(a) Definitions. As used in this section, unless the context clearly indicates a different meaning:
COCAINE SPOON. A spoon with a bowl reasonably adapted or designed to hold or administer cocaine as its primary use, and/or has been previously used to hold or administer cocaine, and/or is otherwise unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be merchandised on a chain and may or may not be labeled as COCAINE SPOON or COKE SPOON.
CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor enumerated in Schedules 1 through 5, Act 368 of 1978, Public Health Code, being M.C.L.A. §§ 333.7211 et seq., as amended.
MARIHUANA OR HASHISH PIPE. A pipe characterized by a bowl which is reasonably adapted or designed for smoking marihuana or hashish as its primary use, rather than lawful smoking tobacco, and/or which has been previously used for smoking marihuana or hashish, 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, designed, and/or has been previously used for the administration or use of any controlled substance.
PERSON. Any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association.
(b) Prohibitions. No person shall possess, 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 any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance, and/or has otherwise been previously been used for the administration or use of any controlled substance.
(c) Exceptions. The prohibition contained in division (b) above 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 other medical condition requiring self-injection, nor to persons in lawful possession of a license, or government authorized card authorizing the ingestion of marihuana for medical purposes.
(Ord. 175, passed 6-11-1986; Ord. 1509-01, passed 10-14-2015)