BILL NUMBER: AB 2169	INTRODUCED
	BILL TEXT


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,  no 
 a  person shall  not maintain or operate any place
of business in which drug paraphernalia is kept, displayed or
offered in any manner, sold, furnished, transferred or given 
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.   away. 

   (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.  
   (d) 
    (b)  As used in this section, "drug paraphernalia" means
all equipment, products, and materials of any kind  which
  that  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  which   that  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  which
  that  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  spoons,   spoons 
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. 
   (e) 
    (c)  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  materials,   materials 
accompanying the object  which   that 
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. 
   (f) 
    (d)  This section  shall   does
 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  (d)   (b)  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  (d)   (b)  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 
(d).   (b). 
   (g) 
    (e)  Notwithstanding any other  provision of
 law, including Section 11374,  a  violation of
this section  shall not constitute   is not
 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  such   that  business and
shall be grounds for denial of any future license, permit, or other
entitlement authorizing the conduct of  such  
that  business or any other business, if the business includes
the sale of drug paraphernalia.