Memo- Drug Paraphernalia Ordinance
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LMemorandum
To: Honorable Mayor and members ofthe City Council
cc: Rick Getschow, City Manager
From: Chief Craig A. Reid
Date: 09/21/2006
Re: Drug Paraphernalia Ordinance
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History
The Police Department has been asked to investigate the possibility of enacting a city ordinance to
regulate the sale of drug paraphernalia. Items such as crack pipes and marijuana pipes are sold at
three tobacco-based stores in Hopkins.
Any drug pipe found by a police officer with drug residue can been sized and held for evidence or
destroyed under existing state and federal drug laws.
In 1998 the City of Bloomington passed a city ordinance regulating sale and delivery of drug
paraphernalia to deter the use of controlled substances. In 2006 Police Officers from Bloomington
entered three businesses in their city and seized all items they felt were prohibited based on this
ordinance. The Bloomington City Attorney negotiated an agreement with owners of the three
businesses. The owners agreed to forfeiture of merchandise held by Police, pay a monetary fine and
to not display or sell these items in future. Bloomington PO has undertaken no further enforcement
action since the resolution of the three cases.
Background
The Bloomington ordinance includes items manufactured for the use in inhaling or smoking
controlled substances. Elements of proof require statements by the owner of the store concerning the
items use, or oral or written instructions that accompany the sale of the item, the manner of display in
the store, and expert testimony concerning the use of the items.
I have spoken to the owners of three tobacco stores in Hopkins and provided them with copies of the
ordinance enacted by Bloomington. All three owners state they are selling legitimate items not
restricted by any state or federal laws. None of the stores advertise the items for use with illegal
drugs. One owner does state he has refused sales to customers tell him that is there intended use. One
owner has called me since my meeting and informed me he is removing the items from his shelves.
Both of the others indicated a willingness to work with the City on this issue but do not want to
voluntarily remove the merchandise.
One owner has asked the Police Department to provide any study data that shows a reduction in
iIIegal drug use resulting from an ordinance such as this. I have been unable to find any study related
to this type of ordinance.
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These items can range in price from cheap crack pipes for under $10.00 to expensive marijuana water
pipes costing over $100.00 retail. One storeowner admitted these items have low wholesale costs and
are good profit centers for their business. Another owner denied that claim. I wiII bring examples of
these pipes to the meeting to aid in the discussion.
September 21,2006
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I have asked the City Attorney's Office to research language and history of the Bloomington
ordinance. Wynn Curtis will be present for our discussion to help answer legal questions.
A copy of the current Bloomington ordinance is attached to this memo.
The Police Department is seeking direction on this ordiance. I look forward to our discussion.
Here is an excerpt from From Wikipedia, the free encyclopedia, concerning use of crack pipes:
A woman smoking crack from a glass pipe
. Smoking freebase or crack cocaine is most often accomplished using a pipe made
from a small glass tube about one quarter-inch (about 6 mm) in diameter and on the
average, four inches long. These are sometimes called "stems", "horns", "blasters"
and "straight shooters," readily available in convenience stores or smoke shops.
They will sometimes contain a small paper flower and are promoted as a romantic
gift. Buyers usually ask for a "rose" or a "flower." An alternate method is to use a
small length of a radio antenna or similar metal tube. To avoid burning the user's
fingers and lips on the metal pipe, a small piece of paper or cardboard (such as a
piece torn from a matchbook cover) is wrapped around one end of the pipe and held
in place with either a rubber band or a piece of adhesive tape.
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twenty-five (25) days after the end of the preceding month and shall be a~mpan! d by a copy o! the month Iy
return filed with the state Gambling Control Board.' .
(COde, 1958 S 190.01; Om. No. 83-48, 11.21-8~ - repealed by petition 12/19/83; Ord. No. 84-9, 2-27..84J. Ord. No.
91..57, 9-9-91; Recodified by Om. No. 98-53. 11-16-98)
SEC. 12.55. DISTRIBUTION OF PROCEEDS. .
Each organization conducting lawful gambling within the City must expend at least thirty percent (30%) of its
lawful purpose expenditures on lawful purposes conducted or located within the City t?f Bloomington or any
municipality contiguous to the City of Bloomington. Annually. each organization must file with the City a report
prepared by an independent certified public accountant documenting compliance with this Section. In addition,
each organization must submit a report to the City each January listing all lawful purpose expenditures from
January 1 through December 31 of the preceding year. The report shall identify the name of the entity to whom
the check was written, the City location of the recipient and the amount of the donation.
(Code, 1958 S 1QO.02; Ord. No. 83-48, 11-21..83. repealed by petition 12/19183; Ord. No. 84-9~ 2-27-84; Ord. No.
91-57, 9-9-91: Recodified by Ord. No. 98-53, 11-16-98)
SEC.1'2.S6. LOCATION LIMITAnONS.
No organization shall be p~rmrtted to ~onduct lawful gambling in more than three (3) authorized locations
within the City. No more than three (3) organizations shall be permitted to conduct lawful gambling in any
authorized location within the City.
(Code, 1958 S 190.03; Ord. No. 83-48, 11-21..83 - repealed by petition 12/19/83; Ord. No. 84-9,2..27..84;
Recodified by Ord. No. 98-53, 11-16-98)
SEC. 12.57. CONTROL OF GAMBLING DEVICES AND PROCEEDS.
An organization conducting lawful gambling shall have exclusive control over all gambling equipmen~
money and records. Whenever the organization is not present. all gamblIng devices, money'and records shall be
securely locked.
(CodaJ 1958 S 190.04; OrrJ. No. 77-68, 10-3- n; Ord. No. 83-48J 11-21-83 - repealed by petition 12i"~183: Old.
No. 84-9, -2-27-84; Recodified by Ord. No. 98-53, 11-16.98)
SEC. 12.58. LAWFUL GAMBLING IN MALL OF AMERICA.
Lawful gambling and casino gaming events. as defined in Chapter 14 of the city Code, shall be permitted in ~.., \>
the Mall sf America on Iy in those on-sale intoxicating liquor establishments located on the fourth level of the Mall of
America; provided, however, that lawful gambling and casino gaming events may be conducted in on-sal
intoxicating liquor establishments located elsew~ere in the Mall of America solely in conjunction with private
special events that are not avaiJable for participation by the general public.
(Code. 1958 S 190.05; Ora. No. 83-48. 11-21-83 - repealed by petition 12/19/83; Ord. No. 8~9, 2-27-84; Ord. No.
91-57. 9-9-91; Rec~difi8d by Ord. No. 98-53, 11-16-98)
SEC. 12.58.01. RESERVED.
SEC..12.59. EFFECTIVE DATE.
This ordinance shall be upon publication.
(Code, 1958 S 180.01; Recodlfled by Ord. No. 98~53, 11-16-98)
SEC. 12.60. VIOLATIONS.
Violation of any provision of this Division shall be a misdemeanor.
(Code, 1958 S 173.01; Recodified by Ord. No. 98-53, 11-16-98)
Division K. Drug Paraphernalia
Recodified by Om. No. 98-53, 11-16-98
SEC. 12.61.. PURPOSE.
The purpose of this Division is to regulate the possession. manufacture,' advertisemen~ and delivery of drug
paraphernalia and thereby deter the use of controlled substances in the City. This Division is not intended to allow
what the Minnesota Statutes prohIbit nor to prohibit what the Mfnnesota Statutes expressly allow.
(Code. 1958 S 173.02; Recodified by o.rd. No. "98-53, 11-16-98)
SEC.12.62. DEFINmONS.
The following words and terms when used in this Division shall have the following meanings unless the
context clearly indicates otherwise: .
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Drug paraphernalia - all equjpmen~ products, and materials of any kjnd which are used, intended, for US~,
or designed for use in planting, propagating. cultivating, growing, harvestJ'19, 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 in
violation of Minnesota statutes or this Code. It includes, but is not limited to:
(a) Kits used, 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 wh ich a controlled substance can be derlved~
(b) kits used, intended for use, or designed for use in manufacturing. compounding, converting, producing,
processing, or preparing controlled substances;
(c) isomerization devices used, Intended for use, or designed for use in increasing the potency of any species
of plant which is a controlled substance; .
(d) testing equipment used. intended for use, or designed for use in Identifying or in analyzing the strength,
effectiveness, or purity of controlled substances:
(e) scates and balances used, intended for use. or designed for use in weighing or measuring controlled
substances;
(f) diluents and adulterants, such as quinine hydrochloride. mannitol. mannite, dextrose, and lactose, used,
Intended for use, or designed for use in outting controlled substances: .
(g) separation gins and sifters used, intended for use. or designed for use in removing twigs and seeds from, or
in otherwise cleaning or refining. marijuana;
(h) bl~nde~. bowls, containers. spoons, and mixing devices used, intended for use, or designed for use in
compounding contl'911ed substances; .
0) capsules, balloons, envelopes, and other containers used. intended for use, or designed for use in
packaging small quantities of controned subsiances; .
m containers and other objects used, intended for use, or designed for use in storing or concealing controlled
substances;
(k) hypodermic syringes, needles, and other objects used, intended fur use, or designed for use in parenterally
injected controlled substances into the human body;
(I) objects used, intend,ed for use, or designed for use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured r:netal bowts;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and oarburetion masks;
(5) roach clips, meaning objects used to hold burning material such as a marijuana cigarette which has
become too small or too short to be held in the hand; ,
(6) ,miniature cocaine spoons and cocaine vials;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(1 0) air~riven pipes;
(11) chiJIums;
(12) bongs;
(13) ice pipes or chillers. .
(Added by Ord. No. 91-57, 9-9..91J' Recodified by OrrJ. No. 98-53, 11-18-98)
SEC. 12.62.01. RESERVED.
(CodeJ 1958 S 201.01,' Village Ora. No. 24, 9-29-53; Village Ord. No. 88, 9-4-56; Om. No. 186, 4-34-59; Ord. No.
192, 6-4-59; Renumbered by Ord. No. 91-57, 9-9-91; Recodified by Ord. No. 98-53, 11-16-98)
SEC. 12.63. EVIDENCE. I
1n determining whether an objec~ is drug paraphernalia. a court or other authority should consider, in
addition to all other logically relevant faotors. 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 anyone in control of the object under state or federal law
relating to any controlled substance;
(3) the proximity of the object. in time and space, to a direct violation of this Code;
(4) the proximity of the object to controlled substances;
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(5) the existence of any residue of controlled substances on the object;
(6) direct or circumstantial evidence of the intent of an owner or anyone in.control of the .object to deliver
it to persons who he or she knows, or should reasonably knowr intend to use the object to facilitate a
violation of this Code: the innocence of an owner or anyone in control of the object as to a direct
violation of this Code should not prevent a finding that the object is intended for use or designed for
use as drug paraphemalia;
. (7) instructions, oral or written. provided with the object concerning its use~
(8) descriptive materials accompanying the object which explain or depict its use;
(9) national and local advertising concerning its use;
(10) the manner in which the object is displayed for sal~:
(11) 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;
(12) dlrect or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business
enterprise: . ,
(13) the existence and scope of legitimate uses for the object in the community;
(14) expert testimony concerning its use.
(Code, 1958 S 201.02; Ord. No. 186) 4-23-59; Ord. No. 91-57. 9-9-91; ReGodlfled by Ord. No. 98-53, 11~16-98)
SEC. 12.64. OfFENSES..
(a) . Possession. It is unlawful for any person to use or to possess with intent to use drug paraphernalia to
plant, propagate, cultivate. grow, harvest. manufacture, compound, convert, produce, process, prepare, test.
analyze. pack. repack, store. contain, conceal. injec~ ingest, inhale, or otherwise introduce into th human
body a <;ontrolled substance in violation of this Division.
(b) Manufacture or Delivery. It Is .unlawful for any person to deliver, possess with intent to deliver. or
manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate, grow. harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze. pack. repack, store, contain; conceal, inject
ingest. inhale, or otherwise introduce Into the human body a controlled substance in violation of this
Division. . .
(e) Minors. Any person 18 years of age or over who violates subsection (b) above by delivering drug
paraphernalia and said delivery is to a person who is under 18 years of age and .at least three years his
junior shall also be violating this subdivisioo as well as Subdivision (b) above.
(d) Advertisement. It is unlawful for any person to place In any newspaper. magazine. handbill. or other
publication any advertisement knowing, or under circumstances where one reasonably should know, that
the purpose of the advertisemen~ in whole or in part:. is to promote the sale of objects designed or intended
for use as drug paraphemalia.
(Code, 1958 S 201.03; Adrkd by Ord. No. 186.4--23-59: Om. No. 63-28, 8-26-63; Ord. No. 65-70. 9-27-65; Om.
No. 65-82, 10-18-65; Ord. No. 65-931 11-1-65; Ord. No. 87-71, 10-5-87,' Ord. No. 91-57, 9.9-91; Recodified by Ord.
No. 98-53, .11-16-98)
SEC. 12.85. PENAL TV.
Violation of any provision of this Division shall be a misdemeanor, and each day of violation shall be
considered a separate offense.
(Cod., 1958 S 20.1.04; Added by Oro. No. 186. 4-23-59;'Ord. No. 91-57, 9-9-91; Recodified by Ord. No. 98-53,
11-16--98)
SEC. 12.65.01. RESERVED.
(Added by Om. No. 91-57,9-9-91; Recodifiea by Ord. No. 98-53, 11-16-98)
SEC..12..66. CIVIL FORFI!ITURE.
All drug paraphernalia as defined in this DMsion are subject to forfeiture, subject to the provisions set forth
in Minnesota Statutes.
(Code, 1968 S 201.05~' Added by Ord. No. 72-11, 1-24-72; Ord. No. 91-571 9-9-91; Recodified 6y Ord. No. 98-53,
11..16-98)
SEC. 12.67. SEVERABILITY.
If any provision of this Divis;on or the application thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this Division which can be given effect without the
invalid provision or applicatJon, and to this end, the provisions of this Division are se"erable.
(Code, 1958 S 203.01; Recodified by Drd. No. 98-53, 11-16-98)
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