513.04 POSSESSION, MANUFACTURE AND SALE OF DRUG PARAPHERNALIA.
(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.
(b) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.
(c) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(d) Any person eighteen years of age or over who violates subsection (b) by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a special offense.
(e) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731, and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.
(f) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.
(g) If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(Ord. 84-156. Passed 7-3-84.)
(h) Whoever violates any of the provisions of subsections (a), (b), (c) or (d) hereof is guilty of a misdemeanor of the first degree.
(Ord. 89-169. Passed 10-3-89.)
(i) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. (ORC 2925.12)
(j) The above provisions do not apply to paraphernalia that is related to the possession and use of marihuana. (Ord. 2013-101. Passed 7-16-13.)