Tribe: Pueblo of Laguna
Section 15-15-6. Possession of drug paraphernalia.
A. Offense. It shall be unlawful to possess drug paraphernalia.
B. Definition. “Drug paraphernalia” means all equipment, products, or materials of any kind used or attempted to be used or designed to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to do any of the following:
(1) Cultivate, grow, harvest, manufacture, compound, convert, produce, or distribute a controlled substance;
(2) Prepare, store, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance;
(3) Weigh, measure, test the strength, effectiveness, or purity of a controlled substance; or
(4) Enhance or alter the effect of a controlled substance.
C. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to other logically relevant factors, the following:
(1) Statements by the owner or by anyone in control of the object concerning its use;
(2) The proximity of the object to controlled substances or controlled substance analogs;
(3) The existence of any residue of a controlled substance or controlled substance analog on the object;
(4) Descriptive or instructive materials accompanying the object that explain or depict its use;
(5) The manner in which the object is displayed for sale; and
(6) Expert testimony concerning its use.
D. Sentence. Any person found guilty of possession of drug paraphernalia shall:
(1) Be sentenced to a jail term not to exceed one hundred eighty (180) days, and/or be ordered to pay a fine not to exceed three hundred fifty dollars ($350.00); or
(2) The court may, in its discretion, order the guilty person to undergo a professional evaluation that addresses substance abuse. Such person may be sentenced to one (1) year supervised probation to facilitate therapeutic treatment that may be recommended after an evaluation is completed; or
(3) The court may, in its discretion, order the guilty person to perform up to fifty (50) hours of community service.