(a) Definitions. As used in this section, the following words and phrases shall have the following meanings:
(1) “Controlled substance” means any drug, substance or immediate precursor enumerated in Article 7 of Act 368 of the Public Acts of 1978 (M.C.L 333.7101 et seq., M.S.A. 14.15(7101) et seq.), as amended.
(2) “Drug paraphernalia” means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. It includes, but is not limited to, the following:
A. Kits used or intended 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 used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
C. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;
D. Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
E. Scales and balances used or intended for use in weighing or measuring controlled substances;
F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances;
G. Separation gins and sifters used or intended for use in removing twigs and weeds from, or in otherwise cleaning or refining, marijuana;
H. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;
I. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;
J. Containers and other objects used or intended for use in storing or concealing controlled substances;
K. Hypodermic syringes, needles and other objects used or intended for use in injecting controlled substances into the human body;
L. Objects used or intended 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 carburetion masks;
5. Cocaine vials;
6. Chamber pipes;
7. Carburetor pipes;
8. Electric pipes;
9. Air-driven pipes;
10. Chillums;
11. Bongs;
12. Ice pipes or chillers;
(3) “Intent” or “Intended” shall refer to the intent of the person charged with violation of this section.
(b) Relevant Factors. In determining whether an object is “drug paraphernalia”, in addition to all other relevant factors, the following factors shall be considered:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) The proximity of the object to controlled substances;
(3) The existence of any residue of controlled substances on the object;
(4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intends to use the object to violate any provision of this section;
(5) Instructions, oral or written, provided with the object concerning its use;
(6) Descriptive materials accompanying the object which explain or depict its use;
(7) National and local advertising concerning its use known to the defendant;
(8) The manner in which the object is displayed for sale;
(9) The existence and scope of legitimate uses for the object in the community;
(10) Expert testimony concerning its use.
(c) Possession, Manufacture and Sale of Drug Paraphernalia.
(1) No person shall use, or shall 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 section.
(2) No person shall deliver, sell, possess with intent to deliver or sell, or manufacture with the intent to deliver or sell, drug paraphernalia, knowing 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 section.
(3) No person eighteen years of age or over shall deliver drug paraphernalia to a person under eighteen years of age.
(4) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with State law. This section shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by Village ordinances.
(5) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Village of Wolverine Lake.
(Ord. 121. Passed 10-11-89.)