§ 9-39. Possession of drug paraphernalia.

(a)

It shall be unlawful for a person to possess drug paraphernalia, except marijuana accessories in the possession of anyone over the age of 21, with the intent to use the drug paraphernalia under circumstances in violation of the laws of the State of Colorado and the Town of Bayfield.

(b)

"Drug paraphernalia" shall mean any machine, instrument, tool, equipment, or device which is primarily designed and intended for one or more of the following:

(1)

To introduce into the human body any controlled substance under circumstances in violation of the laws of the State of Colorado and/or the Town of Bayfield:

(2)

To enhance the effect on the human body of any controlled substance under unlawful circumstances.

(3)

To conceal any quantity of any controlled substance under unlawful circumstances;

(4)

To test the strength, effectiveness, or purity of any controlled substance under unlawful circumstances.

(c)

Further, in determining whether an object is drug paraphernalia, the following may also be considered:

(1)

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

(2)

The proximity of the object to a controlled substance; or

(3)

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

(4)

Expert testimony concerning its use.

(Ord. No. 165, § I, 2-7-84; Ord. No. 381, § 2, 9-17-13)