(a) Definitions. The following terms, phrases, words and their derivations shall have the meaning given herein.
(1) “Controlled substance” means any drug, substance, or immediate precursor in Schedules 1 through 5 of Part 72 of Michigan's Public Health Code, MCL 333.1101 et seq., amendments thereto, and the corresponding provisions of any successor statute.
(2) “Drug paraphernalia.”
A. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
B. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant, which is a controlled substance;
C. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances;
D. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
E. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seed from, or in otherwise cleaning or refining, marijuana;
F. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
G. Hypodermic syringes, needles, and other objects used or intended for use in injecting controlled substances into the human body;
H. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons, and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; or
13. Ice pipes or chillers.
I. In determining whether an object is “drug paraphernalia”, a court or other authority may consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object to controlled substances; and
3. The existence of any residue of controlled substances on the object.
(b) Possession, Manufacture, and Sale Prohibited; Exceptions.
(1) Possession, manufacture, and sale of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.
(2) Exceptions. To the extent of such permitted conduct only, this section does not apply to any person or entity who is licensed, registered, is in possession of a valid prescription or is otherwise permitted by law to manufacture, use, possess, prescribe, dispense, distribute, conduct research with respect to, or administer a controlled substance; including persons suffering from asthma, diabetes, or other medical conditions requiring introduction of a controlled substance into the human body.
(c) Civil Forfeiture. Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell in violation of this section shall be seized and forfeited to the City.
(d) Penalty. Any person who shall be convicted of any of this offense is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed ninety-three days, or both, in the discretion of the court. Each day a violation continues shall be considered a separate offense and may be punished accordingly.
(Ord. 309. Passed 1-5-10.)