REPORT TITLE:
Drug Paraphernalia


DESCRIPTION:
Prohibits the sale of a combination of glass "straw" and portions
of metal brillo pad, which form the components of a crack cocaine
pipe.  Imposes penalties, including the revocation of the
seller's liquor license.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           807
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO DRUG PARAPHERNALIA.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to prohibit the sale
 
 2 of a combination of glass "straw" and portions of metal brillo
 
 3 pads, which form the components of a crack cocaine pipe, and to
 
 4 impose penalties for violations, including the revocation of the
 
 5 seller's liquor license.
 
 6      SECTION 2.  Section 329-1, Hawaii Revised Statutes, is
 
 7 amended by amending the definition of "drug paraphernalia" to
 
 8 read as follows:
 
 9      ""Drug paraphernalia" means all equipment, products, and
 
10 materials of any kind which are used, intended for use, or
 
11 designed for use, in planting, propagating, cultivating, growing,
 
12 harvesting, manufacturing, compounding, converting, producing,
 
13 processing, preparing, testing, analyzing, packaging,
 
14 repackaging, storing, containing, concealing, injecting,
 
15 ingesting, inhaling, or otherwise introducing into the human body
 
16 a controlled substance in violation of this chapter.  It
 
17 includes, but is not limited to:
 
18      (1)  Kits used, intended for use, or designed for use in
 
19           planting, propagating, cultivating, growing, or
 
20           harvesting of any species of plant which is a
 

 
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 1           controlled substance or from which a controlled
 
 2           substance can be derived;
 
 3      (2)  Kits used, intended for use, or designed for use in
 
 4           manufacturing, compounding, converting, producing,
 
 5           processing, or preparing controlled substances;
 
 6      (3)  Isomerization devices used, intended for use, or
 
 7           designed for use in increasing the potency of any
 
 8           species of plant which is a controlled substance;
 
 9      (4)  Testing equipment used, intended for use, or designed
 
10           for use in identifying, or in analyzing the strength,
 
11           effectiveness, or purity of controlled substances;
 
12      (5)  Scales and balances used, intended for use, or designed
 
13           for use in weighing or measuring controlled substances;
 
14      (6)  Diluents and adulterants; such as quinine
 
15           hydrochloride, mannitol, mannite, dextrose, and
 
16           lactose, used, intended for use, or designed for use in
 
17           cutting controlled substances;
 
18      (7)  Separation gins and sifters used, intended for use, or
 
19           designed for use in removing twigs and seeds from, or
 
20           in otherwise cleaning or refining, marijuana;
 
21      (8)  Blenders, bowls, containers, spoons, and mixing devices
 
22           used, intended for use, or designed for use in
 
23           compounding controlled substances;
 

 
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                                     S.B. NO.           807
                                                        
                                                        


 1      (9)  Capsules, balloons, envelopes, and other containers
 
 2           used, intended for use, or designed for use in
 
 3           packaging small quantities of controlled substances;
 
 4     (10)  Containers and other objects used, intended for use, or
 
 5           designed for use in storing or concealing controlled
 
 6           substances;
 
 7     (11)  Hypodermic syringes, needles, and other objects used,
 
 8           intended for use, or designed for use in parenterally
 
 9           injecting controlled substances into the human body;
 
10     (12)  Objects used, intended for use, or designed for use in
 
11           ingesting, inhaling, or otherwise introducing
 
12           marijuana, cocaine, hashish, or hashish oil into the
 
13           human body, such as:
 
14           (A)  Metal, wooden, acrylic, glass, stone, plastic, or
 
15                ceramic pipes with or without screens, permanent
 
16                screens, hashish heads, or punctured metal
 
17                bowls[;], including combinations of glass "straws"
 
18                and portions of metal brillo pads;
 
19           (B)  Water pipes;
 
20           (C)  Carburetion tubes and devices;
 
21           (D)  Smoking and carburetion masks;
 
22           (E)  Roach clips:  meaning objects used to hold burning
 
23                materials, such as marijuana cigarettes, that have
 

 
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                                     S.B. NO.           807
                                                        
                                                        


 1                become too small or too short to be held in the
 
 2                hand;
 
 3           (F)  Miniature cocaine spoons, and cocaine vials;
 
 4           (G)  Chamber pipes;
 
 5           (H)  Carburetor pipes;
 
 6           (I)  Electric pipes;
 
 7           (J)  Air-driven pipes;
 
 8           (K)  Chillums;
 
 9           (L)  Bongs; and
 
10           (M)  Ice pipes or chillers.
 
11      In determining whether an object is drug paraphernalia, a
 
12 court or other authority should consider, in addition to all
 
13 other logically relevant factors, the following:
 
14      (1)  Statements by an owner or by anyone in control of the
 
15           object concerning its use;
 
16      (2)  Prior convictions, if any, of an owner, or of anyone in
 
17           control of the object, under any state or federal law
 
18           relating to any controlled substance;
 
19      (3)  The proximity of the object, in time and space, to a
 
20           direct violation of this chapter;
 
21      (4)  The proximity of the object to controlled substances;
 
22      (5)  The existence of any residue of controlled substances
 
23           on the object;
 

 
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                                     S.B. NO.           807
                                                        
                                                        


 1      (6)  Direct or circumstantial evidence of the intent of an
 
 2           owner, or of anyone in control of the object, to
 
 3           deliver it to a person or persons whom the owner or
 
 4           person in control knows, or should reasonably know,
 
 5           intend to use the object to facilitate a violation of
 
 6           this chapter; the innocence of an owner, or of anyone
 
 7           in control of the object, as to a direct violation of
 
 8           this chapter shall not prevent a finding that the
 
 9           object is intended for use, or designed for use as drug
 
10           paraphernalia;
 
11      (7)  Instructions, oral or written, provided with the object
 
12           concerning its use;
 
13      (8)  Descriptive materials accompanying the object which
 
14           explain or depict its use;
 
15      (9)  National and local advertising concerning its use;
 
16     (10)  The manner in which the object is displayed for sale;
 
17     (11)  Whether the owner, or anyone in control of the object,
 
18           is a legitimate supplier of like or related items to
 
19           the community, such as a licensed distributor or dealer
 
20           of tobacco products;
 
21     (12)  Direct or circumstantial evidence of the ratio of sales
 
22           of the object or objects to the total sales of the
 
23           business enterprise;
 

 
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                                     S.B. NO.           807
                                                        
                                                        


 1     (13)  The existence and scope of legitimate uses for the
 
 2           object in the community; and
 
 3     (14)  Expert testimony concerning its use."
 
 4      SECTION 3.  Section 329-43.5, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§329-43.5[]]  Prohibited acts related to drug
 
 7 paraphernalia.  (a)  It is unlawful for any person to use, or to
 
 8 possess with intent to use, drug paraphernalia to plant,
 
 9 propagate, cultivate, grow, harvest, manufacture, compound,
 
10 convert, produce, process, prepare, test, analyze, pack, repack,
 
11 store, contain, conceal, inject, ingest, inhale, or otherwise
 
12 introduce into the human body a controlled substance in violation
 
13 of this chapter.  Any person who violates this section is guilty
 
14 of a class C felony and upon conviction may be imprisoned
 
15 pursuant to section 706-660 and, if appropriate as provided in
 
16 section 706-641, fined pursuant to section 706-640.
 
17      (b)  It is unlawful for any person to deliver, possess with
 
18 intent to deliver, or manufacture with intent to deliver, drug
 
19 paraphernalia, knowing, or under circumstances where one
 
20 reasonably should know, that it will be used to plant, propagate,
 
21 cultivate, grow, harvest, manufacture, compound, convert,
 
22 produce, process, prepare, test, analyze, pack, repack, store,
 
23 contain, conceal, inject, ingest, inhale, or otherwise introduce
 

 
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                                     S.B. NO.           807
                                                        
                                                        


 1 into the human body a controlled substance in violation of this
 
 2 chapter.  Any person who violates this section is guilty of a
 
 3 class C felony and upon conviction may be imprisoned pursuant to
 
 4 section 706-660 and, if appropriate as provided in section
 
 5 706-641, fined pursuant to section 706-640.
 
 6      (c)  Any person eighteen years of age or over who violates
 
 7 subsection (b) by delivering drug paraphernalia to a person or
 
 8 persons under eighteen years of age who are at least three years
 
 9 younger than that adult person is guilty of a class B felony and
 
10 upon conviction may be imprisoned pursuant to section 706-660 and
 
11 if appropriate as provided in section 706-641, fined pursuant to
 
12 section 706-640.
 
13      (d)  It is unlawful for any person to place in any
 
14 newspaper, magazine, handbill, or other publication any
 
15 advertisement, knowing, or under circumstances where one
 
16 reasonably should know, that the purpose of the advertisement, in
 
17 whole or in part, is to promote the sale of objects designed or
 
18 intended for use as drug paraphernalia.  Any person who violates
 
19 this section is guilty of a class C felony and upon conviction
 
20 may be imprisoned pursuant to section 706-660 and, if appropriate
 
21 as provided in section 706-641, fined pursuant to section
 
22 706-640.
 
23      (e)  It is unlawful for any person to sell to another person
 

 
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                                     S.B. NO.           807
                                                        
                                                        


 1 any combination of glass "straws" and portions of metal brillo
 
 2 pads with the intent that these drug paraphernalia be used for
 
 3 the purpose of ingesting, inhaling, or otherwise introducing any
 
 4 form of cocaine into the human body.  Any person who violates
 
 5 this subsection, in addition to any other penalties provided by
 
 6 law, shall be fined not less than $10,000 for each violation and
 
 7 shall have that person's liquor license revoked by the county
 
 8 liquor commission or the liquor control adjudication board, as
 
 9 appropriate."
 
10      SECTION 4.  This Act does not affect rights and duties that
 
11 matured, penalties that were incurred, and proceedings that were
 
12 begun, before its effective date.
 
13      SECTION 5.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect upon its approval.
 
16 
 
17                           INTRODUCED BY:  _______________________