California Legislature—2015–16 Regular Session

Assembly Bill No. 2169

Introduced by Assembly Member Travis Allen

February 17, 2016

An act to amend Section 11364.5 of the Health and Safety Code, relating to drug paraphernalia.

LEGISLATIVE COUNSEL’S DIGEST

AB 2169, as introduced, Travis Allen. Drug paraphernalia retailers.

Existing law generally prohibits the operation of a place of business in which drug paraphernalia is sold unless the drug paraphernalia is kept within a separate room or enclosure to which persons under 18 years of age who are not accompanied by a parent or legal guardian are excluded. Existing law prohibits an owner or person in charge of such a room or enclosure from allowing any person under 18 years of age to enter the room or enclosure unless accompanied by his or her parents or legal guardian, and prohibits a person under 18 years of age from being in that room or enclosure unless accompanied by his or her parents or legal guardian. Under existing law, a violation of these provisions is not a criminal offense but is grounds for the denial, revocation, or nonrenewal of any license, permit, or other entitlement issued for the privilege of engaging in that business.

This bill would instead prohibit a person from maintaining or operating a place of business in which drug paraphernalia sold, except as authorized by law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11364.5 of the Health and Safety Code
is amended to read:

11364.5.  

(a) Except as authorized by law, begin delete no end delete begin insert a end insert person shall
begin insert not end insert maintain or operate any place of business in which drug
paraphernalia is kept, displayed or offered in any manner, sold,
furnished, transferred or given begin delete away unless such drug paraphernalia
is completely and wholly kept, displayed or offered within a
separate room or enclosure to which persons under the age of 18
years not accompanied by a parent or legal guardian are excluded.
Each entrance to such a room or enclosure shall be signposted in
reasonably visible and legible words to the effect that drug
paraphernalia is kept, displayed or offered in such room or
enclosure and that minors, unless accompanied by a parent or legal
guardian, are excluded. end delete begin insert away. end insert

begin delete

(b)  Except as authorized by law, no owner, manager, proprietor
or other person in charge of any room or enclosure, within any
place of business, in which drug paraphernalia is kept, displayed
or offered in any manner, sold, furnished, transferred or given
away shall permit or allow any person under the age of 18 years
to enter, be in, remain in or visit such room or enclosure unless
such minor person is accompanied by one of his or her parents or
by his or her legal guardian.

(c)  Unless authorized by law, no person under the age of 18
years shall enter, be in, remain in or visit any room or enclosure
in any place of business in which drug paraphernalia is kept,
displayed or offered in any manner, sold, furnished, transferred or
given away unless accompanied by one of his or her parents or by
his or her legal guardian.

end delete begin delete

(d)

end delete

begin insert (b) end insert  As used in this section, “drug paraphernalia” means all
equipment, products, and materials of any kind begin delete which end delete begin insert that end insert are
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. “Drug paraphernalia” includes, but is not
limited to, all of the following:

(1) Kits intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant begin delete which end delete begin insert that end insert is a controlled substance or from which a
controlled substance can be derived.

(2) Kits intended for use or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.

(3) Isomerization devices intended for use or designed for use
in increasing the potency of any species of plant begin delete which end delete begin insert that end insert is a
controlled substance.

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

(5) Scales and balances intended for use or designed for use in
weighing or measuring controlled substances.

(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, intended for use or
designed for use in cutting controlled substances.

(7) Separation gins and sifters intended for use or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana.

(8) Blenders, bowls, containers, spoons, and mixing devices
intended for use or designed for use in compounding controlled
substances.

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

(10) Containers and other objects intended for use or designed
for use in storing or concealing controlled substances.

(11) Hypodermic syringes, needles, and other objects intended
for use or designed for use in parenterally injecting controlled
substances into the human body.

(12) Objects 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 the following:

(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 begin delete spoons, end delete begin insert spoons end insert and cocaine vials.

(G) Chamber pipes.

(H) Carburetor pipes.

(I) Electric pipes.

(J) Air-driven pipes.

(K) Chillums.

(L) Bongs.

(M) Ice pipes or chillers.

begin delete

(e)

end delete

begin insert (c) end insert  In determining whether an object is drug paraphernalia, a
court or other authority may 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) Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any
controlled substance.

(3) 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 or she knows, or should reasonably know, intend to use the
object to facilitate a violation of this section. The innocence of an
owner, or of anyone in control of the object, as to a direct violation
of this section shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia.

(4) Instructions, oral or written, provided with the object
concerning its use.

(5) Descriptive begin delete materials, end delete begin insert materials end insert accompanying the object
begin delete which end delete begin insert that end insert explain or depict its use.

(6) National and local advertising concerning its use.

(7) The manner in which the object is displayed for sale.

(8) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products.

(9) The existence and scope of legitimate uses for the object in
the community.

(10) Expert testimony concerning its use.

begin delete

(f)

end delete

begin insert (d) end insert  This section begin delete shall end delete begin insert does end insert not apply to any of the following:

(1) Any pharmacist or other authorized person who sells or
furnishes drug paraphernalia described in paragraph (11) of
subdivision begin delete (d) end delete begin insert (b) end insert upon the prescription of a physician, dentist,
podiatrist or veterinarian.

(2) Any physician, dentist, podiatrist or veterinarian who
furnishes or prescribes drug paraphernalia described in paragraph
(11) of subdivision begin delete (d) end delete begin insert (b) end insert to his or her patients.

(3) Any manufacturer, wholesaler or retailer licensed by the
California State Board of Pharmacy to sell or transfer drug
paraphernalia described in paragraph (11) of subdivision begin delete (d). end delete begin insert (b). end insert

begin delete

(g)

end delete

begin insert (e) end insert  Notwithstanding any other begin delete provision of end delete law, including
Section 11374, begin insert a end insert violation of this section begin delete shall not constitute end delete begin insert is
not end insert a criminal offense, but operation of a business in violation of
the provisions of this section shall be grounds for revocation or
nonrenewal of any license, permit, or other entitlement previously
issued by a city, county, or city and county for the privilege of
engaging in begin delete such end delete begin insert that end insert business and shall be grounds for denial of
any future license, permit, or other entitlement authorizing the
conduct of begin delete such end delete begin insert that end insert business or any other business, if the business
includes the sale of drug paraphernalia.