As used in this chapter marijuana shall mean all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, or the sterilized seed of such plant which is incapable of germination, if these items exist apart from any other item defined as marijuana in this subsection. Marijuana does not include marijuana concentrate as defined as hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols. (Ord. 343 §1, 1979; Ord. 1025 §2, 1993)

It shall be unlawful for any person to possess or publicly display or consume one ounce or less of marijuana as defined in section 9-19-010 above. (Ord. 343 §1, 1979; Ord. 1025 §3, 1993)

(A) Controlled substance means a controlled substance as that term is defined by section 18-18-102(5), C.R.S.

(B) Drug paraphernalia means drug paraphernalia as that term is defined by section 18-18-426, C.R.S.

(C) In determining whether an object is drug paraphernalia, the court, in its discretion, may consider, in addition to all other relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) The proximity of the object to controlled substances;

(3) The existence of any residue of controlled substances on the object;

(4) Direct or circumstantial evidence of the knowledge of any owner, or of anyone in control of the object, or evidence that such person reasonably knew, that it will be delivered to persons whom he or she knows or reasonably should know, could use the object to facilitate a violation of this section;

(5) Instructions, oral or written, provided with the object concerning its use;

(6) Descriptive materials accompanying the object which explain or depict its use;

(7) Advertising concerning the object's use;

(8) The manner the object is displayed for sale;

(9) Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;

(10) The existence and scope of legal uses for the object in the community; and

(11) Expert testimony concerning its use.

(D) In the event a case brought pursuant to this section is tried before a jury, the court shall hold an in camera evidentiary hearing on issues raised pursuant to this section.

(E) It shall be unlawful to possess drug paraphernalia. A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of the State of Colorado or the City of Broomfield.

(F) It shall be unlawful to sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, products, or materials knowing, or under circumstances where one reasonably should know, that such equipment, products, or materials could be used as drug paraphernalia.

(G) It shall be unlawful to place an advertisement in any newspaper, magazine, handbill, or other publication with the intent thereby to promote the sale in the City of Broomfield of equipment, products, or materials designed and intended for use as drug paraphernalia. (Ord. 1025 §4, 1993)

Violations of section 9-19-020 or subsections (E), (F), or (G) of section 9-19-030, B.M.C., shall be punishable by a fine not to exceed $100.00. (Ord. 1025 §5, 1993)