(a) Drug paraphernalia defined. As used in this section, DRUG PARAPHERNALIA is defined as follows:
(1) DRUG PARAPHERNALIA means all equipment, products and materials of any kind which are used, intended for use, or designed 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 in violation of any of the provisions of this chapter. 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 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. Diluents 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, marihuana;
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 marihuana, 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. Roach clips, meaning objects used to hold burning material, such as a marihuana 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.
(2) 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:
A. Statements by an owner, or by anyone in control of the object, concerning its use;
B. Prior convictions, if any, of an owner, or of anyone in control of the object, under any city, state or Federal law relating to any controlled substance;
C. The proximity of the object, in time and space, to a direct violation of any of the provisions of this chapter;
D. The proximity of the object to controlled substances;
E. The existence of any residue of controlled substances on the object;
F. 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, or should reasonably know, intend to use the object to facilitate a violation of any of the provisions of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of any of the provisions of this chapter shall not prevent a finding that the object is intended or designed for use as
DRUG PARAPHERNALIA.
G. Instructions, oral or written, provided with the object concerning its use;
H. Descriptive materials accompanying the object which explain or depict its use;
I. National and local advertising concerning its use;
J. The manner in which the object is displayed for sale;
K. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
L. The existence and scope of legitimate uses for the object in the community; and
M. Expert testimony concerning its use.
(b) Violations.
(1) No person shall use, or 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 any of the provisions of this chapter.
(2) No person shall deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing 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 any of the provisions of this chapter.
(3) No person shall place in any newspaper, magazine, handbill or other publication, any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(4) Any person eighteen years of age or over who violates paragraph (b)(2) hereof by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a special offense.
(5) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4731 and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by § 624.09.
(6) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.
(7) If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(8) Whoever violates any of the provisions of paragraph (b)(1), (2) or (3) hereof is guilty of a misdemeanor of the second degree. If the offender has previously been convicted of a violation of paragraph (b)(1), (2) or (3) hereof, any subsequent violation of the same paragraph is a misdemeanor of the first degree. Whoever violates any of the provisions of paragraph (b)(4) hereof is guilty of a misdemeanor of the first degree. The penalty shall be as provided in § 698.02.
(c) Illegal use or possession of marihuana drug paraphernalia.
(1) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
(2) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723,4729, 4731 and 4741. This subsection shall not be construed to prohibit the possession or use of a hypodermic as authorized by § 624.09.
(3) Subsection (b)(6) of this section applies with respect to any drug paraphernalia that was used or possessed in violation of this subsection.
(4) Whoever violates division (c)(1) of this subsection is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
(5) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender's driver's or commercial driver's license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R.C. § 2925.38.
(Ord. 18-2014, passed 3-25-2014)