CHAPTER 131: DRUG PARAPHERNALIA
Section
   131.01   Short title and citation
   131.02   Definitions
   131.03   Offenses
   131.04   Exceptions
   131.05   Civil forfeiture
   131.06   Purpose
   131.07   Effective date; publication
   131.08   [Reserved]
   131.09   [Reserved]
   131.10   Possession and use of marijuana
 
   131.99   Penalty
§ 131.01 SHORT TITLE AND CITATION.
   This chapter shall be known and cited as the “Township of Summit Drug Paraphernalia Ordinance.”
(Ord. 29.02, passed 7-9-1996)
§ 131.02 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      DRUG PARAPHERNALIA. All equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Public Health Code of the State of Michigan. It includes, but is not limited to:
         (a)   Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of a plant which is a controlled substance or from which a controlled substance can be derived;
         (b)   Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
         (c)   Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
         (d)   Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
         (e)   Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
         (f)   Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use, or designed for use in cutting controlled substances;
         (g)   Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
         (h)   Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
         (i)   Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
         (j)   Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
         (k)   Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and
         (l)   Objects used, intended for use, or designed 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.   Carburation tubes and devices;
            4.   Smoking and carburation 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.
   (B)   In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
      (1)   Statements by an owner or by anyone in control of the object concerning its use;
      (2)   Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
      (3)   The proximity of the object, in time and space, to a direct violation of this chapter;
      (4)   The existence 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 anyone in control of the object, to deliver it to persons he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone of the object, as to a direct violation of this Act should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
      (7)   Instructions, oral or written, provided with the object concerning its use;
      (8)   Descriptive material 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)   Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
      (12)   Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
      (13)   The existence and scope of legitimate uses for the object in the community; and
      (14)   Expert testimony concerning its use.
   (C)   MARIJUANA. Defined and has the same meaning as “marihuana” under M.C.L.A. § 333.27953.
(Ord. 29.02, passed 7-9-1996; Am. Ord. 29.05, passed 1-11-2022)
§ 131.03 OFFENSES.
   (A)   Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, 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.
   (B)   Manufacture, sale, or delivery of drug paraphernalia. It is unlawful for any person to sell, deliver, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, 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)   Advertisement of drug paraphernalia. It is unlawful for any person 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 any objects designed or intended for use as drug paraphernalia.
   (D)   Possession of illegal and/or controlled substances. It is unlawful for any person to possess any illegal and/or controlled substance without having a state and/or federal license or a valid prescription authorizing such person to possess the same. This section shall not affect the rights or privileges granted to any person under the Michigan Medical Marijuana Act or the Michigan Regulation and Taxation of Medical Marijuana Act.
(Ord. 29.02, passed 7-9-1996; Am. Ord. passed 12-11-2018) Penalty, see § 131.99
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