The following definitions apply in this chapter:
Every place of business, including, but not limited to, retail,
wholesale, or storage.
A drug, substance, or immediate precursor included in Schedules
1 to 5 of Part 72 of the Michigan Public Health Code (see MCLA §§ 333.7212,
333.7214, 333.7216, 333.7218 and 333.7220).
Frequent, intimate associations primarily characterized by
the expectation of affectional involvement. This term does not include
a casual relationship or an ordinary fraternization between two individuals
in a business or social context.
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 state law. It includes, 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
that 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 and 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 designed 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;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning
material, such as marijuana cigarette, that has become too small or
too short to be held in the hand;
Miniature cocaine spoons, and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
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:
Statements by an owner or by anyone in control
of the objects concerning its use;
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 substance;
The proximity of the object, in time and space,
to a direct violation of state law;
The proximity of the object to controlled substances;
The existence of any residue of controlled substances
on the object;
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 intend to use the object to facilitate
a violation of state law; the innocence of an owner, or of anyone
in control of the object, as to direct violation of state law shall
not prevent a finding that the object is intended for use or designed
for use as drug paraphernalia;
Instructions, oral or written, provided with
the object concerning its use;
Descriptive materials accompanying the object
which explain or depict its use;
National and local advertising concerning its
use;
The manner in which the object is displayed
for sale;
Direct or circumstantial evidence of the ratio
of sales of the object(s) to the total sales of the business enterprise;
The existence and scope of legitimate uses for
the object in the community;
Expert testimony concerning its use.
An instrument used in the propulsion of shot, shell, or bullets
by the action of gunpowder exploded within it.
Includes any principal subdivision or agency of the United
States, State of Michigan, City of Royal Oak, or any agency of local
government operating within the City of Royal Oak.
Includes any activity which a public agency or public servant
is legally authorized to undertake.
A paper, wrapping, cigarette, cardboard, bottle, tin can,
glass, and other refuse materials, and out-of-date posters, placards
and advertisements.
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt derivative, mixture or preparation of the mature stalks, except
the resin extracted therefrom, fiber, oil or cake, or the sterilized
seed of the plant which is incapable of germination.
Any glue or cement of the type commonly used in the building
of model airplanes, boats, and automobiles, containing toluene, acetone,
or other solvent or chemical having the property of releasing toxic
vapors.
The meaning given such term in Section 33 of MCLA § 257.33.
Includes any public servant vested by law with a duty to
maintain public order to make arrests for crime, whether that duty
extends to all crimes or is limited to specific crimes.
Any person, firm, partnership, association, company, or organization
of any kind.
Includes any structure or motor vehicle and any real property.
Any money, personal property, real property, thing in action,
evidence of debt or contract, or article of value of any kind.
Knowingly or intentionally displaying in a public place,
or for payment or promise of payment by any person, including, but
not limited to, payment or promise of payment of an admission fee,
any individual's genitals or anus with less than a fully opaque covering
or a female individual's breast with less than a fully opaque covering
of the nipple and areola. A woman's breastfeeding of a baby does not
under any circumstances constitute nudity irrespective of whether
or not the nipple is covered during or incidental to the feeding.
A place to which the public or a substantial group of persons
has access, and includes but is not limited to highways, transportation
facilities, schools, places of amusement, parks, playgrounds and hallways,
lobbies and other portions of apartment houses not constituting rooms
or apartments designed for actual residence.
A school that provides elementary or secondary education
as determined under Michigan law.
In or on the grounds of a public, parochial, or private school,
or within a distance of 1,000 feet from the grounds of a public, parochial,
or private school.
An act of sexual gratification between persons not married,
involving the sexual or intimate parts of the human anatomy.
To render difficult of passage without unreasonable inconvenience
or hazard.
Every motor vehicle designed, used, or maintained primarily
for the transportation of property, including, but not limited to,
trailer-pulling tractors, vehicles used for removing rubbish from
bins, and vehicles used for vacuuming parking lots.
