The listed Drug Paraphernalia Prohibited charge below is an offense prosecuted in Baton Rouge City Court. It is a misdemeanor offense. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.
Definitions. As used in this section, unless the context clearly otherwise indicates, the term "drug paraphernalia" shall mean and include, but not be limited to:
All equipment, products, and materials of any kind which are used, intended 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 the Uniform Controlled Dangerous Substances Law, as scheduled in Louisiana Revised Statute 40:964.
Kits used, intended for use, or designed for use in 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.
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances.
Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.
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.
Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.
Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
Carburetion tubes and devices.
Smoking and carburetion masks.
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.
Miniature cocaine spoons, and cocaine vials.
Ice pipes or chillers.
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
Statements by an owner or by anyone in control of the object concerning its use.
The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Law.
The proximity of the object to controlled substances.
The existence of any residue of controlled substances on the object.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Dangerous Substances Law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
Instructions, oral or written, provided with the object concerning its use.
Descriptive materials accompanying the object which explain or depict its use.
National and local advertising concerning its use.
The manner in which the object is displayed for sale.
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
The existence and scope of legitimate use for the object in the community.
Expert testimony concerning its use.
It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug paraphernalia.
It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to display for sale or possess with the intent to distribute, any drug paraphernalia.
It is unlawful for any person to use, or to possess with intent to use, any 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 a controlled substance in violation of this part.
Any provision of law to the contrary herein notwithstanding, the provisions of this part shall not apply to the manufacture, sale, distribution, or advertisement of any product or object designed and sold primarily for scientific research, industrial, veterinary, or agricultural purposes, or for bona fide medical or clinical use.
It shall be an affirmative defense that the person to whom the drug related object or advertisement or notice was distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance for which the object is primarily intended to be used. It is also an affirmative defense that the drug related object was designed or marketed as useful primarily for veterinary or agricultural purposes.
The first violation of or failure to comply with any provision of this part shall subject the offender to a fine not in excess of five hundred dollars ($500.00), or imprisonment of not more than six (6) months, or both.
A second conviction of any violation or failure to comply with this section shall be subject to punishment in the same manner. And, in addition, such second violation by any person licensed under this Code or by such person's manager, agent, servant or employee shall cause such person to forfeit the right to any permit issued thereunder; and such permit may be suspended or revoked.
Contraband; condemnation proceedings. All instruments, devices, and objects which are seized after the effective date of this section, on condemnation as being distributed or possessed in violation of this section, may be destroyed by the city-parish after making the seizure, but only after compliance with the following procedure. Within ninety (90) days after any seizure is made after the effective date of this Section, the district attorney or city prosecutor shall institute condemnation proceedings in district court or city court by petition, a copy of which shall be served upon the owner of the seized items, if known. If the owner is unknown, notice of the proceedings shall be published once a week for two (2) weeks in the official journal of the parish. The petition shall allege that the seized items were distributed or possessed in violation of this section. Fifteen (15) days after the filing of the petition, judgment by default shall be entered by the court, and the court shall order the seized items to be destroyed. Otherwise, the case shall proceed as other civil cases in said court. If the prosecution proves, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of the law, the court shall order the seized items to be destroyed.
(City Code 1951, Title 13, §§ 700—705; Ord. No. 13865, § 1, 1-10-07)
State law reference— Similar provisions, R.S. 40:1031 et seq.