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(a) As used in this section, “paraphernalia for the use of marihuana” means any instrument, device, article or thing, whether or not of crude or extemporized manufacture or assembly, that is used or intended for use for any of the following:
(1) Preparing marihuana for ingestion, inhalation or other introduction into the human body;
(2) Ingesting, inhaling or otherwise introducing marihuana into the human body;
(3) Enhancing the effect of marihuana upon the human body;
(4) Testing the strength, effectiveness or purity of marihuana.
(b) No person shall knowingly sell or offer to sell paraphernalia for the use of marihuana to any juvenile.
(c) The following are affirmative defenses to a charge under this section:
(1) The defendant is the parent, guardian or custodian of the juvenile involved;
(2) The juvenile involved, at the time the paraphernalia for the use of marihuana was sold or offered for sale to him or her, was accompanied by his or her parent, guardian or custodian who, with knowledge that the paraphernalia sold or offered for sale would be used or was intended for use for a purpose set forth in division (a)(1), (2), (3), or (4) of this section, consented to the paraphernalia for the use of marihuana being sold or offered for sale to the juvenile;
(3) The juvenile involved exhibited to the defendant or his or her agent or employee a draft card, driver’s license, birth certificate or other official or apparently official document purporting to show that the juvenile was eighteen (18) years of age or older, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under eighteen (18) years of age.
(d) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with RC Chapters 3719, 4715, 4729, 4731 or 4741.
(e) Whoever violates this section is guilty of selling paraphernalia for the use of marihuana to juveniles, a misdemeanor of the first degree.
(Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)