§ 31-27.2 DEFINITIONS RELATIVE TO CONTROLLED SUBSTANCES.

   COCAINE SPOON. A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful use of a spoon. A COCAINE SPOON may or may not be merchandised on a chain and may or may not be labeled as a “cocaine” spoon or “coke” spoon.

   CONTROLLED SUBSTANCE. Any drug, substance, or immediate precursor enumerated in Sections 7210 – 7220, Act 368 of the Public Acts of 1978, as amended, commonly known as the Public Health Code.

   MARIHUANA or HASHISH PIPE. A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is smoking of marihuana or hashish, rather than lawful smoking of tobacco, and which may or may not be equipped with a screen.

   PARAPHERNALIA. An empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marihuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance.

   PERSON. Any individual, corporation, government or governmental subdivision or agency, trust, business trust, estate, partnership or association.

(Ord. 2981, passed 2-24-1986)

Statutory reference:

   Public Health Code, see MCLA 333.1101 et seq.

§ 31-27.3 USE OF PARAPHERNALIA FOR CONTROLLED SUBSTANCES; EXCEPTIONS.

   (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.

§ 31-27.3.1 NOTICE OF VIOLATION OF § 31-27.3.

   Before a person can be arrested or charged with a violation of § 31-27.3 hereof, the Chief Legal Officer for the City of Flint shall notify the person in writing, not less than two (2) days before the person is to be arrested or charged, that the person is in possession of a specific material that has been determined by the Chief Legal Officer to be unlawful under the terms of § 31-27.3 hereof. The notice shall request that the person refrain from offering the material for sale, and shall further state that no arrest will be made or charges filed in the event that person complies with the notice. Compliance shall be complete defense to prosecution under § 31-27.3 so long as compliance continues.

(Ord. 3097, passed 4-24-1989)

§ 31-27.4 PENALTY FOR VIOLATIONS OF §§ 31-27.2 AND 31-27.3.

   A person who violates any provision or provisions of §§ 31-27.2 and 31-27.3, upon conviction, shall be punished with a fine not exceeding five hundred dollars ($500.00) or imprisonment for a period not to exceed ninety (90) days, or both, in the discretion of the Court. Each day of the violation shall be considered a separate offense.

(Ord. 2981, passed 2-24-1986)

§ 31-28 PROOF THAT PURCHASER OF MODEL AIRPLANE GLUE IS 17 OR OLDER.

   Any person who offers for public sale any model airplane glue as defined herein shall first require proof that the purchaser is seventeen years of age or older and shall require identification in the nature of a driver’s license or other valid proof of age.

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