(A) No person shall use or possess 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 dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101, et seq. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400.
(B) No person shall deliver, sell, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, 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 dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101, et seq. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400.
(C) Divisions (A) and (B) shall not be applicable to practitioners to the extent such paraphernalia is used as a part of their lawful practice of the profession.
(D) Divisions (A) and (B) shall not be applicable to the possession of paraphernalia by persons involved in the medical or veterinary equipment supply business, where such possession is a necessary and appropriate part of servicing lawful medical or veterinary practitioners.
(E) In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) Instructions, oral or written, provided with the item concerning its use;
(2) Descriptive materials accompanying the item which explain or depict its use;
(3) National and local advertising concerning its use;
(4) The manner in which the item is displayed for sale;
(5) Whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) The existence and scope of legitimate uses of the item in the community; and
(8) Expert testimony concerning its use.
(F) Any device used for the consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed, and possessed.
(Prior Code, § 11-425) (Am. Ord. 1822, passed 5-19-2009; Am. Ord. 1977, passed 9-3-2019)