(a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marihuana pipe, hashish pipe, or other instrument, implement or device that is primarily adapted or designed for the administration or use of any controlled substance as enumerated in Sections 7210 – 7220, Act 368 of the Public Acts of 1978, as amended, commonly known as the Public Health Code, being MCLA §§ 333.1101 et seq. and MSA §§ 14.15(1101) et seq.
(b) The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal, lawful course of their respective businesses or professions, nor to common carriers or warehouses or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self- injections.
(c) The prohibition contained in this section shall not apply to persons who are participants of the Wellness AIDS Service Incorporated Approved Syringe Exchange Program.
(Ord. 2981, passed 2-24-1986; Ord. 3763, passed 1-11-2010; Ord. 3797, passed 8-8-2011)
Statutory reference:
Public Health Code, see MCLA 333.1101 et seq.