Bill Text: CA AB261 | 2015-2016 | Regular Session | Amended
Bill Title: Drug paraphernalia retailers.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB261 Detail]
Download: California-2015-AB261-Amended.html
BILL NUMBER: AB 261 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Travis Allen
FEBRUARY 9, 2015
An act to amend Section 11364.5 of the Health and Safety Code,
relating to cigarettes and tobacco products.
drug paraphernalia.
LEGISLATIVE COUNSEL'S DIGEST
AB 261, as amended, Travis Allen. Cigarettes and tobacco
products: Drug paraphernalia retailers.
The California Cigarette and Tobacco Products Licensing Act of
2003 requires a retailer to have and maintain a license from the
State Board of Equalization to engage in the sale of cigarette and
tobacco products in California.
Existing law prohibits prohibits, except
as authorized, a person from maintaining or operating any place
of business in which drug paraphernalia is kept, displayed, or
offered in any manner, sold, furnished, transferred, or given away,
unless that drug paraphernalia is completely and wholly kept,
displayed, or offered within a separate room or enclosure to which
persons under 18 years of age not accompanied by a parent or legal
guardian are excluded. excluded, prohibits an
owner, manager, proprietor, or person in charge of such a room or
enclosure from allowing any person under 18 years of age to enter the
room or enclosure unless accompanied by his or her parents or legal
guardian, and prohibits a person under 18 years of age from being in,
remaining in, or visiting that room or enclosure unle ss
accompanied by his or her parents or legal guardian. Under
existing law, a violation of that provision
those provisions is not a criminal offense, but is grounds for
revocation or nonrenewal of any license, permit, or other entitlement
previously issued by a city, county, or city and county for the
privilege of engaging in that business and is grounds for denial of
any future license, permit, or other entitlement authorizing the
conduct of that business or any other business, if the business
includes the sale of drug paraphernalia.
This bill would instead prohibit a person from maintaining or
operating a place of business described above unless the
person has in place and maintains a license to engage in the sale of
cigarette or tobacco products, and the place of business derives at
least 50% of its annual gross revenues from the retail sale of
cigarettes or tobacco products, as those terms are defined.
in which drug paraphernalia is kept, displayed or
offered in any manner, sold, furnished, transferred or given away,
except as authorized by law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11364.5 of the Health and Safety Code is
amended to read:
11364.5. (a) Except as authorized by law, a person shall not
maintain or operate any place of business in which drug paraphernalia
is kept, displayed or offered in any manner, sold, furnished,
transferred or given away unless all of the following
conditions are satisfied: away.
(1) The drug paraphernalia is completely and wholly kept,
displayed or offered within a separate room or enclosure to which
persons under the age of 18 years not accompanied by a parent or
legal guardian are excluded. Each entrance to such a room or
enclosure shall be signposted in reasonably visible and legible words
to the effect that drug paraphernalia is kept, displayed or offered
in such room or enclosure and that minors, unless accompanied by a
parent or legal guardian, are excluded.
(2) The person has in place and maintains a license to engage in
the sale of cigarettes or tobacco products issued pursuant to
Division 8.6 (commencing with Section 22970) of the Business and
Professions Code.
(3) The place of business derives at least 50 percent of its
annual gross revenues from the retail sale of cigarettes, as defined
in Section 30003 of the Revenue and Taxation Code, or tobacco
products, as defined in Sections 30121 and 30131.1 of the Revenue and
Taxation Code.
(b) Except as authorized by law, an owner, manager, proprietor or
other person in charge of any room or enclosure, within any place of
business, in which drug paraphernalia is kept, displayed or offered
in any manner, sold, furnished, transferred or given away shall not
permit or allow any person under 18 years of age to enter, be in,
remain in or visit such room or enclosure unless such minor person is
accompanied by one of his or her parents or by his or her legal
guardian.
(c) Unless authorized by law, a person under 18 years of age
shall not enter, be in, remain in or visit any room or enclosure in
any place of business in which drug paraphernalia is kept, displayed
or offered in any manner, sold, furnished, transferred or given away
unless accompanied by one of his or her parents or by his or her
legal guardian.
(d)
(b) As used in this section, "drug paraphernalia" means
all equipment, products, and materials of any kind that are intended
for use 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. "Drug paraphernalia" includes, but is not limited to, all
of the following:
(1) Kits intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant that is a controlled substance or from which a controlled
substance can be derived.
(2) Kits intended for use or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
(3) Isomerization devices intended for use or designed for use in
increasing the potency of any species of plant that is a controlled
substance.
(4) Testing equipment intended for use or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of
controlled substances.
(5) Scales and balances intended for use or designed for use in
weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, intended for use or
designed for use in cutting controlled substances.
(7) Separation gins and sifters intended for use or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana.
(8) Blenders, bowls, containers, spoons, and mixing devices
intended for use or designed for use in compounding controlled
substances.
(9) Capsules, balloons, envelopes, and other containers intended
for use or designed for use in packaging small quantities of
controlled substances.
(10) Containers and other objects intended for use or designed
for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles, and other objects intended for
use or designed for use in parenterally injecting controlled
substances into the human body.
(12) Objects intended for use or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as the following:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or
punctured metal bowls.
(B) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking and carburetion masks.
(E) Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette that has become too small or too short
to be held in the hand.
(F) Miniature cocaine spoons and cocaine vials.
(G) Chamber pipes.
(H) Carburetor pipes.
(I) Electric pipes.
(J) Air-driven pipes.
(K) Chillums.
(L) Bongs.
(M) Ice pipes or chillers.
(e)
(c) In determining whether an object is drug
paraphernalia, a court or other authority may consider, 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 substance.
(3) 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 or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this section. The innocence of an owner,
or of anyone in control of the object, as to a direct violation of
this section shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia.
(4) Instructions, oral or written, provided with the object
concerning its use.
(5) Descriptive materials accompanying the object that explain or
depict its use.
(6) National and local advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(8) 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.
(9) The existence and scope of legitimate uses for the object in
the community.
(10) Expert testimony concerning its use.
(f)
(d) This section does not apply to any of the
following:
(1) Any pharmacist or other authorized person who sells or
furnishes drug paraphernalia described in paragraph (11) of
subdivision (d) (b) upon the
prescription of a physician, dentist, podiatrist or veterinarian.
(2) Any physician, dentist, podiatrist or veterinarian who
furnishes or prescribes drug paraphernalia described in paragraph
(11) of subdivision (d) (b) to his or
her patients.
(3) Any manufacturer, wholesaler or retailer licensed by the
California State Board of Pharmacy to sell or transfer drug
paraphernalia described in paragraph (11) of subdivision
(d). (b).
(g)
(e) Notwithstanding any other law, including Section
11374, a violation of this section is not a criminal offense, but
operation of a business in violation of the provisions of this
section shall be grounds for revocation or nonrenewal of any license,
permit, or other entitlement previously issued by a city, county, or
city and county for the privilege of engaging in that business and
shall be grounds for denial of any future license, permit, or other
entitlement authorizing the conduct of that business or any other
business, if the business includes the sale of drug paraphernalia.
