Q May a municipality regulate drug paraphernalia in spite of potential preemption by Section 41-29-139(d)?

A Yes, the general rule regarding preemption is that the power of local authorities to enact ordinances in a given area must be exercised in conformity to and consistent with state law. If a conflict exists, state law prevails. Another way of viewing the question of preemption is consider whether the local ordinance prohibits what state law or allows what state law prohibits. A proposed municipal ordinance that would prohibit the sale of paraphernalia “such as bongs, cocaine freebase kits, etc.” which are primarily designed and intended for use with illegal drugs would not be preempted provided it is drafted in a manner consistent with state law. (Attorney General’s Opinion to Danos, July 15, 2016)