[Adopted 2-25-2015 by Ord. No. 317 as Ch. 14, Art. V, of the 2015 Pittsfield
Charter Township Code]
This article shall be known and may be cited as the "Charter
Township of Pittsfield Drug Paraphernalia Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
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 state or local law. The definition
of drug paraphernalia shall include, but is not limited to:
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.
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales or balances used, intended for use or designed for use
in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use or designated for use in parenterally injecting controlled
substances into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
Water pipes;
Smoking carburization masks;
Roach clips, meaning objects used to hold burning materials,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes; and
Carburetor pipes.
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 state or local law.
It is unlawful for any reason to 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, 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 state or local law.
It is unlawful for any person to place in any newspaper, magazine,
handbill, sign, poster 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.
This article shall not apply to manufacturers, wholesalers,
jobbers, licensed medical technicians, technologists, nurses, hospitals,
research teaching institutions, clinical laboratories, medical doctors,
osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists
and embalmers in the normal legal course of their respective business
or profession, and not to persons suffering from diabetes, asthma
or any other medical condition requiring self-injection.
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 objects concerning
its use.
B.
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
substances.
C.
The proximity of the object, in time and space, to a direct violation
of the state law.
D.
The proximity of the object to controlled substances.
E.
The existence of any residue of controlled substances on the object.
F.
Direct circumstantial evidence of the intent of an owner, or anyone
in control of the object, to deliver it to persons whom he or she
knows, or should reasonably know, intends to use the object to facilitate
a violation of state or local law or of this article. The innocence
of an owner, or of anyone in control of the object, as to a direct
violation of state, local law or this article shall not prevent a
finding that the object is intended for use 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.
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.
L.
Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprise.
M.
The existence and scope of legitimate uses for the object in the
community.
N.
Expert testimony concerning its use.
Any drug paraphernalia used, sold, possessed with intent to
use or sell, or manufactured with intent to sell in violation of this
article shall be seized and forfeited to the Township.
A person who shall be convicted of violating any provision of
this article is guilty of a misdemeanor and shall be punished by a
fine not to exceed $500 and/or by imprisonment not to exceed 90 days,
or both, at the discretion of the court. Each day a violation continues
shall be considered a separate offense and may be punished accordingly.
