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DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 11A Sale, supply and display of waterpipes and ice pipes

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 11A

Sale, supply and display of waterpipes and ice pipes

11A Sale, supply and display of waterpipes and ice pipes

(1) In this section--


"ice pipe" means--
(a) a device capable of being used for the administration of a prohibited drug by means of the smoking or inhaling of the smoke or fumes resulting from the heating or burning of the drug in a crystal or powder form, or
(b) a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,
and includes a device known as an ice pipe or a crack pipe, but does not include a device of a class or description prescribed by the regulations as not being an ice pipe for the purposes of this section.


"shop" includes--
(a) so much of a building or place as is used for the sale, or supply in the course of commercial transactions, of goods, and
(b) a stall or other structure used for such sale or supply of goods at a market or elsewhere,
but does not include anything prescribed by the regulations as not being a shop for the purposes of this section.


"waterpipe" means--
(a) a device capable of being used for the administration of a prohibited drug, by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug) through water or another liquid, or
(b) a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,
and includes a device known as a bong, but does not include a device of a class or description prescribed by the regulations as not being a waterpipe for the purposes of this section.
(2) A person who--
(a) sells a waterpipe or an ice pipe, or
(b) supplies a waterpipe or an ice pipe in the course of or in connection with a commercial transaction,
is guilty of an offence.
(3) A person who displays a waterpipe or an ice pipe--
(a) in a shop, or
(b) near but in connection with a shop,
is guilty of an offence, unless the person satisfies the court that the display was not for a commercial purpose.
(4) For the purposes of this section, it is immaterial that the waterpipe or ice pipe was used or intended to be used for a purpose other than the administration of a prohibited drug.