§ 9.32.010. Definitions.

As used in this chapter:

A.

"Controlled substance" means any drug or substance included in Schedules I through V of the Controlled Substances Act found at NMSA 1978, Section 30-31-1 et seq.

B.

"Drugs" means substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary or any supplement to these publications.

C.

"Person" means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

D.

"Drug paraphernalia" means any device intended for use in ingesting, smoking, administering or preparing marijuana, cocaine, phencyclidine, opium or any derivative thereof, or any other controlled substance. For purposes of this subsection, the phrase "intended for use" shall refer to the intent of the person selling, offering to sell, dispensing, giving way or displaying the drug paraphernalia herein defined. In determining whether an item constitutes drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1.

Whether a person charged with violating this chapter is licensed distributor or drug precursor as defined in NMSA 1978, Section 30-31B-2.

2.

Expert testimony as to the use of the item.

3.

Evidence concerning the total business of a person or business establishment and the type of items involved in the business.

4.

National and local advertising concerning the use of the item of which the person charged with violating this chapter has knowledge.

5.

Evidence of advertising concerning the nature of the business establishment.

6.

Statements by a person charged with violating this chapter concerning the use of the item.

7.

Prior convictions, if any, of a person charged with violating this chapter, under any state, federal or municipal law relating to any controlled substance.

8.

Instructions, oral or written, provided with the item concerning its use.

9.

Descriptive materials accompanying the item which explain or depict its use.

10.

Catalogs or other promotional materials concerning the item of which the person charged with violating this chapter has knowledge.

E.

"Minor" means any person who has not attained eighteen years of age.

F.

"Premises open to minors" means any business establishment which sells its wares or merchandise to minors or which permits minors to enter into its place of business.

G.

"Premises" means a business establishment and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of patrons.

H.

"Simulated drug" means a substance that is not a controlled substance which by dosage unit appearance, including color, shape, size and markings and by representations made that would lead a reasonable person to believe that the substance is a controlled substance. In determining whether an item constitutes simulated drugs a court or other authority should consider, in addition to all other logically relevant factors, the following:

1.

Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect;

2.

Statements made to the recipient that the substance may be resold for inordinate profit;

3.

Whether the substance is packaged in a manner normally used for illicit controlled substances;

4.

Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;

5.

Prior convictions, if any, of the owner or any one in control of the object, under state or federal law related to controlled substances or fraud;

6.

Whether the physical appearance of the substance is substantially identical to a controlled substance.

I.

"Inhalant" means glue, an aerosol spray product or other chemical substance which causes a condition of or induces symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, stupefaction or dulling of the senses or in any manner changes, distorts or disturbs the audio, visual or mental processes.

(Ord. 1539-97 §2(part), 1997).