19821214 r-82-37RESOLUTION NO. R-82-37
A Resolution of the City Council of the
City of Fairfax, Virginia, Requesting State
Legislation to Control the Sales of Drug
Paraphernalia
WHEREAS, the rise of illegal drugs and other controlled substances
poses a serious problem to our community and the nation; and
WHEREAS, the sale of paraphernalia designed for use with illegal
marijuana or controlled substances has in the past proven difficult to
control; and
WHEREAS, these items only encourage persons to use such illegal drugs
and other controlled substances.
NOW BE IT THEREFORE RESOLVED, that the Council of the City of Fairfax
strongly encourages the Virginia General Assembly to adopt state
legislation designed to enhance the local governments ability to control and
monitor the activities of individuals selling such items by providing that
they be licensed in an appropriate manner;
BE IT FURTHER RESOLVED, that the legislation be similar to the intent
of the attached proposal.
Adopted this 14th day of December, 1982.
MA¥OR~ ~-
ATTEST:
~/- - ~ity Clerk
Sec. : License required for sale of items designed
for use with illegal marijuana or controlled substances and for
sale of items which appeal to or encourage, or are displayed in a
manner that appeals to or encourages, use of illegal marijuana or
controlled substances; records of sales to be maintained.
A. License Required: It shall be unlawful for any
person or persons as principal, clerk, agent or servant to sell
any item, effect, paraphernalia, accessory or.thing which is de-
signed for use with illegal marijuana or controlled substances,
as defined by the Code of Virginia, or which appeals to or encourages,
use of illegal marijuana or controlled substances, unless a license
has been obtained therefor from the Chief Administrator of the local
government in which sales are to be made or his authorized agent.
Such licenses shall be in addition to any a~d all other licenses
required by law. Such licenses, once obtained, shall remain in
force for a period of one year, unless and until revoked. The
annual license fee shall be $200.00.
B. Application: Application to sell any item, effect,
paraphernalia, accessory or thing which is designed for use with
illegal marijuana or controlled substances, or which 'appeals to
or encourages, or which is displayed in a manner that appeals to or
encourages, use of illegal marijuana or controlled substances,
shall be made ~upon a form approved by the Chief Administrator-and
~ shall contain such information as is deemed necessary by the Town
Council to assure compliance with all of the requirements of this
Act. Ail such applications shall be accompanied by affidavits
by the applicant and by each and every employee authorized to sell
such items that such person has never been convicted of a drug-
related offense. Additional affidavits must be filed throughout
the license year prior to the time that individuals are authorized
to and begin to sell such items, as necessary to'keep the licensee
information available to the Chief Administrator in his office and
up-to-date at all times.
C. Records: Every licensee must keep a record of every
item, effect, paraphernalia, accessory or thing sold which is
designed for use with, or which appeals to or encourages, or which
1982-37
is displayed for sale in a manner that appeals to or encourages,
use of illegal marijuana or controlled substances. All such records
shall be open to the inspection of any police officer having
jurisdiction therein at any time during the hours of business.
Such records shall contain the name and address of the purchaser,
the name and quantity of the product, the date and time of the
sale, and the licensee's or agent of the licensee's signature.
Such records must be retained for not less than two (2) years
upon the premises of the licensee's place(s) of business where the
respective sales occur and where such items are stored.
Sec. : Item, effect, paraphernalia, accessory or
thing which is designed for use with illegal marijuana or controlled
substances or which appeals to or encourages, or which is displayed
in a manner that appeals to or encourages, use of illegal marijuana
or controlled substances.
An item, effect, paraphernalia, accessory or thing which is
designed for use with illegal marijuana or controlled substances
or which appeals to or encourages, or which is displayed in a
manner that appeals to or encourages, use of illegal marijuana or
controlled substances within the meaning of this Chapter includes
the following items, unless otherwise stated:
A. Paper - White rolling paper and tobacco oriented
rolling paper not necessarily designed for use with illegal mari-
juana or controlled substances are not covered by this Act, unless
displayed within proximity of colorful rolling paper, roach
clips, or other item, effect, paraphernalia, accessory, or thing
designed for use with illegal marijuana or controlled substances,
or literature encouraging illegal use of marijuana or controlled
substances. Colorful rolling paper is designed for use with
illegal marijuana or controlled substances and is covered by this
Act.
B. Roach Clips - Roach clips are designed for use with
illegal marijuana or controlled substances and are therefore
covered by this Act.
C. Pipes - Water pipes, chamber pipes, carburetor pipes,
electric pipes, air-driven pipes, chillums, bongs, ice pipes,
chillers, and pipes with screens, permanent screens, hashish heads
or punctured metal bowls are designed for use with illegal marijuana
or controlled substances and are cove~ed by this Act. All other
types of pipes, if not displayed within proximity of colorful
rolling paper, roach clips, or other item, effect, paraphernalia,
accessory, or thing designed for use with illegal marijuana or con-
trolled substances, or literature encouraging illegal use of
marijuana or controlled substances are not covered by this Act;
otherwise, they are covered.
D. Any item, effect, paraphernalia, accessory or thing
with marijuana or drug oriented names, logos, Writings or designs
upon them and which could be utilized in the manufacturing, com-
pounding, converting, producing, processing, preparing, weighing,
measuring, refining, storing or concealing of illegal marijuana
.or controlled substances or in ingesting, inhaling, or otherwise
introducing illegal marijuana,.cocaine, hashish, hashish oil or
other controlled substances into the human body are covered by'this
Act.
E. P~raphernalia - Paraphernalia displayed within
proximity of roach clips, colorful rolling paper, water pipes,
chamber pipes, carburetor pipes, electric pipes, air-driven pipes,
chillums, bongs, ice pipes, chillers, or pipes with screens, per-
manent screens, hashish heads, or punctured metal bowls, or liter-
ature encouraging illegal use of marijuana or controlled substances
are covered by this Act. ·
For the purposes of this Act, literature encouraging illegal
use of marijuana or controlled substances shall be deemed to include,
but is not limited to, any book, pamphlet, periodical or other
printed matter which advertises for sale any instrument, device,
article or contrivance for advertised use in unlawfully ingesting,
smoking, administering, preparing or growing marijuana or a con-
trolled substance.
Sec. : Paraphernalia. Paraphernalia.within the meaning
of this Act shall be deemed to include, but are not limited to,
the following items:
1. Kits which could be used in planting, propagating,
cultivating, growing or harvesting of marijuana or any species of
plant which is a controlled substance or from which a controlled
substance can be derived;
2. Kits which could be used in manufacturing, compounding,
converting, producing, processing, or preparing marijuana or con-
trolled substances;
3. Isomerization devices which could be used in increasing
the potency of marijuana or any species of plant which is a con-
trolled substance;
4. Testing equipment which could be used in identifying or
in analyzing the strength or effectiveness of marijuana or controlled
substances; ~
5. Scales and balances which could be used in weighing
or measuring marijuana or controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride,
mannitol or mannite, which could be used in cutting controlled
substances; .-
7. Separation gins and sifters which could be used in
removing twigs and seeds from or in otherwise cleaning or refining,
marijuana;
8. Blenders, bowls, containers, spoons, and mixing
devices which could be used in compounding controlled substances;
9. Capsules, balloons, envelopes, and other containers
which could be used in packaging small quantities of marijuana or
controlled substances;
10. Containers and other objects which could be used i~
storing or concealing marijuana or controlled substances;
11. Hypodermic syringes, needles, and other objects which
could be used in parenterally injecting control'led substances into
the human body;
12. Objects which could be used in ingesting, inhaling,
or otherwise introducing marijuana, cocaine, hashish, or hashish
oil into the human body, such as:
a. Carburetion tubes and devices;.
b. Smoking or carburetion masks;
c. Miniature cocaine spoons, and cocaine vials.
Sec. : Penalty. It shall be unlawful for any person to
violate any provision of this Act or to fail-to do any act required
by this Act; provided, however, that no person shall be considered
in violation of this Act for the first'fifteen (15) days following
the enactment of this Act.
Any person violating any provision of this Act shall be
fined not more than one thousand dollars ($1,000.00) for each
violation.
6