North Las Vegas Municipal Code § 9.16.010 Drug paraphernalia.
9.16.010 - Drug paraphernalia.
A. Definitions. The following words and phrases when used in this section shall, for the purposes of this section, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
"Cocaine screen" means a device manufactured by "Deerling" or other manufacturers designed to, or used to grind or mix cocaine or other controlled substances from lump to powder form or to combine controlled substances with cutting agents.
"Cocaine spoon" means a spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine or other powered controlled substances, and which is so small as to be unsuited for the typical, lawful uses as a spoon. A cocaine spoon may or may not be merchandised on a chain and may or may not be labeled as a "cocaine" spoon or a "coke" spoon.
"Controlled substance" means any drug, substance, or immediate precursor enumerated in NRS Chapter 453. "Cutting agents" means procaine, manite, mannitol, or other substance used to cut, dilute or mix with cocaine or other controlled substances.
"Free base kit" means a kit containing a torch or other heating device and ether or other organic solvent used to transform, refine, or recrystallize cocaine or other controlled substances.
"Hot box" means a kit containing a hot plate or other heating device, thermometer and glass slides used to test cocaine or other controlled substances.
"Marijuana or hashish pipe" means a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
"Narcotic transport container" means a device designed to transport or contain marijuana, cocaine or other controlled substance in a false bottom or other concealed chamber in a container altered or designed to imitate a harmless commercial product, such as a metal dollar coin, a hair spray dispenser, an oil can, beer can, soft drink can or similar containers.
"Paraphernalia" means an empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe, narcotic transport container, free base kit, cocaine screen, test kit, cutting agents, hot box or any other instrument, implement or device which is primarily adapted or designed for the processing, administration or use of any controlled substance.
"Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association.
B. 1.
It is unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, cocaine screen, cutting agent, free base kit, narcotic transport container, test kit, hot box, marijuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the processing, administration or use of any controlled substance as enumerated in Nevada Revised Statutes, Chapter 453.
2. The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public official duties, nor to persons suffering from diabetes, asthma, or any other condition requiring self-injection, as prescribed by a licensed physician.
C. Penalties for Violation.
1. A person who violates any provision or provisions of this section, upon conviction, shall be punished with a fine not exceeding five hundred dollars ($500.00), or imprisonment in the city jail for a period not to exceed ninety (90) days, or both, in the discretion of the court. Each day of the violation shall be considered a separate offense.
2. In addition to the above penalties, the violation of any provision or provisions of this section shall be grounds for business license revocation or suspension as provided in Section 5.02.440 of this code.
D. Policy and Abatement. Any place where paraphernalia is sold or distributed, in violation of this section is hereby declared to be a threat, danger and harm to the public health, safety, morals and welfare of the inhabitants of the city, and is further declared to be a public nuisance which may be abated as provided by law.
(Ord. 639 § 1, 1980: prior code §§ 7.38.010—7.38.040)