
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC863]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 863. Drug paraphernalia


(a) In general

    It is unlawful for any person--
        (1) to sell or offer for sale drug paraphernalia;
        (2) to use the mails or any other facility of interstate 
    commerce to transport drug paraphernalia; or
        (3) to import or export drug paraphernalia.

(b) Penalties

    Anyone convicted of an offense under subsection (a) of this section 
shall be imprisoned for not more than three years and fined under title 
18.

(c) Seizure and forfeiture

    Any drug paraphernalia involved in any violation of subsection (a) 
of this section shall be subject to seizure and forfeiture upon the 
conviction of a person for such violation. Any such paraphernalia shall 
be delivered to the Administrator of General Services, General Services 
Administration, who may order such paraphernalia destroyed or may 
authorize its use for law enforcement or educational purposes by 
Federal, State, or local authorities.

(d) ``Drug paraphernalia'' defined

    The term ``drug paraphernalia'' means any equipment, product, or 
material of any kind which is primarily intended or designed for use in 
manufacturing, compounding, converting, concealing, producing, 
processing, preparing, injecting, ingesting, inhaling, or otherwise 
introducing into the human body a controlled substance, possession of 
which is unlawful under this subchapter. It includes items primarily 
intended or designed for use in ingesting, inhaling, or otherwise 
introducing marijuana,\1\ cocaine, hashish, hashish oil, PCP, 
methamphetamine, or amphetamines into the human body, such as--
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    \1\ So in original. Probably should be ``marihuana,''.
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        (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 material, 
    such as a marihuana cigarette, that has become too small or too 
    short to be held in the hand;
        (6) miniature spoons with level capacities of one-tenth cubic 
    centimeter or less;
        (7) chamber pipes;
        (8) carburetor pipes;
        (9) electric pipes;
        (10) air-driven pipes;
        (11) chillums;
        (12) bongs;
        (13) ice pipes or chillers;
        (14) wired cigarette papers; or
        (15) cocaine freebase kits.

(e) Matters considered in determination of what constitutes drug 
        paraphernalia

    In determining whether an item constitutes drug paraphernalia, in 
addition to all other logically relevant factors, the following may be 
considered:
        (1) instructions, oral or written, provided with the item 
    concerning its use;
        (2) descriptive materials accompanying the item which explain or 
    depict its use;
        (3) national and local advertising concerning its use;
        (4) the manner in which the item is displayed for sale;
        (5) whether the owner, or anyone in control of the item, is a 
    legitimate supplier of like or related items to the community, such 
    as a licensed distributor or dealer of tobacco products;
        (6) direct or circumstantial evidence of the ratio of sales of 
    the item(s) to the total sales of the business enterprise;
        (7) the existence and scope of legitimate uses of the item in 
    the community; and
        (8) expert testimony concerning its use.

(f) Exemptions

    This section shall not apply to--
        (1) any person authorized by local, State, or Federal law to 
    manufacture, possess, or distribute such items; or
        (2) any item that, in the normal lawful course of business, is 
    imported, exported, transported, or sold through the mail or by any 
    other means, and traditionally intended for use with tobacco 
    products, including any pipe, paper, or accessory.

(Pub. L. 91-513, title II, Sec. 422, as added and amended Pub. L. 101-
647, title XXIV, Sec. 2401(a)-(c), Nov. 29, 1990, 104 Stat. 4858, 4859; 
Pub. L. 106-310, div. B, title XXXVI, Sec. 3614, Oct. 17, 2000, 114 
Stat. 1230.)

                          Codification

    The text of section 857(b) to (f) of this title, which was 
transferred to subsecs. (b) to (f) of this section by Pub. L. 101-647, 
Sec. 2401(b), was based on Pub. L. 99-570, title I, Sec. 1822(b)-(f), 
Oct. 27, 1986, 100 Stat. 3207-51; Pub. L. 100-690, title VI, Sec. 6485, 
Nov. 18, 1988, 102 Stat. 4384.


                               Amendments

    2000--Subsec. (d). Pub. L. 106-310 inserted ``methamphetamine,'' 
after ``PCP,'' in introductory provisions.
    1990--Subsec. (b). Pub. L. 101-647, Sec. 2401(c)(1), substituted 
``fined under title 18'' for ``fined not more than $100,000''.
    Pub. L. 101-647, Sec. 2401(b), redesignated subsec. (b) of section 
857 of this title as subsec. (b) of this section. See Codification note 
above.
    Subsecs. (c) to (e). Pub. L. 101-647, Sec. 2401(b), redesignated 
subsecs. (c) to (e) of section 857 of this title as subsecs. (c) to (e) 
of this section. See Codification note above.
    Subsec. (f). Pub. L. 101-647, Sec. 2401(c)(2), made technical 
amendment to reference to ``This section'' to correct reference to 
corresponding provision of original act.
    Pub. L. 101-647, Sec. 2401(b), redesignated subsec. (f) of section 
857 of this title as subsec. (f) of this section. See Codification note 
above.

                  Section Referred to in Other Sections

    This section is referred to in section 881 of this title; title 18 
sections 1956, 3663.
