624.14   USE OR POSSESSION OF PARAPHERNALIA.
   (a)   As used in this section, “drug paraphernalia” means any equipment, product or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in 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 or of Ohio R.C. Chapter 2925. “Drug paraphernalia” includes, but is not limited to, any of the following equipment, products or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:
      (1)   A kit for propagating, cultivating, growing or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;
      (2)   A kit for manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
      (3)   Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine.
      (4)   An isomerization device for increasing the potency of any species of a plant that is a controlled substance;
      (5)   Testing equipment for identifying, or analyzing the strength, effectiveness or purity of, a controlled substance;
      (6)   A scale or balance for weighing or measuring a controlled substance;
      (7)   A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, for cutting a controlled substance;
      (8)   A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;
      (9)   A blender, bowl, container, spoon or mixing device for compounding a controlled substance;
      (10)   A capsule, balloon, envelope or container for packaging small quantities of a controlled substance;
      (11)   A container or device for storing or concealing a controlled substance;
      (12)   A hypodermic syringe, needle or instrument for parenterally injecting a controlled substance into the human body;
      (13)   An object, instrument or device for ingesting, inhaling or otherwise introducing into the human body, marihuana, cocaine, hashish or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe, with or without a screen, permanent screen, hashish head or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air-driven pipe; chillum; bong; or ice pipe or chiller.
   (b)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
      (1)   Any statement by the owner or by anyone in control of the equipment, product, or material, concerning its use.
      (2)   The proximity in time or space of the equipment, product, or material, or of the act relating to the equipment, product, or material, to a violation of any provision of this chapter or Ohio R.C. Chapter 2925.
      (3)   The proximity of the equipment, product, or material to any controlled substance.
      (4)   The existence of any residue of a controlled substance on the equipment, product, or material.
      (5)   Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product, or material, to deliver it to any person whom he or she knows intends to use the equipment, product, or material to facilitate a violation of any provision of this chapter or Ohio R.C. Chapter 2925.  A finding that the owner or anyone in control of the equipment, product, or material is not guilty of a violation of any other provision of this chapter or Ohio R.C. Chapter 2925 does not prevent a finding that the equipment, product, or material was intended or designed by the offender for use as drug paraphernalia.
      (6)   Any oral or written instruction provided with the equipment, product, or material concerning its use.
      (7)   Any descriptive material accompanying the equipment, product, or material and explaining or depicting its use.
      (8)   National or local advertising concerning the use of the equipment, product, or material.
      (9)   The manner and circumstances in which the equipment, product, or material is displayed for sale.
      (10)   Direct or circumstantial evidence of the ratio of the sales of the equipment, product, or material to the total sales of the business enterprise.
      (11)   The existence and scope of legitimate uses of the equipment, product, or material in the community.
      (12)   Expert testimony concerning the use of the equipment, product, or material.
   (c)   (1)   Subject to division (d)(2) of this section, no person shall knowingly use, or possess with purpose to use, drug paraphernalia.
      (2)   No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if the person knows or reasonably should know that the equipment, product or material will be used as drug paraphernalia.
      (3)   No person shall place an advertisement in any newspaper, magazine, handbill or other publication that is published and printed and circulates primarily within this Municipality, if the person knows that the purpose of the advertisement is to promote the illegal sale in this Municipality of the equipment, product or material that the offender intended or designed for use as drug paraphernalia.
   (d)   (1)   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, 4723, 4729, 4730, 4731 and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Ohio R.C. 3719.172 or any substantially equivalent municipal ordinance.
      (2)   Division (c)(1) of this section does not apply to a person’s use, or possession with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
   (e)   Notwithstanding Ohio R.C. 2981, any drug paraphernalia that was used, possessed, sold, or manufactured in violation of this section shall be seized, after a conviction for that violation, shall be forfeited, and upon forfeiture shall be disposed of pursuant to Ohio R.C. 2981.12(B).
   (f)   (1)   Whoever violates division (c)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.
      (2)   Except as provided in division (f)(3) of this section, whoever violates division (c)(2) of this section is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.
      (3)   Whoever violates division (c)(2) of this section by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.
      (4)   Whoever violates division (c)(3) of this section is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.
   (g)   (1)   In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five (5) years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five (5) years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with R.C. § 2925.38.
      (2)   A.   Any offender who received a mandatory suspension of the offender’s driver’s or commercial driver’s license or permit under this section prior to September 13, 2016 may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender’s license or permit was suspended under this section shall not file such a motion.
         B.   Upon the filing of a motion under division (g)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(R.C. § 2925.14)
   (h)   Illegal Use or Possession of Marihuana Drug Paraphernalia.
      (1)   As used in this division (h), “drug paraphernalia” has the same meaning as in division (a) of this section.
      (2)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in division (b) of this section.
      (3)   No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
      (4)   This division (h) does not apply to any person identified in division (d)(1) of this section, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by R.C. § 3719.172.
      (5)   Division (e) of this section applies with respect to any drug paraphernalia that was used or possessed in violation of this section.
      (6)   Whoever violates division (h)(3) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
      (7)   A.   In addition to any other sanction imposed upon an offender for a violation division (h) of this section, the court may suspend for not more than five (5) years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five (5) years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of division (h) of this section, the court immediately shall comply with R.C. § 2925.38.
         B.   1.   Any offender who received a mandatory suspension of the offender’s driver’s or commercial driver’s license or permit under division (h) of this section prior to September 13, 2016 may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender’s license or permit was suspended under division (h) of this section shall not file such a motion.
            2.   Upon the filing of a motion under division (h)(7)B. of this section, the sentencing court, in its discretion, may terminate the suspension.
(R.C. § 2925.141)