(A) A person who commits any of the following acts, and is not otherwise authorized by this section or by state law to conduct such activities, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law.
(B) Except for a person who engaged in conduct described in M.C.L.A. § 333.27954, a person who possesses not more than the amount of marijuana allowed pursuant to state statute, cultivates not more than the amount of marijuana allowed pursuant to state statute, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marijuana allowed pursuant to state statute, or possesses with intent to deliver not more than the amount of marijuana allowed pursuant to state statute, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marijuana.
(C) Except for a person who engaged in conduct described in M.C.L.A. § 333.27954, a person who possesses not more than twice the amount of marijuana allowed pursuant to state statute, cultivates not more than twice the amount of marijuana allowed pursuant to state statute, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marijuana allowed pursuant to state statute:
(1) For a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marijuana;
(2) For a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marijuana;
(3) For a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marijuana.
(D) Except for a person who engaged in conduct described by M.C.L.A. § 333.27954, a person under 21 years of age who possesses not more than 2.5 ounces of marijuana or who cultivates not more than 12 marijuana plants:
(1) For a first violation, is responsible for a civil infraction and may be punished as follows:
(a) If the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marijuana, and completion of four hours of drug education or counseling; or
(b) If the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marijuana.
(2) For a second violation, is responsible for a civil infraction and may be punished as follows:
(a) If the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marijuana, and completion of eight hours of drug education or counseling; or
(b) If the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marijuana.
(E) Except for a person who engaged in conduct described in M.C.L.A. § 333.27954, a person who possesses more than twice the amount of marijuana allowed pursuant to state statute, cultivates more than twice the amount of marijuana allowed pursuant to state statute, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marijuana allowed pursuant to state statute, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.
(Ord. 11-190, passed 7-19-2011; Am. Ord. 13-201, passed 3-19-2013; Am. Ord. 22-004-136.01; 136.03, passed 9-20-2022) Penalty, see § 130.99
No person shall:
(A) Attempt to obtain a prescription drug by giving a false or fictitious name to a pharmacist or other authorized seller, prescriber, or dispenser;
(B) Falsely represent himself or herself to be a lawful prescriber, dispenser, or licensee, or, acting on behalf of any of them, obtain a prescription drug;
(C) Falsely make, utter, publish, pass, alter, or forge a prescription;
(D) Knowingly possess a false, fictitious, forged, or altered prescription;
(E) Knowingly attempt to obtain, obtain, or possess a drug by means of a prescription for other than a legitimate therapeutic purpose or as a result of a false, fictitious, forged, or altered prescription;
(F) Possess or control for the purpose of resale, or sell, offer to sell, dispense, or give away a drug, pharmaceutical preparation, or chemical which has been dispensed on prescription and has left the control of a pharmacist, or has been damaged or subjected to damage by heat, smoke, fire, water, or other cause and which is unfit for human or animal use;
(G) Prepare or permit the preparation of prescription drugs except as delegated by a pharmacist; or
(H) Sell at auction drugs in bulk or in open packages unless the sale has been approved in accordance with the laws of the state.
(Ord. 11-190, passed 7-19-2011) Penalty, see § 130.99
(A) It shall be unlawful for any person to possess, use, attempt to possess, or attempt to use drug tools or paraphernalia.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COCAINE SPOON. A spoon with a bowl so small that the primary use for which it is designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical and customary use of a spoon or baby spoon.
CONTROLLED SUBSTANCE. Any drug enumerated in Public Act 368 of 1978, §§ 7210 - 7220, as amended (commonly known as the Public Health Code).
DRUG TOOL. Includes cocaine spoons, marijuana pipes, hashish pipes, roach clips, or other implements or devices primarily designed or adopted for the illegal administration or use of controlled substances.
PERSON. Any individual, public or private corporation, partnership, or association. The term PERSON shall not include licensed medical technicians, technologists, hospitals, clinical laboratories, or public officers or employees engaged in the performance of their official duties.
ROACH CLIP. A device used to facilitate the smoking of a marijuana cigarette by attachment to the butt of such a cigarette.
(Ord. 11-190, passed 7-19-2011; Am. Ord. 16-221, passed 11-10-2016; Am. Ord. 22-004-136.01; 136.03, passed 9-20-2022) Penalty, see § 130.99