For the purpose of this subchapter, the following the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number.
CONTROLLED SUBSTANCE. Shall share the same meaning as the term is defined by the Public Health Code, Public Act 368 of 1978, being M.C.L. §§ 333.7101 et seq.
DRUG PARAPHERNALIA.
(1) Shall share the same meaning as the term is defined in Section 7451 of the Public Health Code, Public Act 368 of 1978, being MCL § 333.7451.
(2) 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:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) The proximity of the object, in the time and space, to a direct violation of this subchapter;
(c) The proximity of the object to controlled substances;
(d) The existence of any residue of controlled substances on the object;
(e) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this subchapter; the innocence of an owner or of anyone in control of the object as to a direct violation of this subchapter shall not prevent a finding that the object is intended for use, or designed for use as DRUG PARAPHERNALIA;
(f) Instructions, oral or written, provided with the object concerning its use;
(g) Descriptive materials accompanying the object which explain or depict its use;
(h) National and local advertising concerning its use;
(i) The manner in which the object is displayed for sale;
(j) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
(k) The existence and scope of legitimate uses for the object in the community; and
(l) Expert testimony concerning its use.
(Prior Code, § 132.16) (Ord. D-1534, passed 12-22-1986, effective 12-22-1986; Ord. O-238, passed 7-26-2021, effective 8-6-2021)