§ 8.300. Definitions.

For the purposes of this subtitle, the following words and phrases have the following meanings unless the context otherwise requires:

(a)

Controlled dangerous substance means any drug, substance or immediate precursor listed in article 27, section 279, Annotated Code of Maryland, including any future amendments thereto. The term shall not include distilled spirits, wine, malt beverages or tobacco as those terms are set in article 2B, Annotated Code of Maryland.

(b)

Drug paraphernalia means all equipment, products and materials of any kind which are intended for use, or designed for use, in planting, propagating, cultivation, 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 section 276 et seq. of article 27, Annotated Code of Maryland. It includes but is not limited to:

(1)

Kits designed or specially adapted for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;

(2)

Kits designed or specially adapted for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;

(3)

Isomerization devices designed or specially adapted for use in increasing the potency of any species of plant which is a controlled dangerous substance;

(4)

Testing equipment designed or specially adapted for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;

(5)

Scales and balances designed or specially adapted for use in weighing or measuring controlled dangerous substances;

(6)

Dilutents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, designed or specially adapted for use in cutting controlled dangerous substances;

(7)

Separation gins and sifters designed or specially adapted for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;

(8)

Blenders, bowls, containers, spoons and mixing devices designed or specially adapted for use in packaging small quantities of controlled dangerous substances;

(9)

Capsules, balloons, envelopes and other containers designed or specially adapted for use in packaging small quantities of controlled dangerous substances;

(10)

Containers and other objects designed or specially adapted for use in storing or concealing controlled dangerous substances;

(11)

Hypodermic syringes, needles and other objects designed or specially adapted for use in parenterally injecting controlled dangerous substances into the human body;

(12)

Objects designed or specially adapted for use in ingesting, inhaling or otherwise introducing marihuana, 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 material, such as a marihuana 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)

Chilams;

(xii)

Bongs;

(xiii)

Ice pipes or chillers.

(c)

In determining whether an object is drug paraphernalia, a court or other authority may consider, if otherwise admissible, in addition to all other logically relevant factors, the following:

(1)

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

(2)

Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled dangerous substance;

(3)

The proximity of the object, in time and space, to a direct violation of section 276 et seq. of article 27, Annotated Code of Maryland;

(4)

The proximity of the object to controlled dangerous substances;

(5)

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

(6)

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 section 276 et seq. of article 27, Annotated Code of Maryland; the innocence of an owner, or of anyone in control of the object, as to a direct violation of section 276 et seq. of article 27, Annotated Code of Maryland, shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(7)

Instructions, oral or written, provided with the object concerning its use;

(8)

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

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

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;

(12)

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

(13)

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

(14)

Expert testimony concerning its use.

(d)

The definitions contained in article 27, section 277, Annotated Code of Maryland, including any future amendments thereto, are adopted and incorporated by reference and have the same force and effect as if set out in full in this subtitle.

(C.B. 1, 1980)