Sale of drug paraphernalia prohibited
- definition of drug paraphernalia
(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 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).
(2)For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind that 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 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)). 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 that 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 that 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)Lighting equipment specifically designed for growing controlled substances;
(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 a controlled substance into the human body, such as:
(A)Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens;
(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;
(F)Miniature cocaine spoons and cocaine vials;
(M)Ice pipes or chillers.
(3)For purposes of this section, “drug paraphernalia” does not include hypodermic syringes or needles.
(4)The provisions of ORS 475.525 (Sale of drug paraphernalia prohibited) to 475.565 (Civil penalty for violation of ORS 475.525) do not apply to persons registered under the provisions of ORS 475.125 (Registration requirements) or to persons specified as exempt from registration under the provisions of that statute.
(5)(a) The provisions of ORS 475.525 (Sale of drug paraphernalia prohibited) to 475.565 (Civil penalty for violation of ORS 475.525) do not apply to a person who sells or delivers marijuana paraphernalia as defined in ORS 475B.376 (Unlawful sale or delivery of marijuana paraphernalia) to a person 21 years of age or older.
(b)In determining whether an object is drug paraphernalia under this section or marijuana paraphernalia under ORS 475B.376 (Unlawful sale or delivery of marijuana paraphernalia), a trier of fact shall consider, in addition to any other relevant factor, the following:
(A)Any oral or written instruction provided with the object related to the object’s use;
(B)Any descriptive material packaged with the object that explains or depicts the object’s use;
(C)Any national or local advertising related to the object’s use;
(D)Any proffered expert testimony related to the object’s use;
(E)The manner in which the object is displayed for sale, if applicable; and
(F)Any other proffered evidence substantiating the object’s intended use. [1989 c.1077 §1; 1995 c.440 §10; 2015 c.1 §75; 2017 c.17 §42a; 2017 c.21 §25]
Notes of Decisions
Selling or delivering drug paraphernalia is civil violation, not crime. Jackson County v. Roark, 124 Or App 505, 863 P2d 491 (1993), Sup Ct review denied
Law Review Citations
51 OLR 561 (1972); 69 OLR 171 (1990)