[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 1-10-1983 by Ord. No. 143. Amendments noted where
applicable.]
[Amended 2-11-1991 by Ord. No. 183; 7-22-2002]
A person shall not knowingly or intentionally
possess marijuana (cannabis sativa L.), lysergic acid diethylamide,
peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or any
controlled substances classified in Schedule 5 of Act Number 368 of
1978, as amended, unless the controlled substance was obtained directly
from, or pursuant to, a valid prescription order of a practitioner
(as defined in the Public Health Code) while acting in the course
of the practitioner's professional practice, or except as otherwise
authorized by the Public Health Code.
No person shall intentionally smell or inhale
the fumes of any chemical agent or intentionally drink or consume
or otherwise introduce any chemical agent into his or her respiratory
or circulatory system, except upon or under a physician's or dentist's
direction or prescription, for the purpose of causing a condition
of intoxication, euphoria, excitement, exhilaration, stupefaction
or dulling of the senses or the nervous system. The term "chemical
agent" includes any substance containing a toxic chemical or organic
solvent having the property of releasing toxic vapors, including but
not limited to glue, acetone, toluene, carbon tetrachloride, hydrocarbons
and hydrocarbon derivatives.
[Added 3-10-2003 by Ord. No. 03-04]
A.
It is unlawful for any person to possess, sell, offer
for sale, display, supply or furnish drug paraphernalia.
B.
"Drug paraphernalia" defined.
(1)
The term "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, producing,
processing, preparing, testing, measuring, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance,
as defined by state law, in violation of state or local law.
(2)
By way of example and not by law of limitation, "drug
paraphernalia" includes a hypodermic syringe or needle, marijuana
pipe, roach clip or any other implement or device which is primarily
adapted or designed for the administration or use of any controlled
substance.
C.
Exemptions. This chapter shall not apply to licensed
medical technicians, nurses, doctors, pharmacists or other medical
practitioners in the normal lawful course of their respective profession,
nor to public officers or employers in the performance of their official
duties, nor to persons suffering from a medical condition requiring
self-injection.
[Added 1-24-2011 by Ord. No. 11-01]
A.
It shall be unlawful for any person to loiter about, frequent or
be present in or about any such building, apartment, automobile, boat
or public place of any description wherein illegal controlled substances
and/or narcotic paraphernalia is knowingly being sold, dispensed,
furnished, given away, kept or used.
B.
Among the circumstances that may be considered in determining whether
any person has the requisite knowledge that the illegal drug activity
is present are as follows:
(1)
The alleged perpetrator is under the influence of a controlled substance
or in possession of a controlled substance and/or narcotic paraphernalia.
(2)
The building, apartment, automobile, boat or other place described
has the odor of burning marijuana or other controlled substance, or
there is sufficient cause to believe that a reasonable person would
know that marijuana or another controlled substance is being used.
(3)
Any other information or circumstance that would provide information
or knowledge to a reasonable person that illegal drug activity is
present.
C.
Any person who violates Subsection A above is guilty of a misdemeanor punishable by fine of $500 and/or imprisonment not to exceed 90 days.
D.
A person who has the opportunity to immediately depart the described
location upon learning of the illegal drug activity or presence of
illegal controlled substance on the premises but fails to do so shall
be responsible for a municipal civil infraction.
[Added 9-26-2005 by Ord. No. 05-09[1]]
When an individual who has not previously been convicted of an offense under this chapter or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marijuana, stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty under § 88-1 or 88-2, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in Section 3c of Chapter XI of the Code of Criminal Procedure, Act No. 175 of the Public Acts of 1927, being MCLA § 771.3c. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon satisfactory fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under MCLA § 333.7413. There may be only one discharge and dismissal under this section as to an individual. The records and identifications division of the Department of State Police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to a court or police agency upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance, or an imitation controlled substance as defined in MCLA § 333.7341, covered in this section has already once utilized this section. For purposes of this section, a person subjected to a civil fine for a first violation of MCLA § 333.7341(4) shall not be considered to have previously been convicted of an offense under this chapter.
