(A) Possession; paraphernalia.
(1) Definitions. For the purpose of this division (A), the following definitions apply unless the context clearly requires a different meaning.
DRUG PARAPHERNALIA.
1. All equipment, products and materials of any kind which are used or intended 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, being 63 O.S. §§ 2-101 et seq., including, but not limited to:
a. Kits used or intended for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
b. Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
c. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance;
d. Test equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
e. Scales and balances used or intended for use in weighing or measuring controlled dangerous substances;
f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances;
g. Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
h. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances;
i. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances;
j. Containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
k. Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
l. Any pipe that has a tobacco bowl or chamber of less than one- half inch in diameter in which there is any detectable residue of marijuana or any other controlled dangerous substance, as defined in this division (A), or any other substances not legal for possession or use;
m. All hidden or novelty pipes; and
n. Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
ii. Water pipes;
iii. Carburetion tubes and devices;
iv. Smoking and carburetion masks;
v. ROACH CLIPS, meaning objects used to hold burning material, such as a marijuana cigarette, which has become too small or too short to be held in the hand;
vi. Miniature cocaine spoons and cocaine vials;
vii. Chamber pipes;
viii. Carburetor pipes;
ix. Electric pipes;
x. Air-driven pipes;
xi. Chillums;
xii. Bongs; or
xiii. Ice pipes or chillers.
2. This is provided, however, that the term DRUG PARAPHERNALIA shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco.
MARIJUANA.
1. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin.
2. MARIJUANA shall not include the mature stalks of such plant, fiber produced from such stalks, oils or cakes made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except for the resin extracted therefrom, fibers, oils or cakes or the sterilized seeds of such plant which are incapable of germination.
(2) Unlawful use or possession.
(a) It is unlawful for any person to knowingly use or possess marijuana or to deliver, possess or manufacture any such controlled dangerous substance or paraphernalia. At the officer’s discretion, this charge may be filed in Municipal Court if the amount of substance is determined to be considered personal use, which includes any testable amount of marijuana. If the officer deems it necessary, these charges may be filed through District Court.
(b) At no time will an individual of the age of 17 or under or an officer employed at the Town Police Department have the option of any marijuana or paraphernalia charges being filed through Municipal Court. All individuals who fall into this age bracket and below will be filed through District Court.
(3) Drug paraphernalia; factors used in determining. In determining whether an object is “drug paraphernalia,” a court or officer shall consider, in addition to all other logically-relevant factors, the following:
(a) Statements by the owner, or by anyone in control of the object, concerning its use;
(b) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act;
(c) The proximity of the object to controlled dangerous substances;
(d) The existence of any residue of controlled dangerous substances on the object;
(e) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons who intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Act; the innocence of the owner, or of anyone in control of the object, as to a direct violation of this Act shall not prevent a finding that the object is drug paraphernalia;
(f) Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances;
(g) Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
(h) The manner in which the object is displayed for sale;
(i) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(j) Direct or circumstantial evidence of the ratio of sales of the object or objects 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.
(4) Exemption for prescription orders. This division (A) shall not apply to any marijuana lawfully obtained or authorized by a valid prescription order from a licensed physician while acting in the course of his or her professional services.
(Prior Code, § 10-404)
(B) Marijuana offenses.
(1) Consumption of marijuana in public prohibited.
(a) For the purpose of this division (B), the following definition applies unless the context clearly requires a different meaning.
PUBLIC. Shall mean:
a. In or upon any public way or public right-of-way, whether in a vehicle or not;
b. On any property or in any building which is owned, leased, used by or open to the public; or
c. In or upon those portions of any private property upon which the public has an express or implied license to enter or remain.
(b) No person shall consume any marijuana in public.
(c) No person shall drive or sit in the driver’s seat of any motor vehicle, other than one licensed to carry passengers for hire, in which a violation of division a. of the definition of “public” above is occurring.
(2) Public nuisance.
(a) 1. No person, tenant, occupant or property owner shall permit the emission of marijuana odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another’s property.
2. Whether or not a marijuana odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity. A marijuana odor emission shall be deemed to interfere with the reasonable and comfortable use and enjoyment of property if marijuana is detectable outside of the premises.
(b) Growing marijuana shall not be conducted in a manner which constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration which is detrimental to the public health, safety or welfare or interferes with the reasonable enjoyment of life and property.
(c) No person shall be convicted of a violation of this division (B) unless the Town Board of Trustees or an agent of the Board has delivered or posted a written warning in the previous 12 months that conduct violating this division (B) is occurring or has occurred.
1. The person, tenant, occupant or property owner must abate the marijuana odor emission within seven days after the warning is delivered or posted.
2. Seven or more days after a warning is posted or delivered, a separate violation of this division (B) occurs on each day the marijuana odor emission repeats or continues.
3. The warning shall cite this division (B).
4. The warning may be delivered personally or posted on the property.
5. It shall be presumed that a person charged under this division (B) received the warning if the warning was either:
a. Delivered to the property owner, a tenant or an occupant; or
b. Posted on the property.
(Prior Code, § 9-504)
(Ord. 2005-02, passed 5-4-2005; Ord. 2018-06, passed 11-8-2018) Penalty, see § 132.99