80-475 CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO: 80-475
AN ORDINANCE AMENDING SECTION 920:70 OF THE HOPKINS
CODE OF ORDINANCES ; ADOPTING MINNESOTA STATUTES ANNOTATED
CHAPTER 152 BY REFERENCE ; AND ADDING PROVISIONS RELATING
TO AND PROHIBITING THE POSSESSION , MANUFACTURE , OR DELIVERY
OF DRUG PARAPHERNALIA
THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
That Section 920:70 of the 1977 Ordinance Code of the City of Hopkins
is hereby amended by adding thereto as follows :
That Subdivision C of said Ordinance be and is hereby repealed and there
is hereby adopted and enacted the following as such Subdivision C:
Subdivision C. DRUG PARAPHERNALIA The term "drug paraphernalia" means all
equipment, products and materials of any kind which are used, intended for use,
or designed for use, in planting , propogating, cultivating, growing , harvesting,
manufacturing, compounding, converting, producing, processing, preparing ,
testing , analyzing, packaging, repackaging, storing, containing, concealing ,
11110 injecting , ingesting, inhaling, or otherwise introducing into the human body a
controlled substance in violation of this Code. The term includes , but is not
limited to:
(1) Kits used, intended for use, or designed for use in planting,
propogating , 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 used, intended for use, or designed for use in manufacturing,
compounding, converting , producing, processing, or preparing controlled
substances ;
(3) Isomerization devices used, intended for use , or designed for use in
increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength , effectiveness or purity of controlled
substances ;
(5) Scales and balances used, intended for use , or designed for use in
weighing or measuring controlled substances ;
(6) Diluents and adulterants , such as quinine hydrocloride , mannitol ,
mannite , dextrose and lactose , used, intended for use, or designed for use in
cutting controlled substances ;
(7) 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;
(8) Blenders , bowls , containers , spoons and mixing devices used, intended
for use, or designed for use in compounding controlled substances ;
(9) Capsules, balloons , envelopes and other containers used, intended for
use , or designed for use in packaging small quantities of controlled substances ;
(10) Containers and other objects used, intended for use, or designed for
use in storing or concealing controlled substances ;
(11) Hypodermic syringes , needles and other objects used, intended for
use , or designed for use in parenterally injecting controlled substances into
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the human body;
(12) Objects used, 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:
(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 ;
110 (1 ) Bongs ;
(m) Ice Pipes or chillers ;
(13) All definition sections as set forth in Minnesota Statutes Annotated,
Section 152.01.
That Subdivisions 2 and 3 of Section 920:70 are hereby repealed and that
there is hereby adopted and enacted in lieu and in place thereof the following
subdivisions :
Subdivision 2 . STATE LAW INCORPORATEn RY REFFPFNCF Minnesota Statutes 1978
and Minnesota Statutes 1979 Supplement, both as amended by Laws 1980, Chapter
152, is hereby adopted as a part of the City Code and is incorporated by
reference as fully as if set forth herein. The City Clerk shall keep at least
one copy of Chapter 152 in his office and shall mark said copy as the "Official
Copy" which shall be open for examination and use by the public.
Subdivision 3. 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:
• (1) Statements by an owner or by anyone in control of the object concern-
ing 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) The proximity of the object, in time and space, to a direct violation
of this Ordinance ;
(4) The proximity of the object to controlled substances ;
(5) The existence of any residue of controlled substances on the object;
(6) 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 Ordinance; the innocence of an owner, or of anyone in control of the object,
as to a direct violation of this Ordinance shall not prevent a finding that the
object is intended for use, or designed for use as drug paraphernalia.
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(7) Instructions , oral or written, provided with the object concerning
its use ;
111 (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 sale;
(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) Direct 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.
0 Section 920:75 POSSESSION OR USE OF DRUG PARAPHERNALIA It is unlawful for any person
to use , or to possess with intent to use, drug paraphernalia to plant, propogate ,
cultivate , grow, harvest, manufacture, compound, convert, produce , prepare, test,
analyze, pack, repack, store, contain , conceal , or to inject , ingest , inhale or
otherwise introduce into the human body a controlled substance in violation of this
Ordinance.
Section 920:80 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA 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, propogate, cultivate, grow, harvest, manufacture ,
compound, convert, produce , process , prepare, test, analyze , pack, repack , store ,
contain , conceal , or to inject, ingest, inhale, or otherwise introduce into the human
body a controlled substance in violation of this Ordinance. Any person who violates
this section is guilty of a penal offense.
Section 920:85 DELIVERY OF DRUG PARAPHERNALIA TO A MINOR Any person 18 years of age
or over who violates Section 920:80 by delivering drug paraphernalia to a person under
18 years of age who is at least 3 years his junior is guilty of a special offense and
upon conviction may be imprisoned for not more than 90 days , fined not more than $500,
or both .
. Section 920:90 ADVERTISEMENT OF DRUG PARAPHERNALIA 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 advertisement in whole or in part , is to promote the sale of objects designed or
intended for use as drug paraphernalia. Any person who violates this section is
guilty of a penal offense.
Section 920:95 CIVIL FORFEITURE In addition to all forfeitures as set forth in
Minnesota Statutes Annotated, Section 152. 19, all drug paraphernalia as defined by
Subdivision C of this Ordinance is subject to forfeiture , subject to the provisions
set forth in Minnesota Statutes Annotated, Section 152 .19, Subdivision 2.
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Section 920:96 EXEMPTIONS The prohibitions set forth in this Ordinance shall
not apply to any person who is a licensed practioner, pharmacist, whole-
saler, or manufacturer, or any person who has a valid legal prescription
10 from a licensed practioner then requiring such person to use such drug
paraphernalia, nor to any authorized Police or other investigative law
officer who may conduct tests for or otherwise examine regular controlled
substances for evendentiary or other lawful purposes.
Section 920:98 SEVERABILITY If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid, the in-
validity does not affect other provisions or application, and to this end
the provisions of this Ordinance are severable.
First read at a regular meeting of the Council of the City of Hopkins
held on Tuesday, July 15, 1980, and finally read, approved, adopted and
ordered published at a regular meeting of said Council of said City on
Tuesday, August 5, 1980.
l3H cc42.L /Z
H. E. RICHARDSON, DONALD J. MIL ERT,
City Clerk Mayor Pro Tem
411 JOSEPH C. VESELY,
City Attorney
To be published in the HOPKINS SUN, August 13, 1980.
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