§ 22-373. Paraphernalia.

(a)

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cocaine spoon means a spoon with a bowl so small that the primary use for which it is reasonably adapted 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. A cocaine spoon may or may not be merchandised on a chain and may or may not be labeled as a "cocaine" spoon or "coke" spoon.

Controlled substance means a drug, substance or immediate precursor in sections 7211—7220 of Public Act No. 368 of 1978 (MCL 333.7211—333.7220).

Marijuana and hashish pipe mean a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted 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.

Paraphernalia means any equipment, product, material, or combination of equipment, products, or materials, which is specifically 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; including, but not limited to, all of the following:

(1)

An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance.

(2)

Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.

(3)

A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.

(4)

A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.

(5)

A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.

(6)

An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.

(7)

A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

(8)

A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(9)

A device, commonly known as a cocaine kit, that is specifically 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.

(10)

A device, commonly known as a bullet that is specifically designed to deliver a measured amount of controlled substances to the user.

(11)

A device, commonly known as a snorter that is specifically designed to carry a small amount of controlled substances to the user's nose.

(12)

A device, commonly known as an automotive safe that is specifically designed to carry and conceal 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.

(13)

A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.

(b)

Possession, sale, etc., prohibited.

(1)

Subject to subsection (b)(2) of this section, a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used 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.

(2)

Before a person is arrested for a violation of subsection (b)(1) of this section, the attorney general or a prosecuting attorney shall notify the person in writing, not less than two business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (b)(1) of this section.

(3)

If a person complies with a notice sent under subsection (b)(2) of this section, the compliance is a complete defense for the person against a prosecution under this subsection as long as the compliance continues.

(4)

It is unlawful for any person to use or possess 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.

(c)

Exceptions. This section does not apply to any of the following:

(1)

An object sold or offered for sale to a person licensed under article 15 of the Public Health Code (MCL 333.16101 et seq.) or under the Occupational Code (MCL 339.101 et seq.), or any intern, trainee, apprentice, or assistant in a profession licensed under such provisions for use in that profession.

(2)

An object sold or offered for sale to any hospital, sanitarium, clinical laboratory, or other health care institution including a penal, correctional, or juvenile detention facility for use in that institution.

(3)

An object sold or offered for sale to a dealer in medical, dental, surgical, or pharmaceutical supplies.

(4)

A blender, bowl, container, spoon, or mixing device not specifically designed for a use described in section 7451 of the Public Health Code (MCL 333.7451).

(5)

A hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals.

(6)

An object sold, offered for sale, or given away by a state or local governmental agency or by a person specifically authorized by a state or local governmental agency to prevent the transmission of infectious agents.

(d)

Possession of prescription pads or false prescriptions prohibited. It shall be unlawful for any person to use, possess or have under his control any blank prescription pads or any false, forged or altered prescriptions, the purpose of which is to unlawfully obtain a controlled substance or paraphernalia adapted for use with a controlled substance by subcutaneous or intracutaneous injection or by any other method.

(e)

Use of fraud, deceit, etc., to obtain controlled substance or paraphernalia. It shall be unlawful for any person to use any fraud, deceit, misrepresentation, subterfuge, false name or false address, or to conceal a material fact for the purpose of obtaining any controlled substance or related items of paraphernalia adapted for use with a controlled substance by either subcutaneous or intracutaneous injection or by any other method.

(f)

Selling, supplying, etc., paraphernalia. It shall be unlawful for any person to use any fraud, deceit, scheme, misrepresentation or subterfuge for the purpose of obtaining money or any other thing of value by selling, furnishing, supplying or giving away of any paraphernalia.

(g)

Loitering prohibited, exemptions. It shall be unlawful for any person to willfully and knowingly loiter in any place within the city where any paraphernalia which is used or adapted for use with controlled substances by subcutaneous or intracutaneous injection, or any other method, are used, sold, dispensed, furnished, given away, stored or otherwise illegally kept. (Hospitals, clinics, physicians' offices and pharmacies are exempt from this prohibition.)

(h)

Penalties. Any person who violates any provision of this section shall be guilty of a misdemeanor.

(Code 1977, § 15-223; Ord. No. 92, § 9.1000(11), 9-8-1975; Ord. No. 210, 11-28-1994; Ord. No. 380, 6-8-2015)

State law reference

Drug paraphernalia, MCL 333.7451 et seq.