DRUG PARAPHERNALIA. 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, enhancing the effect of or otherwise introducing into the human body a controlled substance as defined in R.C. Chapter 3719. It includes, but is not limited to:
(1) 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.
(2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(5) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, rannite, dextrose and lactrose, used, intended for use or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or otherwise cleaning or refining marihuana.
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use or designed for use in packaging small quantities of controlled substances.
(9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
(10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
(12) 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:
(a) Metal, wooden, acrylic, glass, stone, plastic, ceramic pipes with or without a screen, permanent screens, hashish heads or punctured metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Smoking and carburetion masks.
(e) Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small to too short to be held in the hand.
(f) Miniature cocaine spoons and cocaine vials.
(g) Chamber pipes.
(h) Carburetor pipes.
(i) Electric pipes.
(j) Air-driven pipes.
(k) Chillums.
(l) Bongs.
(m) Ice pipes or chillers.
(B) In determining whether an object is "drug paraphernalia", in addition to all other logically relevant factors, the following may be considered:
(1) Statements by an owner, or by any person in control of the object concerning its use.
(2) Prior conviction, if any, of an owner, or of any person in control of the object, under any state statute or federal law relating to any controlled substance.
(3) The proximity of the object to any controlled substance.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of the owner, or of any person in control of the object to deliver it to persons whom he knows, or should reasonably know, intends to use the object to facilitate a violation of any state statute or federal law relating to any controlled substances.
(6) Instructions, written or oral, provided with the object concerning its use.
(7) Descriptive materials accompanying the object which explain or depict its use.
(8) Any advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) The existence and scope of legitimate uses for the object in the community.
(11) Whether the owner, or any person in control, of the object is a supplier of similar or related items to the community for legal purposes such as an authorized distributor or dealer of tobacco products.
(12) Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise.
(13) Expert testimony concerning its use.
(14)
DRUG PARAPHERNALIA ESTABLISHMENT. Any place, whether or not operated as a business, within a building, structure or dwelling, or any part thereof, of any parcel located within the city where drug paraphernalia, as defined by this article, is manufactured, distributed or offered for sale. Drug paraphernalia establishments do not include manufacturers, practitioners, pharmacists, owners of pharmacies or other persons who conduct a business or profession in accordance with R.C. Chapters 3719, 4715, 4729, 4731, and 4741.
(Ord. 6-1993, passed 3-8-93)