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:
An ice pipe is defined as:
A shop includes:
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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