The following definitions shall apply in the interpretation of this Article:
(a) “Drug Paraphernalia Establishment” means any place or any part of a place, whether or not operated as a business, where drug paraphernalia are manufactured, stored, displayed, processed, packaged, distributed, offered for sale, or sold. “Drug Paraphernalia Establishment” does not include manufacturers, wholesalers, retailers, pharmacies, or other persons or businesses or professions acting in accordance with the provisions of Ohio R.C. Chapters 3719, 4715, 4729, 4731, and 4741, or properly licensed or authorized research facilities or hospitals.
(b) “Drug Paraphernalia” means devices, equipment, products, and materials of any kind which are used, intended for use or designed for use in planting, 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 Ohio 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 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) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in packaging small quantities of controlled substances.
(8) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
(9) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
(10) Hypodermic syringes, needles and other objects used, intended for use, or designed to inject controlled substances into the human body.
(11) Objects or devices used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil or other controlled substance into the human body. Examples include: metal, wooden, acrylic, glass, stone, plastic, ceramic pipes with or without a screen, permanent screens, hashish heads, or punctured metal bowls; water pipes; smoking masks or carburetor tubes, pipes, masks, or devices; chamber pipes, electric pipes, miniature cocaine spoons or cocaine vials; roach clips; or similar devices or objects.
In determining whether a specific object or device is drug paraphernalia, several factors may be considered. Factors to be considered include instructions, descriptive materials, advertising accompanying the object or device; statements by the owner or other direct or circumstantial evidence concerning its use, proposed use, or proposed sale; the proximity of any controlled substance to the object or device, or the presence of any controlled substance. In determining whether a specific object or device is drug residue on the object or device; the manner in which it is displayed or offered for sale; expert testimony concerning its use.
(Ord. 07-8. Passed 3-19-07.)