(A) General prohibition. It is unlawful for any person to use or knowingly or intentionally to possess lysergic acid diethlamide, peyote, mescaline, dimethyltryptamine, psicolyn or such other substances as defined in Schedules 1 through 5 of Public Act 368 of 1978, as amended, being M.C.L.A. § 333.7336, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner (PRACTITIONER being defined as in M.C.L.A. § 333.7109(3)(a) and (3)(b), as amended) while acting in the course of his or her professional practice or except as otherwise authorized by this section.
(B) First offenders. When any person who has not previously been convicted as set forth herein or under any statute of the United States or state law or municipal ordinance relating to possession or use of the substances as defined herein pleads guilty to or is found guilty of violating this section, the court, without entering a judgment of guilt and with the consent of the accused person, may defer further proceedings and place the accused person on probation upon certain terms and conditions, including therein such requirement that the accused person attend courses of instruction or rehabilitation on the medical, psychological and social effects of the misuse of drugs and/or the substances defined herein. Upon violation of a term of condition, the court may enter an adjudication of guilt and proceed as the court determines. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceeding against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for the purposes of disqualifications or disabilities imposed by law upon the conviction of a crime. There may be only one discharge and dismissal under this division (B) with respect to any person. The Department of Public Safety shall retain a nonpublic record of an arrest and discharge or dismissal under this division (B). This record shall be furnished to any court or police agency upon request for the purpose of showing that a defendant in a criminal action involving possession or use of the substances as defined above has already once availed himself or herself of the provisions of this division (B).
(C) Possession of drug paraphernalia. A person shall not possess drug paraphernalia as defined by Public Act 368, § 7451 of 1978, being M.C.L.A. § 333.7451, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by Public Act 368 of 1978, part 71, being M.C.L.A. §§ 333.7101 et seq. This division (C) shall not apply to the lawful use of marihuana, but shall apply to possession of marihuana paraphernalia by persons less than 21 years of age.
(D) Hypodermic syringes, needles and the like. It shall be unlawful for any person to have, possess, sell, offer to sell, dispense or give away any hypodermic syringe, needle or any other instrument or implement for the illegal use of narcotic or dangerous or hallucinatory drugs as defined by state law, by subcutaneous injection or intracutaneous injection or any other manner or method of introduction and which is possessed, sold, offered, dispensed or given away for that purpose.
(E) Loitering about places where controlled substances and the like are illegally stored, kept or used. It shall be unlawful for any person, knowing that the controlled substances, devices and/or other instruments enumerated and prescribed within this section are being illegally sold, dispensed, furnished, given away, stored kept or used, to loiter about, frequent or be present in such building, apartment, automobile, beat or place of any description wherein such illegal activity is being carried on, conducted or operated or wherein such illegal substances, devices and/or instruments prescribed herein are being illegally kept or stored.
(F) Use of chemical agents.
(1) As used in this section, the term CHEMICAL AGENT means any substance containing a toxic chemical or organic solvent or both, having the property of releasing toxic vapors. The term includes, but is not limited to, glue, acetone, toluene, carbon tetrachloride, hydrocarbons and hydrocarbon derivatives.
(2) No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses of nervous system, intentionally smell or inhale the fumes of any chemical agent, drug or other substance or matter or intentionally drink, eat or otherwise introduce any model glue, drug or other substance or matter into his or her respiratory or circulatory system. This section shall not prohibit the inhalation of any anesthesia for medical or dental purposes.
(3) Any person who assists, aids, abets or encourages any person to violate the provisions of this section shall be guilty of a misdemeanor.
(G) Original package. Controlled substances to be kept in original package. It shall be unlawful for any person to knowingly possess any controlled substance as defined in M.C.L.A. §§ 333.7212, 333.7214, 333.7216, 333.7218 and 333.7220, and as amended, commonly referred to Schedule 1 through Schedule 5 controlled substances, unless it is kept in the original package or container in which they were received from a person who may lawfully prescribe or dispense controlled substances; provided, that this division (G) shall not be construed to apply to any duly licensed medical doctor, osteopathic physician, dentist, veterinarian or chiropodist, or to any authorized person acting directly under their supervision or control.
(H) Possession or use of marihuana by a person under 21 years of age. It shall be unlawful for any person under 21 years of age to knowingly or intentionally possess or use marihuana.
(Ord. 1016, Amendment 22, passed 1-22-2019) Penalty, see § 131.99