ORDINANCE #08-02 AMENDMENT TO CHAPTER 30 OF CODE OF ORDINANCES
CHARTER TOWNSHIP OF INDEPENDENCE
THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:
That the Code of Ordinances, Charter Township of Independence, Oakland County, Michigan Chapter 30, Article VI is hereby amended to replace Section 30.158 as previously reserved and add new Section 30.158 which said section reads as follows:
Sec. 30.158. Possession of drug paraphernalia.
(1) Definitions.
Whenever any words and phrases used in this Article are not defined, but are defined in Act No. 368 of the Public Acts of 1978, MCLA 333.1101, et seq., MSA 28.191, et seq., as amended, any such definition therein shall be deemed to apply to such words and phrases used herein. For purposes of this Article, the following definitions shall apply:
(a) ‘Act? shall mean the Michigan Public Health Code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.1101 et seq., MSA 14.15 (1101) et seq).
(b) ‘Controlled Substance? shall mean any substance as that term is defined in the Act.
(c) ‘Drug Paraphernalia? shall mean all equipment, products, and materials of any kind, or a combination of equipment, products or materials, 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, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of state or local law. The term ‘drug paraphernalia? includes but is not limited to:
(i) An isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
(ii) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of a controlled substance.
(iii) A diluent or adulterant, including, but not limited to quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use with a controlled substance.
(iv) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(v) A device commonly known as a cocaine kit used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
(vi) A device commonly known as a bullet, that is used, intended for use, or designed for use in carrying a small amount of controlled substance to the user’s nose.
(vii) A devise commonly known as a snorter, that is used, intended for use, or designed for use in carrying a small amount of controlled substance to the user’s nose.
(viii) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
(ix) 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.
(x) Blenders, bowls, containers, spoons, mixing devices used, intended for use, or designed for use in compounding controlled substances.
(xi) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging controlled substances.
(xii) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
(xiii) A device commonly known as an automotive safe, that is used, intended for use, or designed for use in carrying and concealing a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
(xiv) A spoon, with or without chain attached, that is used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing controlled substances into the human body.
(xv) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substance into the human body.
(xvi) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or other controlled substances 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 and carburetion masks.
d. 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).
e. Miniature straws, cocaine spoons, and cocaine vials.
f. Chamber pipes.
g. Carburetor pipes.
h. Miniature lockets, rings, or vials designed, marketed, or used for the storing of controlled substances.
i. Bongs.
In determining whether or not an object is ‘drug paraphernalia,? a court or other authority should consider, in addition to all other logically relevant facts, the following:
1. Statements by an owner, or by anyone in control of the objects, concerning its use.
2. 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.
3. The proximity of the object, in time and space, to a direct violation of the state law.
4. The proximity of the object to the controlled substance.
5. The existence of any residue of controlled substances on the object.
6. Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of state or local law or of this section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of state, local law or this division, shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
7. Instructions, 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 of 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 the use of the object.
(2) Possession, sale prohibited generally
a) Possession. Any person who uses, or possesses with intent to use, drug paraphernalia to 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 shall be guilty of a misdemeanor.
(b) Manufacture, delivery or sale. Any person who delivers, sells, possesses with intent to deliver or sell, or manufactures 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 shall be guilty of a misdemeanor.
(c) Advertisement. Any person who places in a 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 or use as drug paraphernalia shall be guilty of a misdemeanor.
(3) Exemptions
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 businesses or professions, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection.
(4) Civil forfeiture
Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell in violation of this Section shall be seized and forfeited to the Oakland County Sheriff’s Department.
State Law Reference, MCL 333.7451 et seq,
PENALTY
Any person who shall violate this section shall be subject to the penalties set forth in section 1-9 of the Independence Code.
SEVERABILITY
The invalidity of any clause, sentence, paragraph or part of this ordinance shall not affect the validity of the remaining parts of this ordinance.
NOTICE TO BE PUBLISHED
The Township Clerk for the Charter Township of Independence shall publish this ordinance in the manner required by MCL 42.22.
CERTIFICATION
The foregoing ordinance was adopted by the Township Board of the Charter Township of Independence, Oakland County, Michigan, at a meeting of the Board duly called and held on the 19th day of August, 2008.
CHARTER TOWNSHIP OF INDEPENDENCE
By: Shelagh VanderVeen, Township Clerk
Introduced: 6/3/08
Adopted: 8/19/08
Published: 6/11/08 and 6/27/08
Effective Date: 6/27/08
