(a) As used in this section, “drug paraphernalia” means any equipment, product or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in 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 in violation of this chapter or of Ohio R.C. Chapter 2925. “Drug paraphernalia” includes, but is not limited to, any of the following equipment, products or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:
(1) A kit for propagating, cultivating, growing or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;
(2) A kit for manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
(3) An isomerization device for increasing the potency of any species of a plant that is a controlled substance;
(4) Testing equipment for identifying, or analyzing the strength, effectiveness or purity of, a controlled substance;
(5) A scale or balance for weighing or measuring a controlled substance;
(6) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, for cutting a controlled substance;
(7) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;
(8) A blender, bowl, container, spoon or mixing device for compounding a controlled substance;
(9) A capsule, balloon, envelope or container for packaging small quantities of a controlled substance;
(10) A container or device for storing or concealing a controlled substance;
(11) A hypodermic syringe, needle or instrument for parenterally injecting a controlled substance into the human body;
(12) An object, instrument or device for ingesting, inhaling or otherwise introducing into the human body, marihuana, cocaine, hashish or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe, with or without a screen, permanent screen, hashish head or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air-driven pipe; chillum; bong; or ice pipe or chiller.
(b) In determining if an object is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
(1) Any statement by the owner of the object, or by anyone in control of it, concerning its use;
(2) The proximity in time or space of the object, or of the act relating to the object, to a violation of any provision of this chapter or of Ohio R.C. Chapter 2925;
(3) The proximity of the object to any controlled substance;
(4) The existence of any residue of a controlled substance on the object;
(5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the object, to deliver it to any person whom the owner or person in control of the object knows intends to use the object to facilitate a violation of any provision of this chapter or of Ohio R.C. Chapter 2925. A finding that the owner or anyone in control of the object is not guilty of a violation of any other provision of this chapter or of Ohio R.C. Chapter 2925, does not prevent a finding that the object was intended or designed by the offender for use as drug paraphernalia.
(6) Any oral or written instruction provided with the object concerning its use;
(7) Any descriptive material accompanying the object and explaining or depicting its use;
(8) National or local advertising concerning the use of the object;
(9) The manner and circumstances in which the object is displayed for sale;
(10) Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise;
(11) The existence and scope of legitimate uses of the object in the community;
(12) Expert testimony concerning the use of the object.
(c) (1) No person shall knowingly use, or possess with purpose to use, drug paraphernalia.
(2) No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if the person knows or reasonably should know that the equipment, product or material will be used as drug paraphernalia.
(3) No person shall place an advertisement in any newspaper, magazine, handbill or other publication that is published and printed and circulates primarily within this Municipality, if the person knows that the purpose of the advertisement is to promote the illegal sale in this Municipality of the equipment, product or material that the offender intended or designed for use as drug paraphernalia.
(d) 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, 4723, 4729, 4731 and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 624.09.
(e) Notwithstanding Ohio R.C. 2933.42 and 2933.43, any drug paraphernalia that was used, possessed, sold or manufactured in violation of this section shall be seized and, after a conviction for that violation, shall be forfeited. Upon forfeiture, such paraphernalia shall be disposed of pursuant to Section 606.24(d)(8).
(f) (1) Whoever violates paragraph (c)(1) hereof is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 698.02.
(2) Except as provided in paragraph (f)(3) hereof, whoever violates paragraph (c)(2) hereof is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree, and shall be subject to the penalty provided in Section 698.02.
(3) Whoever violates paragraph (c)(2) hereof by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02.
(4) Whoever violates paragraph (c)(3) hereof is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree, and shall be subject to the penalty provided in Section 698.02.
(g) In addition to the penalty provided in this section, the court shall proceed as provided in Ohio R.C. 2925.14(G). (ORC 2925.14)