(A) Possession of controlled substances.
(1) A person shall not knowingly or intentionally possess a controlled substance or an official prescription form or a prescription form unless the controlled substance, official prescription form, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this section.
(2) A person who violates this section as to any of the following is subject to the provisions of § 132.99:
(a) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5;
(b) Marijuana; or
(c) A prescription form other than an official prescription form.
(B) Possession of drug paraphernalia. Purpose of this division (B) is to regulate the selling, displaying, furnishing, supplying or giving away of certain paraphernalia designed to facilitate the unlawful use or administration of controlled substances.
(1) Definitions.
COCAINE SPOON. A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful use of a spoon. A COCAINE SPOON may or may not be merchandised on a chain and may or may not be labeled as a “cocaine spoon” or “coke spoon.”
CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor enumerated in Public Act 368 of 1978, §§ 7210 through 7220, being M.C.L.A. §§ 333.7210 et seq., as amended (commonly known as the Health Code).
MARIJUANA OR HASHISH PIPE. Any type of pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
PARAPHERNALIA. Any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance.
PERSON. Any individual, corporation, government or governmental subdivision agency, business trust or estate.
(2) Acts declared to be unlawful. It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe, or other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance as enumerated in Public Act 368 of 1978, §§ 7210-7220, being M.C.L.A. §§ 333.7210 et seq., as amended (commonly known as the Public Health Code). The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, veterinarians, pharmacists or embalmers in the normal, lawful course of their respective businesses or professions, nor to the common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma or any other medical condition requiring self injections.
(Ord. 374, passed 1-8-1998)
(C) Prescription drug transfers. It shall be unlawful for any person to possess a drug, pharmaceutical preparation, or chemical belonging to another person, or to possess for the purpose of resale, or sell, offer to sell, dispense or give away a drug, pharmaceutical preparation or chemical that has been dispensed on prescription and has left the control of a pharmacist.
(Ord. 374.8, passed 7-8-2004)
Penalty, see § 132.99