ARTICLE VI. DRUG PARAPHERNALIA1
24-178 Title.
This article shall be known and cited as the "charter township of Port Huron drug paraphernalia ordinance."
(Ord. No. 222, 7-19-2010)
24-179 Purpose.
This article is enacted for the purpose of protecting public health, safety and general welfare of persons and property within Port Huron charter township, pursuant to the authority granted to townships in the Township Ordinances Act, Public Act 246 of 1945 (MCL 41.181 et seq.), by prohibiting the sale or dispensation of drug paraphernalia used, designed, marketed or intended for use with a controlled substance or substances without an appropriate license from the state of Michigan within Port Huron charter township, and to provide penalties for the violation thereof.
(Ord. No. 222, 7-19-2010)
24-180 Definitions.
Drug paraphernalia means any equipment, product or material of any kind or nature which is used, intended for use or designed for use in planting, propagating, cultivating, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, inhaling or otherwise introduced into the human body as a controlled substance in violation of state or local law. It includes but is not limited to:
(1) Kits, products or materials 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.
(2) Kits, products or materials used, intended for use or designed for use in manufacturing, compounding, converting, producing, possessing or preparing controlled substances.
(3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances.
(5) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
(6) Dilutents and adulterants, such as quinine, hydrochloride mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting or adulterating controlled substances.
(7) Separation gins and sifters used, intended for use or designated for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
(9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
(10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles and other objects used, intended for use or designed for use in injecting controlled substances into the human body.
(12) 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:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.
b. Water pipes.
c. Smoking or carburetion masks.
d. Roach clips, meaning objects used to hold burning materials such as marijuana cigarettes.
e. Miniature cocaine spoons and cocaine vials.
f. Chamber pipes.
g. Carburetor pipes.
h. Electric pipes.
i. Air-driven pipes.
j. Chillums.
k. Bongs.
l. Ice pipes or chillers.
Controlled substance is defined as set forth in Part 71 of the Public Health Code Act, Public Act 368 of 1978, as amended (MCL 333.7101 et seq.).
Used, designed, marketed or intended for use with a controlled substance means that at the time the drug paraphernalia is sold, displayed or otherwise dispensed, the drug paraphernalia either: was primarily designed, adapted or marketed because of its objective physical features, for use with a controlled substance; or was intended by the party selling or dispensing the same for use with a controlled substance.
(Ord. No. 190, § 3, 1-5-1998; Ord. No. 222, 7-19-2010)
24-181 Regulation.
(a) Possession of drug paraphernalia. It is unlawful for any person, business entity or corporation to use, or to possess with intent to use, drug paraphernalia.
(b) Manufacture, sale, or delivery of drug paraphernalia. It is unlawful for any person to sell, deliver, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia.
(c) Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication distributed in the township any advertisement, the purpose of which, in whole or in part, is to promote the sale of any object designed or intended for use as drug paraphernalia.
(d) This regulation section 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, law enforcement agencies, pharmacists and embalmers in the lawful course of business or professional activity, nor to persons suffering from any medical condition which requires administering prescribed medication.
(e) In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other relevant factors, the following:
(1) Statements by an owner or by anyone in control of the objects concerning their use.
(2) 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.
(3) The proximity of the object in time and space to a direct violation of state law.
(4) The proximity of the object to controlled substances.
(5) The existence of any residue of controlled substances on the object.
(6) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver it to a person whom he knows intends to use the object to facilitate a violation of state or local law. The innocence of the owner or of anyone in control of the objects 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.
(7) Instruction, oral or written, provided with the object concerning its use.
(8) Descriptive materials accompanying the object which explain or depict its use.
(9) National and local advertising concerning its use.
(10) The manner in which the object is displayed for sale.
(11) 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.
(12) Direct or circumstantial evidence of the ratio or sales of the object to the total sales of the business enterprise.
(13) The existence and scope of legitimate uses for the object in the community.
(14) Expert testimony concerning its use.
(Ord. No. 190, § 4, 1-5-1998; Ord. No. 222, 7-19-2010)
24-182 Penalties.
Any violation of this article shall be punishable by a fine not to exceed $500.00, and/or by imprisonment in the county jail for not to exceed 90 days, or by both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense.
In addition, as an alternate remedy, the township shall have the authority to proceed in any court of competent jurisdiction to obtain an injunction, restraining order, or other appropriate remedy to compel compliance with this article. Election of one of the foregoing remedies shall not preclude the application of the other remedy.
Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell in violation of this division shall be seized and forfeited to the township.
(Ord. No. 190, § 5, 1-5-1998; Ord. No. 222, 7-19-2010)
24-183—24-202. Reserved.
State Law reference—Drug paraphernalia, MCL 333.7451 et seq.