(A) Title. This section shall be known and may be cited as the Village of Birch Run's Drug Paraphernalia Ordinance.
(B) Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not consistent with context, words used in the present tense include the future, words used in the plural number include the singular number and words in the singular number include the plural number.
CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor in schedules 1 through 5 of Part 72 of Michigan's Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq. amendments thereto and the corresponding provisions of any successor statute.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used, intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seed from or in otherwise cleaning or refining marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use in parenterally injecting controlled substances into the human body;
(l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowels;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
(3) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) The proximity of the object, in the time and space, to a direct violation of this section;
(c) The proximity of the object to controlled substances;
(d) The existence of any residue of controlled substances on the object;
(e) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this section; the innocence of an owner or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(f) Instructions, oral or written provided with the object concerning its use;
(g) Descriptive materials accompanying the object which explain or depict its use;
(h) National and local advertising concerning its use;
(i) The manner in which the object is displayed for sale;
(j) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(k) The existence and scope of legitimate uses for the object in the community; and
(l) Expert testimony concerning its use.
(C) Possession, manufacture and sale of drug paraphernalia.
(1) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(2) It is unlawful for any person to deliver, sell, offer for sale, display, supply, possess with intent to deliver, 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, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(3) It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing 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.
(4) Any person 18 years of age or over who violates division (C)(2) above by delivering drug paraphernalia to a person under 18 years of age is at least three years his or her junior, is guilty of a special offense.
(D) Exceptions. To the extent of the permitted conduct only, this section does not apply to any person or entity who is licensed, registered or otherwise permitted by law to manufacture, use, possess, prescribe, dispense, distribute, conduct research with respect to or administer a controlled substance; including persons suffering from asthma, diabetes or other medical conditions requiring introduction of a controlled substance into the human body.
(E) Civil forfeiture. Any drug paraphernalia used, sold, possessed with intent to use or sell or manufactured with intent to sell in violation of this section shall be seized and forfeited to the Village of Birch Run.
(1992 Code, §§ 54.001–54.005) (Ord. 1-95, passed - - 1995) Penalty, see § 130.99