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DRUG PARAPHERNALIA
NOTE: This
definition should be narrowly tailored to the evidence of the case. See
State v. Ruscoe, 212 Conn. 223, 252-54, (1989), cert. denied, 493
U.S. 1084, 110 S.Ct. 1124, 107 L.Ed.2d 1049 (1990) (the court's
definition was "very broad," but had not harmed the defendant because
the court narrowed it by relating it to the specific evidence in the
case).
"Drug
paraphernalia" refers to equipment, products and materials of any kind
which are used, 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 or concealing, or
ingesting, inhaling or otherwise introducing into the human body, any
controlled substance contrary to the provisions of this chapter
including, but not limited to:
(i) 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;
(ii) kits used,
intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances;
(iii)
isomerization devices used, intended for use in increasing the potency
of any species of plant which is a controlled substance;
(iv) testing
equipment used, intended for use or designed for use in identifying or
analyzing the strength, effectiveness or purity of controlled
substances;
(v) dilutents and
adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose
and lactose used, intended for use or designed for use in cutting
controlled substances;
(vi) 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;
(vii) capsules and
other containers used, intended for use or designed for use in packaging
small quantities of controlled substances;
(viii) containers
and other objects used, intended for use or designed for use in storing
or concealing controlled substances;
(ix) 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: Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes with screens, permanent screens, hashish heads or
punctured metal bowls; water pipes; carburetion tubes and devices;
smoking and carburetion masks; 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; miniature cocaine spoons, and
cocaine vials; chamber pipes; carburetor pipes; electric pipes;
air-driven pipes; chillums; bongs or ice pipes or chillers;
<Include as
appropriate:>
In addition to all other logically relevant factors, you may consider
the following in determining whether the item[s] (is / are) drug
paraphernalia.
(1) statements by
an owner or by anyone in control of the object concerning its use;
(2) the proximity
of the object to any controlled substances;
(3) the existence
of any residue of controlled substances on the object;
(4) 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 plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, or conceal any controlled
substance or inject, ingest, inhale, or introduce into the human body
any controlled substance;
(5) instructions,
oral or written, provided with the object concerning its use with a
controlled substance;
(6) descriptive
materials accompanying the object that explain or depict its use with a
controlled substance;
(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) 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.
_______________________________________________________
Source:
General Statutes § 21a-240 (20) (A) (applies to Chapter 420b:
Dependency Producing Drugs, §§ 21a-240 -- 21a-283a).
Commentary:
"This statute uses expansive words of inclusion. . . . These phrases
convey a clear intention that the items listed in the definition do not
constitute an exhaustive or exclusive list." State v. Jones, 51
Conn. App. 126, 137 (1998), cert. denied, 247 Conn. 958 (1999).
Although it is
unclear whether the language "intended for use or designed for use" in
General Statutes § 21a-240 (20) (a), defining drug paraphernalia, refers
to the defendant's mental state or the physical aspects of the object at
issue, it is worth noting that similar language was construed in
Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455
U.S. 489, 501, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982), as referring to
the physical aspects of the paraphernalia.
Glossary
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