§ 5-64-801. Definition
(a) As used in this subchapter, “drug device” means an object usable for smoking marijuana, for smoking a controlled substance defined as a tetrahydrocannabinol, or for ingesting or inhaling cocaine, and includes, but is not limited to: (1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, […]
§ 5-64-802. Illegal drug paraphernalia business
(a) Any person who conducts, finances, manages, supervises, directs, or owns any part of an illegal drug paraphernalia business is guilty of a: (1) Class A misdemeanor for the first offense; (2) Class D felony for the second offense; and (3) Class C felony for third and subsequent offenses. (b) A person violates subsection (a) […]
§ 5-64-803. Public nuisance to be abated or closed
(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance. (b) A conveyance or vehicle of any kind is deemed a “place” within the meaning of subsection (a) of this section and may be proceeded against under […]
§ 5-64-804. Injunction
(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803, is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance. (b) A circuit court has jurisdiction over the suit. (c) […]
§ 5-64-805. Search warrant
(a) If there is complaint on oath or affirmation supported by affidavit setting forth the facts for a belief that a drug device is being manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place with intent to engage in illegal drug paraphernalia business in violation […]
§ 5-64-806. Seizure and forfeiture
Any property, including money, used in violation of a provision of this subchapter may be seized and forfeited to the state.