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Section 2. That Section 513.04 of the General Offenses Code of
<br />the Codified Ordinance of the City of Lakewood now reading as follows:
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<br />513.O4 POSSESSING DRUG ABUSE INSTRUMENTS.
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<br />(a) No person shalt knowingly make, obtaiN, possess or use any
<br />instrument, article or thing whose customary and primary purpose is
<br />for the administration or use of a dangerous drug, other than
<br />marijuana, when the instrument involved in a hypodermic or syringe,
<br />whether or not of crude of extemporized manufactumor assembly, and
<br />the instrument, article or thing involved has been used by the
<br />offender to unlawfully administer or use a dangerous drug, other
<br />than marijuana, or to prepare a dangerous drug, other than marijuana,
<br />for unlawful administration or use.
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<br />(b) This section does not apply to manufacturers, practitioners,
<br />pharmacists, owners of pharmacies and other persons whose conduct was
<br />in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741.
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<br />(c) Whoever violates this section is guilty of possessing drug abuse
<br />instruments, a misdemeanor of the second degree. If the offender has
<br />previously been convicted of a drug abuse offense, violatlon of this
<br />section is a misdemeanor of the first degree.
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<br />shall be and the same is hereby amended to read as follows:
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<br />513.O4 POSSESSION, MANUFACTURE, AND SALE OF DRUG PARAPHERNALIA.
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<br />(a) It is unlawful for any person to use, or to possess with
<br />intent to use, drug paraphernalia to plant, propagate, cultivate,
<br />grow, harvest, manufacture, compound, convert, produce, process,
<br />prepare, test, analyze, pack, repack, store~ contain, conceal,
<br />inject, ingest, inhale, or otherwise introduce into the human body
<br />a controlled substance in violation of this Chapter.
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<br />(b) It is unlawful for any person to deliver, sell, possess with
<br />intent to deliver or sell, or manufacture with intent to deliver
<br />or sell, drug paraphernalia, knowing, or under circumstances where
<br />one reasonably should know, that it will be used to plant, propagate,
<br />cultivate, grow, harvest, manufacture, compound, convert, produce,
<br />process, prepare, test, analyze, pack, repack, store, contain, con-
<br />ceal, inject, ingest, inhale, or otherwise introduce into the human
<br />body a controlled substance in violation of this Chapter.
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<br />(c) It is unlawful for any person to place in any newspaper,
<br />magazine, handbill, or other publication any advertisement, knowing,
<br />or under circumstances where one reasonably should know, that the
<br />purpose of the advertisement, in whole or in part, is to promote the
<br />sale of objects designed or intended fbr use as drug paraphernalia.
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<br />(d) This section does not apply to manufacturers, practitioners,
<br />pharmacists, owners of pharmacies and other persons whose conduct
<br />was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and
<br />4741. This section shall not be construed to prohibit any possession,
<br />manufacture, or use of hypodermics made lawful by Section 513.04
<br />of the General Offenses. Code of the Codified Ordinances.
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<br />(e) Any drug paraphernalia used in violation of this section shall
<br />be seized and forfeited to the Municipality.
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<br />(f) If any porvision of this section or the application thereof
<br />to any person or circumstance is held invalid, the invalidity does not
<br />affect other provisions or applications of the section which can be
<br />given effect without the invalid provision or application, and to this
<br />end the provisions of this section are severable.
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