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513.12 COUNTERFEIT CONTROLLED SUBSTANCES.
   (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.)
513.13 DEFINITIONS: DRUG PARAPHERNALIA.
   (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.)
513.14 POSSESSION AND SALE OF DRUG PARAPHERNALIA.
   (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.)
513.15 REGULATION OF SALE OF DRUG PARAPHERNALIA.
   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.)
513.16 SEIZURE AND FORFEITURE OF PROPERTY.
   (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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