11364.5
. (a) Except as authorized by law, no person shall 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.
(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) As used in this section, "drug paraphernalia" means all
equipment, products, and materials of any kind which 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 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 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, 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) 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, accompanying the object which 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) This section shall 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) 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) 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).
(g) Notwithstanding any other provision of law, including Section
11374, violation of this section shall not constitute 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
business and shall be grounds for denial of any future license,
permit, or other entitlement authorizing the conduct of such business
or any other business, if the business includes the sale of drug
paraphernalia.