[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China 1-19-1987 by Ord. No. 153
(Ch. 7-09 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Liquor — See Ch. 295.
The purpose of this chapter is to prevent and to prohibit the possession,
manufacture, delivery, advertisement for sale, or sale of drug paraphernalia
as defined within this chapter, particularly to and by minors, within the
Charter Township of East China in order to preserve the health, welfare and
safety of the Township and its residents.
As used in this chapter, 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.
Inclusions in definition. 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 which is a controlled substance;
Testing equipment used, intended for use, or designed for use in identifying
or 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;
Dilutents 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 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;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
Additional considerations. In determining whether an object is “drug
paraphernalia,” a court or other authority should consider, in addition
to all other relevant factors, the following:
Statements by an owner or by anyone in control of the objects concerning
its use;
Prior convictions, if any, of the owner or of anyone in control of the
object under any state or federal law relating to any controlled substances;
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 knows intend to
use the object to facilitate a violation of state or local law; the innocence
of an owner or anyone in control of the object as to a 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;
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;
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 of the object in the community;
Expert testimony concerning its use.
A.
Use or possession. It shall be 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.
B.
Delivery or sale. It is unlawful for any person to deliver,
sell, possess 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
law.
C.
Advertisements. 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 chapter shall not apply to:
A.
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; nor
B.
Persons suffering from diabetes, asthma, or any other
medical condition requiring self-injection.
Any drug paraphernalia used, sold, possessed with intent to use or sell,
or manufactured with intent to sell in violation of this chapter shall be
seized and forfeited to the Charter Township of East China.
A.
Misdemeanor punishment. Any person who shall be convicted of violating any of the provisions of this chapter, except as specified in Subsection C of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both, in the discretion of the court.
B.
Each day a separate offense. Each day a violation continues
shall be considered a separate offense and may be punished accordingly.
C.
Mandatory penalty if minor involved. An individual 18 years of age or over who violates § 220-3B by delivering or selling to an individual under 18 years of age drug paraphernalia knowing that it will be used to plant, convert, product, 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 law shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $250 nor more than $500, and by imprisonment of not less than three days nor more than 90 days, in the discretion of the court.
