[7] 5 - Possession of Drug Paraphernalia

A person who knowingly possesses drug paraphernalia intended for the manufacture, preparation, processing, packaging, storage, concealment, injection, inhalation, or consumption of an Illicit Substance, or a Prescription Substance possessed in violation of [7] 6 - Possession of a Controlled Substance, is guilty under this code.

This section shall not apply to:

• A person lawfully possessing a prescription substance pursuant to a valid prescription issued by a licensed medical practitioner.
• A person possessing items used for medications that are legally available without a prescription.
• A person twenty-one (21) years of age or older lawfully possessing or consuming cannabis in compliance with the Cannabis Regulation and Licensing provisions of [7] 6 - Possession of a Controlled Substance.
• A licensed cannabis business, or its employees acting within the scope of their employment, possessing equipment or accessories used in the lawful cultivation, processing, packaging, transportation, storage, or sale of cannabis.
• Any item whose primary lawful purpose is unrelated to illegal drug use, unless there is probable cause to believe the item is intended to facilitate a violation of [7] 6 - Possession of a Controlled Substance.

For the purposes of this code, drug paraphernalia may include, but is not limited to:

• Rolling papers, wraps, and cigars when possessed for the unlawful consumption or distribution of controlled substances.
• Bongs and hookahs when possessed for the unlawful consumption of controlled substances.
• Smoking pipes primarily intended for the unlawful consumption of controlled substances.
• Needles, syringes, small spoons, or similar devices intended for unlawful drug use.
• Straws or paper tubes, small mirrors, razor blades, cards, or similar items intended for the preparation or ingestion of unlawfully possessed controlled substances.
• Aerosol cans, glue tubes, balloons, nozzles, rags, or similar items intended for the inhalation or abuse of intoxicating substances.

The mere possession of an item listed above shall not, by itself, constitute a violation of this code. The State must establish that the item was intended to be used in connection with conduct prohibited by [7] 6 - Possession of a Controlled Substance.