Code of the Township of Abington
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PART II GENERAL LEGISLATION: Chapter 72, DRUG
[HISTORY: Adopted by the Board of Commissioners of
the Township of Abington 12-11-1980 by Ord. No. 1515.
Amendments noted where applicable.]
It is unlawful for any person, partnership or corporation
to sell, possess with intent to sell, deliver or possess
with intent to deliver drug paraphernalia knowing that
it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce
into the human body a controlled substance in violation
of 35 P.S. 780-101 et seq.
72-2. Determination of object as drug paraphernalia.
In determining whether an object is drug paraphernalia,
a court or other authority should consider, in addition
to all other relevant factors, the following:
A. Statements by an owner or anyone in control of the
object concerning its use.
B. 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 knows, or should reasonably
know, intend to use the object to facilitate (violation
of 35 P.S. 780-101 et seq.) the innocence of an owner
or of anyone in control of the object as drug paraphernalia.
C. Instructions, oral or written, provided with the
object concerning its use.
D. Descriptive materials accompanying the object which
explain or depict its use.
E. National and local advertising concerning its use.
F. The manner in which the object is displayed for
G. Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business
H. The existence and scope of legitimate uses for the
object in the community.
I. Expert testimony concerning its use.
72-3. Violations and penalties.
A. Any person, the members of any partnership or the
officers of any corporation who or which violate this
chapter shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of not more than
$300. In default of such payment, such person, the members
of any partnership or the officers of such corporation
shall be liable to imprisonment in the Montgomery County
Prison for not more than 30 days. Each violation shall
constitute a separate offense. All fines collected for
the violation of this chapter shall be paid to the Township
B. In addition to the penalties provided herein, the
Board of Commissioners may apply to the Court of Common
Pleas of Montgomery County for a temporary or permanent
injunction restraining any person from continued violation
of 72-3A of this chapter, irrespective of the existence
of an adequate remedy at law.
Any person registered with the Secretary of the Commonwealth
pursuant to 35 P.S. 780-106 shall be exempt from this
For the purposes of this chapter, the following terms
shall have the meanings indicated:
CONTROLLED SUBSTANCE -- Any substance as defined in
the Controlled Substance, Drug, Device and Cosmetic
Act, 35 P.S. 780-101 et seq. or immediate precursor
DRUG PARAPHERNALIA -- All equipment, products and materials
of any kind which are used, intended for use or designed
for use in planting, propagating, cultivating, growing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the
human body a controlled substance in violation of 35
P.S. 780-101 et seq. It includes but is not limited
A. Kits used, intended for use or designed for use
in planting, propagating, cultivating, growing or harvesting
of any species of plant which is a controlled substance
or from which a controlled substance can be derived.
B. Kits used, intended for use or designed for use
in manufacturing, compounding, converting, producing,
processing or preparing controlled substances.
C. Isomerization devices used, intended for use or
designed for use in increasing the potency of any species
of plant which is a controlled substance.
D. Testing equipment used, intended for use or designed
for use in identifying or in analyzing the strength,
effectiveness or purity of controlled substances.
E. Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
F. Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended
for use or designed for use in cutting controlled substances.
G. Separation gins and sifters used, intended for use
or designed for use in removing twigs and seeds from
or in otherwise cleaning or refining marijuana.
H. Blenders, bowls, containers, spoons and mixing devices
used, intended for use or designed for use in compounding
I. Capsules, balloons, envelopes and other containers
used, intended for use or designed for use in packaging
small quantities of controlled substances.
J. Containers and other objects used, intended for
use or designed for use in storing or concealing controlled
K. Hypodermic syringes, needles and other objects used,
intended for use or designed for use in parenterally
injecting controlled substances into the human body.
L. Objects used, intended for use or designed for use
in ingesting, inhaling or otherwise introducing marijuana,
cocaine, hashish or hashish oil into the human body,
(1) Metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent screens,
hashish heads or punctured metal bowls.
(2) Water pipes.
(3) Carburetion tubes and devices.
(4) Smoking and carburetion masks.
(5) Roach clips: meaning objects used to hold burning
materials, such as a marijuana cigarette that has become
too small or too short to be held in the hand.
(6) Miniature cocaine spoons and cocaine vials.
(7) Chamber pipes.
(8) Carburetor pipes.
(9) Electric pipes.
(10) Air-driven pipes.
(13) Ice pipes or chillers.
IMMEDIATE PRECURSOR -- Any substance which the Secretary
of the Commonwealth has found to be and by regulation
designates as being a principal compound commonly used
or produced primarily for use and which is an immediate
chemical intermediary used or likely to be used in the
manufacture of a controlled substance.