§ 20-4. Drug paraphernalia—Prohibited acts, definitions, factors, exceptions, and penalties.

(a)

It shall be unlawful for any person to advertise for sale, manufacture, possess, sell, or deliver drug paraphernalia, in the unincorporated area of the county. The following terms, when used in this section, shall have the meanings ascribed to it in this section, except where the context clearly indicates a different meaning:

Deliver or delivery shall mean the actual, constructive, or attempted transfer of a controlled drug or drug paraphernalia whether or not there exists an agency relationship.

Drug paraphernalia shall mean any instrument, device, article, or contrivance used, designed for use, or actually intended by the user(s) described herein, for using, ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil, heroin, cocaine, crack, crank or any other illegal drug or illegal controlled substance, or actually intended by the user(s) described herein, to facilitate as described above the unlawful use or abuse of lawful drugs or lawful controlled substances.

(b)

Drug paraphernalia may include, but is not limited to:

(1)

Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana or hashish pipes with our without screens, permanent screens, hashish heads or punctured metal bowls;

(2)

Water pipes designated for use or intended for use with marijuana, hashish, hashish oil, cocaine, or other controlled substances;

(3)

Carburetion tubes and devices;

(4)

Smoking and carburetion masks;

(5)

Roach clips;

(6)

Separation gins designed for use or intended for use in cleaning marijuana;

(7)

Cocaine spoons and vials;

(8)

Chamber pipes;

(9)

Carburetor pipes;

(10)

Electric pipes;

(11)

Air-driven pipes;

(12)

Chilams;

(13)

Bongs;

(14)

Ice pipes or chillers;

(15)

Heroin spoons; or spoons used in the same manner for other controlled substances;

(16)

Pill presses and other mechanical devices used to convert controlled substances into a form which can be ingested;

(17)

Blotter paper, or any other material which is saturated with, or intended to be saturated with a controlled substance;

(18)

Scales, measuring spoons, measuring cups, or any pharmaceutical measuring device;

(19)

Crack pipes, or any device fashioned to be a crack pipe or for meth;

(20)

Any part of a hypodermic needle or syringe except as may be authorized by the laws of the State of South Carolina; and

(21)

Cigars hollowed out for use or intent of use with marijuana.

(c)

Factors determining drug paraphernalia. In determining whether an object is drug paraphernalia, a court of competent jurisdiction shall consider in addition to all other logically relevant factors, the following:

(1)

The statements by an owner or by anyone in control of the object concerning its use;

(2)

The proximity of the object to controlled substances;

(3)

The existence of any residue of controlled substances on the object;

(4)

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 this article. The innocence of an owner or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;

(5)

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

(6)

Descriptive materials accompanying the object which explain or depict its use;

(7)

National or local advertising concerning its use;

(8)

The manner in which the object is displayed for sale;

(9)

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;

(10)

Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; and

(11)

The existence and scope of legitimate use for the object in the community.

(d)

Exceptions. The provisions of this article shall not apply to the manufacture, sale, distribution or advertisement of any product or object designed and sold primarily for scientific research, industrial, veterinary, educations, or agricultural purpose, or for bona fide medical or clinical use.

(e)

Penalty for violation. Any person who is found guilty by a court of competent jurisdiction of violating the provisions of this section shall be subject to the penalties set forth in section 1-7 of the Oconee County Code of Ordinances, entitled General penalty; continuing violations, except where specific penalties are expressly authorized or required by the South Carolina Code of Laws, 1976, as amended.

(Ord. No. 2014-20, § 5(Exh. B), 10-7-2014)