(A) Possession, manufacture, and sale of drug paraphernalia.
(1) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.
(2) It is unlawful for any person to deliver, sell, offer for sale, display, supply, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.
(3) It is unlawful for any person to 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 objects designed or intended for use as drug paraphernalia.
(4) Any person 18 years of age or over who violates division (A)(2) above by delivering drug paraphernalia to a person under 18 years of age who is at least three years his or her junior is guilty of a special offense.
(B) Exceptions. To the extent of such permitted conduct only, this section does not apply to:
(1) Any person or entity who is licensed, registered, or otherwise permitted by law to manufacture, use, possess, prescribe, dispense, distribute, conduct research with respect to, or administer a controlled substance; including persons suffering from asthma, diabetes, or other medical conditions requiring introduction of a controlled substance into the human body; or
(2) Any object listed as an exception in Section 7457 of the Public Health Code, Public Act 368 of 1978, being MCL §333.7457, including an object sold, offered for sale, or given away by a state or local governmental agency or by a person specifically authorized by a state or local governmental agency to prevent the transmission of infectious agents.
(Prior Code, § 132.17) (Ord. D-1534, passed 12-22-1986, effective 12-22-1986; Ord. O-238, passed 7-26-2021, effective 8-6-2021) Penalty, see § 132.99