(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Shall have the meaning ascribed it in § 3 of the State Cannabis Control Act as if that definition were incorporated herein.
CONTROLLED SUBSTANCE. Has the meaning ascribed to it in § 102 of the State Controlled Substance Act, as if that definition were incorporated herein.
DRUG PARAPHERNALIA. All equipment, products, and materials of any kind which are peculiar to and/or marketed 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 cannabis or a controlled substance in violation of the Cannabis Control Act or the State Controlled Substances Act. It includes but is not limited to:
(a) Kits peculiar to and/or marketed for use in manufacturing, compounding, converting, producing, processing, or preparing cannabis or a controlled substance;
(b) Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;
(c) Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness, or purity of cannabis or controlled substances;
(d) Diluents and adulterant peculiar to and marketed for cutting cannabis or a controlled substance by private persons;
(e) Objects peculiar to and/or marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:
1. Water pipes;
2. Carburetion tubes and devices;
3. Smoking and carburetion masks;
4. Miniature cocaine spoons and cocaine vials;
5. Carburetor pipes;
6. Electric pipes;
7. Air-driven pipes;
8. Chillums;
9. Bongs;
10. Ice pipes or chillers; and
(Prior Code, § 27-16-1)
(B) Possession of cannabis or controlled substance. It shall be unlawful for any person to use, possess, distribute, or deliver any cannabis or controlled substance, as defined in this section.
(Prior Code, § 27-16-2)
(C) Possession of drug paraphernalia. A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body or in preparing cannabis or a controlled substance for that use is guilty of a violation of this section. In determining intent under division (C)(1) above, the trier of fact may take into consideration the proximity of the cannabis or a controlled substance on the drug paraphernalia.
(Prior Code, § 27-16-3)
(D) Exemptions. Exemptions to this section include:
(1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale;
(2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this section include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers;
(3) Items listed in division (A) above which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section; and
(4) In determining whether or not a particular item is exempt under this division (D), the trier of fact should consider, in addition to all other logically relevant factors, the following:
(a) The general, usual, customary, and historical use to which the item involved has been put;
(b) Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
(c) Any written instruction accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
(d) Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
(e) Any national or local advertising concerning the design, purpose, or use of the item involved and the entire context in which such advertising occurs;
(f) The manner, place, and circumstances in which the items was displayed for sale as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
(g) 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; and
(h) The existence and scope of legitimate uses for the object in the community.
(Prior Code, § 27-16-4)
Penalty, see § 132.99