§ 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)

§ 31-29 RECORDS OF SELLER OF MODEL AIRPLANE GLUE.

   Any person, firm or corporation who offers for public sale any model airplane glue shall be required to maintain a permanent record, recording the name and address of the purchaser and the date, time, substance and quantity sold to any purchaser of model airplane glue as defined by this ordinance. Said record shall be available for inspection by any legitimate police officer at any reasonable time for a period of a least six months.

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

§ 31-30 INHALING OF MODEL AIRPLANE GLUE; USE OF SEEDS.

   (a)   No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model airplane glue or other toxic substances; provided, however, that this section shall not apply to the inhalation of any anesthesia for medical or dental purpose.

   (b)   No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally use any seeds of the plants botanically known as the family of Ipomoea and Ololiuqui.

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