(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.)