-CITE-
21 USC Sec. 863 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part D - Offenses and
Penalties
-HEAD-
Sec. 863. Drug paraphernalia
-STATUTE-
(a) In general
It is unlawful for any
person -
(1) to sell or offer for
sale drug paraphernalia;
(2) to use the mails or
any other facility of interstate commerce
to transport drug paraphernalia; or
(3) to import or export
drug paraphernalia.
(b) Penalties
Anyone convicted of an offense under subsection (a) of this section
shall be imprisoned for not more than three years and fined under title
18.
(c) Seizure
and forfeiture
Any drug paraphernalia
involved in any violation of subsection (a)
of this section shall be subject to seizure and forfeiture upon the
conviction of a person for such violation. Any such paraphernalia
shall be delivered to the Administrator of General Services,
General Services Administration, who may order such paraphernalia
destroyed or may authorize its use for law enforcement
or educational purposes by Federal, State, or local authorities.
(d) ''Drug
paraphernalia'' defined
The term ''drug paraphernalia''
means any equipment, product, or material
of any kind which is primarily intended or designed for use
in manufacturing, compounding, converting, concealing, producing,
processing, preparing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance,
possession of which is unlawful under this subchapter. It
includes items primarily intended or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, (FOOTNOTE 1)
cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines
into the human body, such as -
(FOOTNOTE 1) So in original.
Probably should be ''marihuana,''.
(1) metal, wooden, acrylic,
glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or
punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and
devices;
(4) smoking and carburetion
masks;
(5) 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;
(6) miniature spoons with
level capacities of one-tenth cubic centimeter
or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(11) chillums;
(12) bongs;
(13) ice pipes or chillers;
(14) wired cigarette papers;
or
(15) cocaine freebase kits.
(e) Matters
considered in determination of what constitutes drug paraphernalia
In determining whether an item
constitutes drug paraphernalia, in addition
to all other logically relevant factors, the following may be
considered:
(1) instructions, oral
or written, provided with the item concerning
its use;
(2) descriptive materials
accompanying the item which explain or
depict its use;
(3) national and local
advertising concerning its use;
(4) the manner in which
the item is displayed for sale;
(5) whether the owner,
or anyone in control of the item, is a legitimate
supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
(6) direct or circumstantial
evidence of the ratio of sales of the
item(s) to the total sales of the business enterprise;
(7) the existence and scope
of legitimate uses of the item in the
community; and
(8) expert testimony concerning
its use.
(f) Exemptions
This section shall not
apply to -
(1) any person authorized
by local, State, or Federal law to manufacture,
possess, or distribute such items; or
(2) any item that, in the
normal lawful course of business, is imported,
exported, transported, or sold through the mail or by any
other means, and traditionally intended for use with tobacco products,
including any pipe, paper, or accessory.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 422, as added and amended Pub. L. 101-647,
title XXIV, Sec. 2401(a)-(c), Nov. 29, 1990, 104 Stat. 4858,
4859; Pub. L. 106-310, div. B, title XXXVI, Sec. 3614, Oct. 17,
2000, 114 Stat. 1230.)
-COD-
CODIFICATION
The text of section 857(b)
to (f) of this title, which was transferred
to subsecs. (b) to (f) of this section by Pub. L.101-647, Sec. 2401(b),
was based on Pub. L. 99-570, title I, Sec. 1822(b)-(f), Oct. 27, 1986,
100 Stat. 3207-51; Pub. L. 100-690, title VI, Sec. 6485, Nov. 18, 1988,
102 Stat. 4384.
-MISC3-
AMENDMENTS
2000 - Subsec. (d). Pub.
L. 106-310 inserted ''methamphetamine,'' after
''PCP,'' in introductory provisions.
1990 - Subsec. (b). Pub.
L. 101-647, Sec. 2401(c)(1), substituted ''fined
under title 18'' for ''fined not more than $100,000''.
Pub. L. 101-647, Sec. 2401(b),
redesignated subsec. (b) of section
857 of this title as subsec. (b) of this section.
SeeCodification note
above.
Subsecs. (c) to (e). Pub.
L. 101-647, Sec. 2401(b), redesignated subsecs.
(c) to (e) of section 857 of this title as subsecs.
(c) to (e) of this section.
See Codification note above.
Subsec. (f). Pub. L. 101-647,
Sec. 2401(c)(2), made technical amendment
to reference to ''This section'' to correct reference to corresponding
provision of original act.
Pub. L. 101-647, Sec. 2401(b),
redesignated subsec. (f) of section
857 of this title as subsec. (f) of this section.
SeeCodification note
above.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in section 881 of this title; title 18
sections 1956, 3663.
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