As used in this chapter, the following words, terms and phrases shall have the following respective meanings ascribed to them:

A. "Controlled substance" means any substance, or its immediate precursor, listed in Schedules I through V, inclusive, of Article II of Chapter 69.50 of the Revised Code of Washington.

B. "Deliver" means the actual, constructive, or attempted transfer from one person to another of drug paraphernalia whether or not there is an agency relationship.

C. "Drug paraphernalia" means all equipment, products and materials of any kind which are principally intended 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 Chapter 69.50 of the Revised Code of Washington. It includes, but is not limited to:

a. Kits principally intended 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;

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

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

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

e. Scales and balances principally intended or designed for use in weighing or measuring controlled substances;

f. Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, principally intended or designed for use in cutting controlled substances;

g. Separation gins and sifters principally intended or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

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

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

j. Containers and other objects principally intended or designed for use in storing or concealing controlled substances;

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

l. Objects principally intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, 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 marijuana 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;

2. In determining whether an object is drug paraphernalia, a court or other authority should 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. The proximity of the object, in time and space, to a direct violation of this chapter or Chapter 69.50 of the Revised Code of Washington;

c. The proximity of the object to controlled substances;

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

e. 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 this chapter or Chapter 69.50 of the Revised Code of Washington; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

f. Instructions, oral or written, provided with the object which explain or depict its use;

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

h. National and local advertising concerning its use;

i. The manner in which the object is displayed for sale;

j. 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;

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

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

m. Expert testimony concerning its use.

D. "Immediate precursor" means a substance which the State Board of Pharmacy has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

E. "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container; except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance by a practitioner, as defined by Chapter 69.50 of the Revised Code of Washington, as an incident to administering or dispensing of a controlled substance in the course of the practitioner’s practice, nor does this term include the preparation, compounding, packaging, or labeling of a controlled substance by a practitioner, as defined by Chapter 69.50 of the Revised Code of Washington, or by an authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

F. "Marijuana" means all parts of the plant of the genus Cannabis 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 resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

G. "Person" means individual, corporation, government or governmental subdivision of agency, business trust, estate, trust, partnership or association or any other legal entity. (Ord. 2477 § 1 (part), 1980).