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(a) Possession of a hypodermic is authorized for the following:
(1) A manufacturer or distributor of, or dealer in hypodermics, or medication packaged in hypodermics, and any authorized agent of employee of that manufacturer, distributor or dealer, in the regular course of business;
(2) A terminal distributor of dangerous drugs, in the regular course of business;
(3) A person authorized to administer injections, in the regular course of the person’s profession or employment;
(4) A person, when the hypodermic in his possession was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs;
(5) A person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;
(6) A farmer, for the lawful administration of a drug to an animal;
(7) A person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.
(b) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (a) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person’s possession from theft or acquisition by any unauthorized person
(ORC 3719.172(A), (B))
(c) Whoever violates division (b) of this section is guilty of a misdemeanor of the third degree. If the offender previously has been convicted of a violation of division (b) of this section, Ohio R.C. 3719.05, 3719.06, 3719.13, 3719.172(B), or 3719.31, or a drug abuse offense, a violation of division (b) of this section is a misdemeanor of the first degree.
(ORC 3719.99(E))
(a) Improper dispensing or distribution.
(1) No person who dispenses or distributed nitrous oxide in cartridges shall fail to comply with either or the following:
A. The record-keeping requirements established under division (a)(3) of this section.
B. The labeling and transaction identification requirements established under division (a)(4) of this section.
(2) Whoever violates division (a)(1)A. or (a)(1)B. of this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the fourth degree.
(3) Beginning July 1, 2001, a person who dispenses or distributes nitrous oxide shall record each transaction involving the dispensing or distribution of the nitrous oxide on a separate card. The person shall require the purchaser to sign the card and provide a complete residence address. The person dispensing or distributing the nitrous oxide shall sign and date the card. The person shall retain the card recording a transaction for one year from the date of the transaction. The person shall maintain the cards at the person's business address and make them available during normal business hours for inspection and copying by officers or employees of the State Board of Pharmacy or of other law enforcement agencies that are authorized to investigate violations of this code, Ohio R.C. Chapters 2925, 3719, or 4729, or federal drug abuse control laws. The cards used to record each transaction shall inform the purchaser of the following:
A. That nitrous oxide cartridges are to be used only for purposes of preparing food;
B. That inhalation of nitrous oxide can have dangerous health effects; and
C. That it is a violation of state law to distribute or dispense cartridges of nitrous oxide to any person under age 21, punishable as a felony of the fifth degree.
(4) A. Each cartridge of nitrous oxide dispensed or distributed in this municipality shall bear the following printed warning: “Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under age 21. Do not inhale contents. Misuse can be dangerous to your health.”
B. Each time a person dispenses or distributes one or more cartridges of nitrous oxide, the person shall mark the packaging containing the cartridges with a label or other device that identifies the person who dispensed or distributed the nitrous oxide and the person's business address.
(ORC 2925.32(B)(4), (D)(2), (F), (G))
(b) Possession in a motor vehicle.
(1) As used in this section, “motor vehicle,” “street,” and “highway” have the same meaning as in Ohio R.C. 4511.01.
(2) Unless authorized by these Codified Ordinances or by State law, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:
A. While operating or being a passenger in or on a motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.
B. While being in or on a stationary motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.
(3) Whoever violates this division (c) is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree.
(4) In addition to any other sanction imposed upon an offender for possessing nitrous oxide in a motor vehicle, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.
(ORC 2925.33)
(a) No person shall knowingly possess any counterfeit controlled substance.
(b) Whoever violates division (a) of this section shall be guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(ORC 2925.37(A), (G)) (Ord. 95-96. Passed 7-15-96.)
(a) "Drug paraphernalia" means all equipment, products and materials of any kind, which are used, intended for use, or designed for use, in planting, propagating, 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 in 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, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
A. Metal, wooden, acrylic, glass, stone, plastic, ceramic pipes with or without a screen, permanent screens, hashish heads or punctured metal bowls;
B. Water pipes;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. Roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
F. Miniature cocaine spoons, and cocaine vials;
G. Chamber pipes;
H. Carburetor pipes;
I. Electric pipes;
j. Air-driven pipes;
K. Chillums;
L. Bongs;
M. ice pipes or chillers;
N. Rolling paper and rolling machines.
(b) In determining whether an object is "drug paraphernalia", a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statement by an owner, or by any person in control, of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of any person in control of the object, under any City, State or Federal law, statute or ordinance, relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of any person in control, of the object to deliver it to persons whom he knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of any person in control, of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as "drug paraphernalia".
(7) instructions, written or oral, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) The existence and scope of legitimate uses for the object in the community;
(12) Expert testimony concerning its use.
(Ord. 82-82. Passed 9-13-82.)
(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, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter. If there was at the time a controlled substance in the possession of the person or in close proximity to the person and an object capable of being used as drug paraphernalia, then it shall be presumed that the person possessed drug paraphernalia with intent to use such drug paraphernalia.
(Ord. 75-90. Passed 6-25-90.)
(b) No person shall deliver, sell or possess with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation 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 an object designed or intended for use as drug paraphernalia.
(d) This section does not apply to wholesale-retail stores, manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741.
(e) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.
(f) If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(g) Whoever violates any of the provisions of divisions (a), (b) or (c) hereof is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of any violation of division (a), (b) or (c) hereof, any subsequent violation of either division (a), (b) or (c) hereof, is a misdemeanor of the first degree.
(Ord. 82-82. Passed 9-13-82.)
Items designed or marketed for use with illegal cannabis or drugs shall be regulated as follows:
(a) License Required. No person or persons as principal, clerk, agent or servant shall sell any paraphernalia, item, effect, accessory or thing which is designed or marketed for use with illegal cannabis or drugs as defined by the Ohio Revised Code, without obtaining a license therefor. Such license shall be in addition to any or all other licenses held by applicant.
(b) Application. Application to sell any paraphernalia, item, effect, accessory or thing which is designed or marketed for use with illegal cannabis or drugs shall be accompanied by the affidavits of the applicant and each and every employee authorized to make such sales that the applicant and each and every employee has never been convicted of a drug related offense.
(c) Minors. No person shall sell or give any paraphernalia, item, effect, accessory or thing which is designed or marketed for use with illegal cannabis or drugs to any person under eighteen years of age.
(d) Records. Every licensee must keep a record of every paraphernalia, item, effect, accessory or thing which is designed or marketed for use with illegal cannabis or drugs which is sold and this record shall be open to the inspection of any police officer during normal business hours. Such records shall contain the name, age and address of the purchaser, the name and description of what was purchased, quantity purchased, date and time of sale and the signature of the licensee or agent making the sale.
(e) Penalty. Whoever violates any provision of division (a), (b) or (c) hereof is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of any violation of division (a), (b) or (c) hereof then any subsequent violation is a misdemeanor of the first degree. whoever is convicted of a violation of division (d) hereof is subject to license revocation.
(Ord. 82-82. Passed 9-13-82.)
(a) The Mayor is authorized and directed to accept money, real estate property, vessels, vehicles, aircraft, office equipment, computers and other property from the United States government through participation in Federal drug investigations in accordance with the Comprehensive Drug Penalty Act of 1984.
(b) All property received under this section shall be assetted to the Division of Police except that real estate property shall be assigned by action of Council in an ordinance approving the acceptance of property.
(Ord. 92-86. Passed 10-13-86.)
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