21 USC Sec. 863 01/05/2009
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.
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
(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 -
(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;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.
(e) Matters considered in determination of what constitutes drug
In determining whether an item constitutes drug paraphernalia, in
addition to all other logically relevant factors, the following may
(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.
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.)
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.
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.
(!1) So in original. Probably should be "marihuana,".