For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively:
(A) CONTROLLED SUBSTANCE. Means the same as provided in R.C. § 3719.01 and amendments thereto.
(B) DRUG PARAPHERNALIA. Any device, instrument, kit, equipment, material or product which is either designed by the manufacturer or marketed by a retailer so that by virtue of its objective design features or by virtue of the manner in which it is displayed for sale, that its principal use appears to be for planting, propagating, cultivating, producing, growing, harvesting, manufacturing, compounding, converting, cutting, smoking, consuming, inhaling, injecting, ingesting, testing, preparing, analyzing, packaging, repackaging, storing, containing, concealing, or other use with a controlled substance. In determining whether an object or collection of objects is drug paraphernalia as described above, the following factors may be considered, in addition to other logically relevant factors:
(1) Statements by an owner or employee of the retailer concerning the use of an object;
(2) Opinions of persons who qualify as experts by knowledge, skill, experience, training or education as to the principal use of the object by virtue of its design characteristics or by virtue of the manner in which it is displayed.
(3) The manner in which the object is displayed for sale, including, but not limited to, the following:
(a) Within the same room, the display of words, publications, symbols, posters or other items visible to customers which either promote, condone, or represent the use of controlled substances other than under legal or prescribed circumstances;
(b) Written instructions provided with or displayed near the object concerning its use or the use of similar objects.
(c) Descriptive materials accompanying the object which explain or depict the use of the object or similar objects.
(4) National or local advertising concerning the use of the object or similar objects.
(5) The existence and scope of legitimate uses for the object in the community.
(6) Provided they meet the foregoing criteria, the following items shall be presumed to be drug paraphernalia:
(a) Kits principally designed or marketed 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;
(b) Kits principally designed or marketed for use in the manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices principally designed or marketed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment principally designed or marketed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances principally designed or marketed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, principally designed or marketed for use in cutting controlled substance;
(g) Separation gins and sifters principally designed or marketed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices principally designed or marketed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes and other containers principally designed or marketed for use in packaging small quantities of controlled substances;
(j) Containers and other objects principally designed or marketed for use in storing or concealing controlled substances;
(k) Hypodermic or other syringes, needles and other objects principally designed or marketed for use in parenterally introducing controlled substances into the human body;
(l) Objects principally designed or marketed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburotion masks;
5. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons, and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
(Ord. 56-1982, passed 11-17-82)