§ 19-110. Drug paraphernalia.
(a)
Definitions. The following words and phrases, when used in this section, shall, for the purpose of this section, have the meanings respectively ascribed to them:
(1)
Cocaine spoon: A spoon with a bowl so small that the primary use for which it is reasonably adopted or designed, is to hold or administer cocaine, and which is so small as to be unsuited for the typical lawful uses of a spoon.
(2)
Controlled substance: Any drug, substance, or immediate precursor designated as a schedule 1-5 substance in Article 7, Controlled Substances, Act 368 of the Public Acts of Michigan of 1978 (MCL 333.7101 et seq., MSA 14.15 (7101) et seq.), as amended, (commonly known as the Public Health Code).
(3)
Drug paraphernalia: All equipment, products, and materials of any kind which are used, adapted for use, or designed for use, in planting, manufacturing, compounding, producing, testing, containing, concealing, injecting, or otherwise introducing into the human body a controlled substance in violation of the public health code of the state.
(4)
Marijuana or hashish pipe: A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
(b)
Sale, display, possession prohibited. It shall be unlawful for any person to sell, offer for sale, display, furnish, supply, possess, give away or advertise any drug paraphernalia which is primarily adapted or designed for the administration or use of any controlled substance.
(c)
Licensed persons; exemptions. This section shall not apply to a person licensed by the state board of pharmacy (administrator) pursuant to the public health code. Such person may possess, manufacture, distribute, prescribe, dispense, or conduct research with controlled substances to the extent authorized by its license. The following persons need not be licensed and may lawfully possess controlled substances under this section:
(1)
An agent or employee of a licensed manufacturer while acting in the ordinary course of employment.
(2)
Common or contract carrier or warehousemen, or employee thereof while possessing in ordinary course of employment.
(3)
Persons suffering from diabetes, asthma, or any other medical condition requiring self injection or pursuant to a lawful order of a practitioner.
(4)
An officer or employee of a federal, state, political subdivision or agency of this state who is engaged in the enforcement of state or local laws relating to controlled substances and who is authorized to possess controlled substances in the course of that person's official duties.
(Ord. No. 373, §§ 9.401, 9.402, 4-6-81; Ord. No. 375, 5-18-81)