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BULLET St. Louis City Revised Code Chapter 11.61 Paraphernalia for Use With Illegal Drugs

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.61
Paraphernalia for Use With Illegal Drugs

Sections:

11.61.010 Definitions.
11.61.020 Possession, delivery and manufacture of drug paraphernalia prohibited.
11.61.030 Penalty for violation.
11.61.040 Additional court costs for violation of chapters 11.60 and 11.61.

Prior ordinance history:

Ord. 61507.

11.61.010 Definitions.

For purposes of this chapter the following words and phrases shall have the following meanings:

A. "Deliver" means the actual, constructive, or attempted transfer from one person to another of drug paraphernalia, whether or not there is an agency relationship, and includes a sale.

B. "Drug paraphernalia" means:

1. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, other illegal controlled substances, or imitation controlled substances into the human body as defined under either federal law or Missouri State law, including, but not limited to:

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 marihuana cigarette, that has become too small or too short to be held in the hand,

f. Miniature cocaine 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,

n. any other objects commonly used or adapted for use in ingesting, inhaling or otherwise involving a controlled substance, regardless if such object has another intended use;

2. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

a. Statements by an owner or by anyone in control of the object concerning its use,

b. 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, imitation controlled substance, or drug paraphernalia,

c. The proximity of the object, in time and space, to a direct violation of state or federal laws concerning use or sale of controlled substances,

d. The proximity of the object to controlled substances or imitation controlled substances on the object,

e. The existence of any residue of controlled substances or imitation controlled substances on the object,

f. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to per-sons who he knows, or should reasonably know, intend to use the object to facilitate a violation of state or federal laws concerning use or sale of controlled substances; the innocence of an owner, or of anyone in control of the object, as to direct violation state or federal laws concerning use or sale of controlled substances; shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia,

g. Instructions, oral or written, provided with the object concerning its use,

h. Descriptive materials accompanying the object which explain or depict its use,

i. National or local advertising concerning its use,

j. The manner in which the object is displayed for sale,

k. 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,

l. Direct or circumstantial evidence of the ratio of sales of the object or similar objects to the total sales of the business enterprise,

m. The existence and scope of legitimate uses for the object in the community,

n. Expert testimony concerning its use,

o. Where the object has been or is being offered for sale, the manner in which the object is displayed and the number of similar objects displayed.

C. "Person" means individual, corporation, firm, business trust, estate, trust, partnership or association, or any other legal entity.
(Ord. No. 68404, 1, 7-7-2009: prior: Ord. 66419 2 (part), 2004.)

11.61.020 Possession, delivery and manufacture of drug paraphernalia prohibited.

It is unlawful for any person to use, possess with intent to use, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia as defined in Section 11.61.010.
(Ord. 66419 2 (part), 2004.)

11.61.030 Penalty for violation.

Any person found guilty of violating the provisions of Section 11.61.020 shall be fined no less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) or by imprisonment up to ninety (90) days or by both fine and imprisonment.
(Ord. 66419 3, 2004.)

11.61.040 Additional court costs for violation of chapters 11.60 and 11.61.

It is hereby imposed that the municipal division judge or associate circuit judge may assess an additional court cost of up to one hundred fifty dollars ($150.00) per municipal ordinance violation of Chapters 11.60 and 11.61 of the Revised Code of the City of St. Louis, in which a crime laboratory makes analysis of a controlled substance. The cost shall be collected by the Clerk of the City Courts and the Clerk shall pay said funds into the City treasury monthly.
(Ord. No. 68405, 1, 7-7-2009.)

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