§ 13-16. Definition.

(a)

As used in this article, "drug paraphernalia" means any instrument, device, article or contrivance used, designed for use, or intended for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oil or cocaine and shall not include cigarette papers and tobacco pipes but shall include, but not be limited to:

(1)

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

(2)

Water pipes designed for use or intended for use with marijuana, hashish, hashish oil or cocaine;

(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.

(b)

In determining whether an object is paraphernalia, a court or other authority shall 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)

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 law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law 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 and 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 to the total sales of the business enterprise;

(11)

The existence and scope of legitimate uses for the object in the community;

(12)

Expert testimony concerning its use.

(Ord. No. 14-81, Art. I, 10-13-81)

State law reference

Similar provisions, S.C. Code 1976, §§ 44-53-110, 44-53-391(b).