(11) Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as the following:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(B) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking
and carburetion masks.
(E) Roach clips, meaning objects used to hold burning material, such as a cannabis cigarette that has become too small or too short to be held in the hand.
(F) Miniature cocaine spoons, and cocaine vials.
(G) Chamber pipes.
(H) Carburetor pipes.
(I) Electric pipes.
(J) Air-driven pipes.
(K) Chillums.
(L) Bongs.
(M) Ice pipes or chillers.
(e) In
determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
(3) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom they know, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for
use, as drug paraphernalia.
(4) Instructions, oral or written, provided with the object concerning its use.
(5) Descriptive materials, accompanying the object which explain or depict its use.
(6) National and local advertising concerning its use.
(7) The manner in which the object is dis played for sale.
(8) Whether the owner, owner or anyone in control of the object,
object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(9) The existence and scope of legitimate uses for the object in the community.
(10) Expert testimony concerning its use.
(f) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in paragraph (11) (10) of subdivision (d) upon the prescription of a physician, dentist, podiatrist, or
veterinarian.
(2) Any physician, dentist, podiatrist, or veterinarian who furnishes or prescribes drug paraphernalia described in paragraph (11)
(10) of subdivision (d) to a patient.
(3) Any manufacturer, wholesaler, or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described in paragraph (11) (10) of subdivision (d).
(g) Notwithstanding paragraph (4) of subdivision (d), “drug paraphernalia” does not include any testing equipment designed, marketed, intended to be used, or used, to test a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl.
any other law, it is lawful to use, possess, or distribute equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of a controlled substance.
(h) Notwithstanding any other provision of law, including Section 11374, violation of this section shall not constitute a criminal offense, but operation of a business in violation of the provisions of this section shall be grounds for revocation or nonrenewal of any license, permit, or other entitlement previously issued by a city, county, or city and county for the privilege of engaging in such business and shall be grounds for denial of any future license, permit, or other entitlement authorizing the conduct of such business or any other business, if the business includes the sale of drug
paraphernalia.