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Criminal Jury Instructions  

Criminal Jury Instructions

 

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:>1  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.

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1  General Statutes § 21a-270.

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. 

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