 273, p. 2580, � 8, effective May 23.