513.041 MARIHUANA DRUG PARAPHERNALIA.

   (a)   As used in this section, “drug paraphernalia” has the same meaning as in Section 2925.14 of the Revised Code.

   (b)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in division (B) of Section 2925.14 of the Revised Code.

   (c)   No person shall knowingly use, pr possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.

   (d)   This section does not apply to any person identified in division (D)(1) of Section 2925.14 of the Revised Code, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 3719.172 of the Revised Code.

   (e)   Division (E) of Section 2925.14 of the Revised Code applies with respect to any drug paraphernalia that was used or possessed in violation of this section.

   (f)   Whoever violates subsection (c) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.

   (g)   In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Section 2925.38 of the Revised Code.

(Ord. 2013-101. Passed 7-16-13.)