§ 14-151. Definitions.

(a)

For the purposes of this Division:

(1)

Controlled dangerous substance means any drug, substance, or immediate precursor listed in Subtitle 5 of the Criminal Law Article, Annotated Code of Maryland, including any future amendments thereto. The term shall not include distilled spirits, wine, malt beverages, or tobacco as those terms are set in Article 2B, Annotated Code of Maryland.

(2)

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, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of Subtitle 5 of the Criminal Law Article, Annotated Code of Maryland. It includes but is not limited to:

(A)

Kits intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;

(B)

Kits intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances;

(C)

Isomerization devices intended for use, or designed for use, in increasing the potency of any species of plant which is a controlled dangerous substance;

(D)

Testing equipment intended for use, or designed for use, identifying or in analyzing the strength, effectiveness, or purity of controlled dangerous substances;

(E)

Scales and balances intended for use, or designed for use, in weighing or measuring controlled dangerous substances;

(F)

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use, or designed for use, in cutting controlled dangerous substances;

(G)

Separation gins and sifters intended for use, or designed for use, in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;

(H)

Blenders, bowls, containers, spoons, and mixing devices intended for use, or designed for use, in compounding controlled dangerous substances;

(I)

Capsules, balloons, envelopes, and other containers intended for use, or designed for use, in packaging small quantities of controlled dangerous substances;

(J)

Containers and other objects intended for use, or designed for use, in storing or concealing controlled dangerous substances;

(K)

Hypodermic syringes, needles, and other objects intended for use, or designed for use, in parenterally injecting controlled dangerous substances into the human body;

(L)

Objects intended for use, or designed for use, in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body such as:

(i)

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

(ii)

Water pipes;

(iii)

Carburetion tubes and devices;

(iv)

Smoking and carburetion masks;

(v)

Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

(vi)

Miniature cocaine spoons and cocaine vials;

(vii)

Chamber pipes;

(viii)

Carburetor pipes;

(ix)

Electric pipes;

(x)

Air-driven pipes;

(xi)

Chillums;

(xii)

Bongs;

(xiii)

Ice pipes or chillers.

(xiv)

Cigarette rolling papers, as defined by Section 14-155.01 of this division.

(3)

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(A)

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

(B)

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 dangerous substance;

(C)

The proximity of the object, in time and space, to a direct violation of Subtitle 5 of the Criminal Law Article, Annotated Code of Maryland;

(D)

The proximity of the object to controlled dangerous substances;

(E)

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

(F)

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 Subtitle 5 of the Criminal Law Article, Annotated Code of Maryland; the innocence of an owner, or of anyone in control of the object, as to a direct violation of Subtitle 5 of the Criminal Law Article, Annotated Code of Maryland, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

(G)

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

(H)

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

(I)

National and local advertising concerning its use;

(J)

The manner in which the object is displayed for sale;

(K)

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;

(L)

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

(M)

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

(N)

Expert testimony concerning its use.

(4)

The definitions contained in Subtitle 5 of the Criminal Law Article, Annotated Code of Maryland, including any future amendments thereto, are adopted and incorporated by reference and have the same force and effect as if set out in full in this Division.

(CB-152-1979; CB-47-2008; CB-6-2009)