(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing; analyzing; packaging; repackaging; storing; containing; concealing; injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance; including, but not limited to, all of the following:
(a) An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance.
(b) Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.
(c) A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.
(d) A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.
(e) A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.
(f) An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.
(g) A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
(h) A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(i) A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
(j) A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.
(k) A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose.
(1) A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
(m) A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.
(B) Prohibited conduct. Subject to division (C), a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(C) Notice. Before a person is arrested for a violation of this subsection, the Village Attorney shall notify the person in writing, not less than two business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the Village Attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of this division. If a person complies with such a notice, the compliance is a complete defense for the person against a prosecution under this division as long as the compliance continues.
(D) Exemptions. The above provisions do not apply to any of the following:
(1) An object sold or offered for sale to a person licensed under state law or any intern, trainee, apprentice, or assistant in a profession licensed under state law for use in that profession.
(2) An object sold or offered for sale to any hospital, sanitarium, clinical laboratory, or other health care institution including a penal, correctional, or juvenile detention facility for use in that institution.
(3) An object sold or offered for sale to a dealer in medical, dental, surgical, or pharmaceutical supplies.
(4) A blender, bowl, container, spoon, or mixing device not specifically designed for a use described above.
(5) A hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals.
(6) An object sold, offered for sale, or given away by a state or local governmental agency or by a person specifically authorized by a state or local governmental agency to prevent the transmission of infectious agents.
(1984 Code, § 4-02-02-350) (Ord. 13, passed 10-19-1970 2-17-1970; Ord. 417, passed 10-3-2012) Penalty, see § 131.99