(a) Definitions. As used in this section:
(1) "Cultivate" includes planting, watering, fertilizing or tilling.
(Ord. 74-1981. Passed 4-6-81.)
(2) "Drug paraphernalia" is defined as follows:
A. "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed 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 substance in violation of this chapter. It includes, but is not limited to:
1. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is controlled substance or from which a controlled substance can be derived;
2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
4. Testing equipment used, intended for use or designed for use in identifying, or analyzing the strength, effectiveness or purity of, controlled substances;
5. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose used, intended for use or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;
12. Objects used, intended for use or designed for use in injecting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips; meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers;
B. In determining whether an object is "drug paraphernalia," a court or other authority should consider, in addition to other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any city, state or Federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this chapter;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. 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, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner or of anyone in control of the object, as to a direct violation of this chapter, shall not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia;"
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Direct or circumstantial evidence of the ratio of the sales of the objects to the total sales of the business enterprise;
12. The existence and scope of legitimate uses of the object in the community;
13. Expert testimony concerning its use.
(Ord. 251-1980. Passed 10-6-80.)
(3) "Manufacture" means to plant, cultivate, harvest, process, make, prepare or otherwise engage in any part of the production of a drug by propagation, extraction, chemical synthesis or compounding, or any combination of the same, and includes packaging, repackaging, labeling and other activities incident to production.
(Ord. 74-1981. Passed 4-6-81.)
(b) Possession and Sale Generally.
(1) No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.
(2) No person shall deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.
(3) No person shall place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(4) Any person eighteen years of age or over who violates paragraph (b)(2) hereof by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a special offense.
(5) This subsection shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by Section 513.09.
(6) Any drug paraphernalia used in violation of this subsection shall be seized and forfeited to the Municipality.
(7) If any provision of this subsection or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subsection which can be given effect without the invalid provision or application, and to this end the provisions of this subsection are severable.
(Ord. 251-1980. Passed 10-6-80.)
(c) Sale to Juveniles.
(1) As used in this subsection, "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:
A. Preparing marihuana for ingestion, inhalation or other introduction into the human body;
B. Ingesting, inhaling or otherwise introducing marihuana into the human body;
C. Enhancing the effect of marihuana upon the human body;
D. Testing the strength, effectiveness or purity of marihuana.
(2) No person shall knowingly sell or offer to sell paraphernalia for the use of marihuana to any juvenile.
(3) The following are affirmative defenses to a charge under this subsection:
A. The defendant is the parent, guardian or custodian of the juvenile involved.
B. 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 paragraph (c)(1)A., B., C. or D. hereof, consented to the paraphernalia for the use of marihuana being sold or offered for sale to the juvenile.
C. 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 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 years of age.
(4) 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, 4729, 4731 and 4741 or Ohio R.C. 4723.56. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.09.
(Adopting Ordinance)
(d) Penalties.
(1) Except as otherwise provided in this paragraph, whoever violates subsection (b) hereof is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender has been previously convicted of a drug abuse offense, violation of subsection (b) hereof is a misdemeanor of the first degree. Whoever violates paragraph (b)(4) hereof is guilty of a misdemeanor of the first degree. The penalty shall be as provided in Section 599.02.
(Ord. 251-1980. Passed 10-6-80.)
(2) Whoever violates subsection (c) hereof is guilty of selling paraphernalia for the use of marihuana to juveniles, a misdemeanor of the first degree. The penalty shall be as provided in Section 599.02.
(Ord. 74-1981. Passed 4-6-81.)