Skip to code content (skip section selection)
Compare to:
Montgomery Overview
Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Loading...
§ 138.12 COUNTERFEIT CONTROLLED SUBSTANCES.
   (A)   No person shall knowingly possess any counterfeit controlled substance.
   (B)   Whoever violates division (A) of this section shall be guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(R.C. § 2925.37(A), (G))
Statutory reference:
   Trafficking and other felony counterfeit controlled substance offenses, see R.C. § 2925.37(H) - (M)
§ 138.13 USE, POSSESSION, OR SALE OF DRUG PARAPHERNALIA.
   (A)   As used in this section, DRUG PARAPHERNALIA means any equipment, product, or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in 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 this chapter. The term includes but is not limited to any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:
      (1)   A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived.
      (2)   A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance.
      (3)   Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine.
      (4)   An isomerization device for increasing the potency of any species of a plant that is a controlled substance.
      (5)   Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance.
      (6)   A scale or balance for weighing or measuring a controlled substance.
      (7)   A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance.
      (8)   A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana.
      (9)   A blender, bowl, container, spoon, or mixing device for compounding a controlled substance.
      (10)   A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance.
      (11)   A container or device for storing or concealing a controlled substance.
      (12)   A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body.
      (13)   An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.
   (B)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
      (1)   Any statement by the owner or by anyone in control of the equipment, product, or material, concerning its use.
      (2)   The proximity in time or space of the equipment, product, or material, or of the act relating to the equipment, product, or material, to a violation of any provision of this chapter or R.C. Chapter 2925.
      (3)   The proximity of the equipment, product, or material to any controlled substance.
      (4)   The existence of any residue of a controlled substance on the equipment, product, or material.
      (5)   Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product, or material, to deliver it to any person whom he or she knows intends to use the equipment, product, or material to facilitate a violation of any provision of this chapter or R.C. Chapter 2925. A finding that the owner or anyone in control of the equipment, product, or material is not guilty of a violation of any other provision of this chapter or R.C. Chapter 2925 does not prevent a finding that the equipment, product, or material was intended or designed by the offender for use as drug paraphernalia.
      (6)   Any oral or written instruction provided with the equipment, product, or material concerning its use.
      (7)   Any descriptive material accompanying the equipment, product, or material and explaining or depicting its use.
      (8)   National or local advertising concerning the use of the equipment, product, or material.
      (9)   The manner and circumstances in which the equipment, product, or material is displayed for sale.
      (10)   Direct or circumstantial evidence of the ratio of the sales of the equipment, product, or material to the total sales of the business enterprise.
      (11)   The existence and scope of legitimate uses of the equipment, product, or material in the community.
      (12)   Expert testimony concerning the use of the equipment, product, or material.
   (C)   (1)   Subject to division (D)(2) of this section, no person shall knowingly use, or possess with purpose to use, drug paraphernalia.
      (2)   No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if he or she knows or reasonably should know that the equipment, product, or material will be used as drug paraphernalia.
      (3)   No person shall place an advertisement in any newspaper, magazine, handbill, or other publication that is published and printed and circulates primarily within this state, if he or she knows that the purpose of the advertisement is to promote the illegal sale in this municipality or in this state of the equipment, product, or material that the offender intended or designed for use as drug paraphernalia.
   (D)   (1)   This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by R.C. § 3719.172.
      (2)   Division (C)(1) of this section does not apply to a person’s use, or possession with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
   (E)   Notwithstanding R.C. Chapter 2981, any drug paraphernalia that was used, possessed, sold, or manufactured in violation of this section shall be seized, after a conviction for that violation, shall be forfeited, and upon forfeiture shall be disposed of pursuant to R.C. § 2981.12(B).
   (F)   (1)   Whoever violates division (C)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.
      (2)   Except as provided in division (F)(3) of this section, whoever violates division (C)(2) of this section is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.
      (3)   Whoever violates division (C)(2) of this section by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.
      (4)   Whoever violates division (C)(3) of this section is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.
   (G)   In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months nor more than five years the offender's driver's or commercial driver's license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with R.C. § 2925.38.
(R.C. § 2925.14)
   (H)   Illegal use or possession of marihuana drug paraphernalia.
      (1)   As used in this division (H), DRUG PARAPHERNALIA has the same meaning as in division (A) of this section.
      (2)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in division (B) of this section.
      (3)   No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
      (4)   This division (H) does not apply to any person identified in division (D)(1) of this section, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by R.C. § 3719.172.
      (5)   Division (E) of this section applies with respect to any drug paraphernalia that was used or possessed in violation of this section.
      (6)   Whoever violates division (H)(3) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
      (7)   In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with R.C. § 2925.38.
(R.C. § 2925.141)
§ 138.14 CONTROLLED SUBSTANCE OR PRESCRIPTION LABELS.
   (A)   Whenever a manufacturer sells a controlled substance, and whenever a wholesaler, repackager, or outsourcing facility sells a controlled substance in a package the wholesaler, repackager, or outsourcing facility has prepared, the manufacturer or the wholesaler, repackager, or outsourcing facility, as the case may be, shall securely affix to each package in which the controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein. No person, except a pharmacist for the purpose of dispensing a controlled substance upon a prescription shall alter, deface, or remove any label so affixed. As used in this division, "repackager" and "outsourcing facility" have the same meanings as in R.C. § 4729.01.
   (B)   No person shall alter, deface or remove any label affixed pursuant to R.C. § 3719.08 as long as any of the original contents remain.
(R.C. § 3719.08(A), (E))
   (C)   Whoever violates this section is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, or R.C. § 3719.07 or 3719.08, or a drug abuse offense, a violation of this section is a felony to be prosecuted under appropriate state law. If the violation involves the sale, offer to sell, or possession of a Schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, then R.C. § 3719.99(D) applies.
(R.C. § 3719.99(C))
§ 138.15 POSSESSION, SALE AND DISPOSAL OF HYPODERMICS.
   (A)   Possession of a hypodermic is authorized for the following:
      (1)   A manufacturer or distributor of, or dealer in hypodermics, or medication packaged in hypodermics, and any authorized agent of employee of that manufacturer, distributor or dealer, in the regular course of business;
      (2)   A terminal distributor of dangerous drugs, in the regular course of business;
      (3)   A person authorized to administer injections, in the regular course of the person's profession or employment;
      (4)   A person, when the hypodermic in his possession was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs;
      (5)   A person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;
      (6)   A farmer, for the lawful administration of a drug to an animal;
      (7)   A person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.
   (B)   No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (A) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person's possession from theft or acquisition by any unauthorized person.
(R.C. § 3719.172(A), (B))
   (C)   Whoever violates division (B) of this section is guilty of a misdemeanor of the third degree. If the offender previously has been convicted of a violation of division (B) of this section, R.C. § 3719.05, 3719.06, 3719.13, 3719.172(B), or 3719.31, or a drug abuse offense, a violation of division (B) of this section is a misdemeanor of the first degree.
(R.C. § 3719.99(E))
Statutory reference:
   Felony offenses, see R.C. § 3719.172(C), (D)
§ 138.16 CONTROLLED SUBSTANCE SCHEDULES.
   Controlled Substance Schedules I, II, III, IV, and V, as established in R.C. § 3719.41 and amended by R.C. §§ 3719.43 and 3719.44, are hereby adopted by reference, and shall be treated as if set forth in full herein.
Loading...