§ 12-12. Possession of marijuana and drug paraphernalia.

(a)

Definitions.

(1)

Drug paraphernalia means all 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, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this state. "Drug paraphernalia" includes, but is not limited to:

a.

Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances under circumstances in violation of the laws of this state;

b.

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

c.

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;

d.

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

e.

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

f.

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

g.

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:

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 marijuana cigarette that has become too small or too short to be held in the hand;

6.

Miniature cocaine spoons and cocaine vials;

7.

Chamber pipes;

8.

Carburetor pipes;

9.

Electric pipes;

10.

Air-driven pipes;

11.

Chillums;

12.

Bongs; or

13.

Ice pipes or chillers.

(2)

Marihuana or marijuana means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as "marihuana" in this subsection (a). "Marihuana" does not include marihuana concentrate as defined in subsection (2) of this section.

(3)

Marihuana concentrate means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols.

(b)

Prohibitions.

(1)

It shall be unlawful for any person to possess marijuana.

(2)

Any charges brought against an individual for possession of greater than one (1) ounce of marijuana, or for marijuana concentrate, shall not be within the jurisdiction of the municipal court by virtue of this section, but shall be prosecuted pursuant to state statute.

(3)

It shall be unlawful for any person to possess drug paraphernalia if he knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of the city and State of Colorado. In determining whether an object is drug paraphernalia, the court, in its discretion, may consider, in addition to all other relevant factors, the following:

a.

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

b.

The proximity of the object to controlled substances;

c.

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

d.

Expert testimony concerning its use.

(Ord. No. 19-1998, 7-14-98, eff. 7-24-98; Ord. No. 9-1999, 5-25-99, eff. 6-4-99)