It shall be an affirmative defense to prosecution under this subchapter that smoking paraphernalia was:
(A) In the possession of a peace officer or a person acting under the authority of a peace officer acting in the performance of official duties;
(B) In the possession of or being used by a governmental entity for a health research education or similar program; or
(C) In the possession of or used by a person at the written direction or under a issued by a licensed physician or dentist.
(Ord. 2011-006, passed 12-20-2011)