§ 13-3018. SALE OF DRUG STEM INTENDED FOR ILLEGAL DRUG USE.

(a)

It is a violation of this section for any person or retail establishment to sell, or possess with intent to sell, a drug stem knowing that it will be used to ingest, inhale or otherwise introduce a controlled substance defined in G.S. 90-86 et seq. into the human body.

(b)

A drug stem is any object that facilitates the ingestion or inhalation of crack cocaine, crank methamphetamine or any other controlled substance defined by the North Carolina Controlled Substances Act. A drug stem is further defined as a two (2) to six (6) inch long tube, one-eighth ( 1/8 ) inch to three-quarter (¾) inch in diameter made of glass, metal, ceramic or any other material. Drug stems include, but are not limited to, glass vials or tubes which may contain novelty items of insignificant value or may contain items that are not packaged that way in the normal course of business.

(c)

In determining whether an item is a drug stem the following factors may considered along with any other evidence:

(1)

The proximity of the drug stem to a controlled substance.

(2)

The existence of any residue of a controlled substance on the drug stem.

(3)

The proximity of the drug stem to other drug paraphernalia as defined by the North Carolina Drug Paraphernalia Act.

(4)

Instructions provided with the drug stem concerning its use.

(5)

Advertising concerning its use.

(6)

The manner in which it is displayed for sale.

(7)

The existence and scope of legitimate uses of the drug stem in the community.

(Ord. No. 2007-327, §1, 11-20-07)