§ 132.61 ACTS PROHIBITED.
   It shall be unlawful for any person:
   (A)   To have, use, possess, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or cannabis, or to sell, offer to sell, dispense or give away controlled substance or cannabis.
   (B)   To sell or display, deliver, furnish or transfer drug paraphernalia, except as authorized by law. Any store, place or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, displayed, sold or delivered for any commercial consideration by a holder of a business license issued by the Village, and in the course of the licensee's business, shall be grounds for the revocation of such license.
   (C)   To knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introduce a controlled substance or cannabis into the human body, or in preparing a controlled substance or cannabis for that use, except as authorized by law. In determining intent under this subchapter, the proximity of the controlled substances or cannabis to drug paraphernalia or the presence of a controlled substance or cannabis on the drug paraphernalia, may be considered.
   (D)   To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, re-pack, store, contain, or conceal a controlled substance or cannabis.
   (E)   To deliver, possess with intent to deliver or manufacture with intent to deliver instruments or controlled substance or cannabis, herein defined, knowing (or under circumstances where one reasonably should know) that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, possess, prepare, test, analyze, pack, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or cannabis.
   (F)   To place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of controlled substances or cannabis, instruments and/or objects designed or intended for use with controlled substances or cannabis.
   (G)   Exemptions. This subchapter shall not apply to:
      (1)   Items marketed for use in the preparation, compounding, packaging, labeling, or other use of a controlled substance or cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.
      (2)   Items marketed for, or historically and customarily used in connection with, the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
      (3)   Items defined in this subchapter which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this subchapter.
      (4)   Tobacco pipes and cigarette rolling papers.
(Ord. 02-2349, passed 7-9-02; Am. Ord. 10-2772, passed 4-13-10) Penalty, see § 132.62