(a) No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal or inject, ingest, inhale or otherwise introduce into the human body, a controlled substance in violation of any of the provisions of this chapter.
(b) No person shall deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal or inject, ingest, inhale or otherwise introduce into the human body, a controlled substance in violation of any of the provisions of this chapter.
(c) No person shall place in any newspaper, magazine, handbill or other publication, any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(d) Any person eighteen years of age or over who violates subsection (b) hereof by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a special offense.
(e) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741 or Ohio R.C. 4723.56. This section shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by Section 624.09.
(f) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.
(g) If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(h) Whoever violates any of the provisions of subsection (a), (b) or (c) hereof is guilty of a misdemeanor of the second degree. If the offender has previously been convicted of a violation of subsection (a), (b) or (c) hereof, any subsequent violation of the same subsection is a misdemeanor of the first degree. Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree. The penalty shall be as provided in Section 698.02.
(Ord. 1986-115. Passed 10-1-86.)