“That §47-19 -2, §47-19-4, §47-19-5, §47-19-6 and §47-19-8 of the Code of West Virginia, 1931, as amended, be repealed; that §47-19-1; §47-19-3 and §47-19-7 of said code, all to read as follows:

ARTICLE 19. DRUG PARAPHERNALIA.

§47-19-1. Items designed or marketed for use with controlled substances; license required.

(a) As used in this section, “paraphernalia” is defined as any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, cocaine-based derivative, heroin, marijuana, and methamphetamine and includes certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs and dealer-specific products used for preparing illegal drugs for distribution at the street level, such as scales, vials and baggies, but is not limited to, the following:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, any container with drug residue (such as dinner plates, spoons), or punctured metal bowls;

(2) Water pipes;

(3) Carburetor tubes and devices;

(4) Smoking and carburetion masks;

(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(6) Chambers pipes;

(7) Carburetor pipes;

(8) Electric pipes;

(9) Air-driven pipes;

(10) Chillums;

(11) Bongs;

(12) Ice pipes or chillers;

(13) Miniature cocaine spoons, and cocaine vials; and

(14) Needles without prescriptions.

(b) Drug paraphernalia does not include any items traditionally used with tobacco such as pipes and rolling papers.

§47-19-7. Penalty.

Any person violating the provisions of this article as a first offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500. A person who commits a second offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000. A person who violates provisions of this article for a third or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,000 for each offense.