§ 31-25 SAME — RIGHT OF ENTRY OF POLICE; SEIZURE AND DISPOSITION OF GAMBLING DEVICES.

   The Chief of Police or any member of the Police force of the City may enter any house, building, room, shed, yard, garden or other place where they have good reason to believe and do believe any gaming or gambling is going on, or any gaming instrument or device or thing used for the purpose of gaming on or with, by which money or other valuable thing may be lost or won is used, kept or concealed, and no person or persons shall in any manner refuse to admit such officers, when admittance is demanded by them, or in any manner hinder or delay them from entering upon demand; said officers may seize or direct to be seized any such instrument, device or thing used for the purpose of gaming on or with by which money or other valuable thing may be lost or won, and all such instruments, devices and things may be demolished or destroyed under the direction of the Chief of Police in case the person or persons in whose possession the same were found shall be convicted of gambling. If such articles are not found in the immediate possession of any person, they shall be kept for a claimant, any person claiming to have been the owner thereof at the time of the taking of the same as aforesaid, shall be as aforesaid upon giving sufficient surety to keep the peace, entitled to a return of such articles, if not convicted.

(Ord. 144, passed 3-10-1902)

§ 31-26 GLUE, MARIHUANA, CONTROLLED SUBSTANCES AND OTHER TOXIC SUBSTANCES — DEFINITIONS OF CERTAIN TERMS.

   As used in this ordinance:

   MODEL AIRPLANE GLUE. Any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles, containing toluene, acetone, methyl ethyl ketone, ethylene dichloride, benzene, carbon tetrachloride, chloroform and other ketones, esters, alcohols, or other solvent or chemical having the property of releasing toxic vapors.

   OTHER TOXIC SUBSTANCE. Naphtha, methanol, toxic esters, ethanol, ester, methyl cellusolve acetate or other volatile substances containing naphtha, methanol or ethanol as active ingredients.

(Ord. 1899, passed 4-18-1966)

§ 31-27 SAME — PURCHASE, SALE AND THE LIKE.

   No person shall, for the purpose of violating or aiding another to violate any provision of §§ 31-27.1 through 31-31, intentionally possess, buy, sell, transfer possession or receive possession of any model airplane glue, marihuana or other toxic substances.

(Ord. 1899, passed 4-18-1966; Ord. 2982, passed 3-10-1986)

§ 31-27.1 SAME — UNLAWFUL DELIVERY OF AND UNLAWFUL POSSESSION WITH INTENT TO DELIVER.

   (a)   For the purpose of this section:

      DELIVER or DELIVERY. The actual, constructive or attempted transfer from one person to another of marihuana, whether or not there is an agency relationship, whether or not there is an exchange for money or any other thing of value.

      MANUFACTURE. The preparation, compounding, conversion, planting, cultivating, growing, harvesting or processing of marihuana either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance.

      MARIHUANA. All parts of the plant Cannabis Sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from stalks, oil or cakes made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

      PERSON. An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

      POSSESSION. Knowingly or intentionally to exercise dominion or control over a controlled substance.

   (b)   Except as authorized by Act 368 of the Public Acts of 1978, known as the Public Health Code, it is unlawful for any person to manufacture, deliver or possess with intent to deliver marihuana.

   (c)   Except as authorized by Act 368 of the Public Acts of 1978, known as the Public Health Code, it is unlawful for any person to possess marihuana.

(Ord. 2677, passed 11-13-1978; Ord. 2715, passed 6-25-1979; Ord. 2982, passed 3-10-1986)

Statutory reference:

   Public Health Code, see MCLA 333.1101 et seq.

§ 31-27.1.1 MEDICAL EXEMPTION FOR POSSESSION AND USE OF MARIHUANA AND MARIHUANA PARAPHERNALIA.

   (a)   The provisions of § 31-11(e), § 31-12(a)(16), § 31-26, § 31-27, § 31-27.1, § 31-27.2, § 31-27.3, and § 31-27.3.1 shall not apply to those persons who use or possess marihuana or marihuana paraphernalia for medical purposes, under the recommendation and direction of a physician, and who possess written proof of same, and shall not apply to caregivers who possess marihuana or marihuana paraphernalia for delivery to such persons.

   (b)   CAREGIVER shall be construed to mean such a person or persons who bear substantial responsibilities for meeting the medical needs of a person who possesses or uses marihuana or marihuana paraphernalia under the recommendation and direction of a physician.

(Ord. 3695, passed 2-27-2007)