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The Sale, Supply or Display of Waterpipes and Ice Pipes

The sale, supply or display of waterpipes and ice pipes is an offence under section 11A of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

You sold a waterpipe or ice pipe, or you supplied a waterpipe or ice pipe in the course of, or in connection with, a commercial transaction, or you displayed a waterpipe or ice pipe in a shop or near, but in connection with, a shop.

A waterpipe is defined as:

  1. 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
  2. A device that is apparently intended to be a device described above, but is not capable of being so used because it needs adjustment, modification or addition and includes a device known as a bong.

An ice pipe is defined as:

  1. 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 in a crystal or powder form, or
  2. A device that is apparently intended to be a device described above, but is not capable of being so used because it needs adjustment, modification or addition and includes a device known as a crack pipe.

A shop includes:

  1. Part of a building or place used for the sale of goods or supply in the course of commercial transactions of goods, or
  1. A stall or other structure used for sale or supply of goods at a market or elsewhere.

You are not guilty of the offence of displaying the goods if you are able to establish ‘on the balance of probabilities’ that the display was not for the purpose of a commercial transaction.

It is immaterial whether the waterpipe or ice pipe was used or intended to be used for a purpose other than the administration of a prohibited drug.

Duress is a defence to the charge.

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