As used in this chapter:
(a) Controlled Substance. "Controlled substance" means a drug, substance or immediate precursor, as defined in the State Public Health Code, being Act 368 of the Public Acts of 1978 (MCL 333.7201 through 333.7231), as amended.
(b) Drug Paraphernalia. "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or 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 in violation of any of the provisions of this chapter. In further definition of "drug paraphernalia" the following shall be considered:
(1) Types of paraphernalia. "Drug paraphernalia" includes, but is not limited to, the following:
A. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
B. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
C. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
D. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
E. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used, intended for use or designed for use in cutting controlled substances;
G. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
H. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
I. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
J. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
K. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; and
L. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips (objects used to hold burning materials, such as a marihuana cigarette that has become too small or too short to be held in the hand);
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
(2) Determination of paraphernalia. In determining whether or not an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
A. Statements by the owner or by anyone in control of the object concerning its use;
B. Prior convictions, if any, of the owner or of anyone in control of the object, under any State or Federal law relating to a controlled substance;
C. The proximity of the object, in time and space, to a direct violation of this chapter;
D. The proximity of the object to controlled substances;
E. The existence of any residue of controlled substances on the object;
F. Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object to deliver it to a person who he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this chapter. The innocence of the owner or of anyone in control of the object, as to a direct violation of this chapter, should not prevent a finding that the object is intended or designed for use as drug paraphernalia.
G. Instructions, oral or written, provided with the object concerning its use;
H. Descriptive materials accompanying the object which explain or depict its use;
I. National and local advertising concerning use of the object;
J. The manner in which the object is displayed for sale;
K. Whether or not the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
L. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
M. The existence and scope of legitimate uses for the object in the community; and
N. Expert testimony concerning use of the object.
(Ord. 406. Passed 4-6-81.)