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49-12 Amend 513.04 Use or Possession of Paraphernalia
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49-12 Amend 513.04 Use or Possession of Paraphernalia
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5/14/2013 3:22:07 PM
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11/16/2012 6:33:21 AM
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(2) The proximity in thne or space of the object, or of the act re- <br />lating to the object, to a violation of any provision of this <br />chapter or of Ohio R.C. Chapter 2925; <br />(3) The proximity of the object to any controlled substance; <br />(4) The existence of any residue of a controlled substance on the <br />object; <br />(5) Direct or circumstantial evidence of the intent of the owner of <br />the object, or of anyone in control of it, to deliver it to any per- <br />son whom he or she ]:Wows intends to use [he object to facili- <br />tate aviolation of any provision of this chapter or of Ohio R.C. <br />Chapter 2925. A finding that the owner or anyone in control of <br />the object is not guilty of a violation of any other provision of <br />this chapter or of Ohio R.C. Chapter 2925, does not prevent a <br />fording that the object was intended ox designed by the offend- <br />er for use as drug paraphernalia. <br />(6) Any oral or written instruction provided with the object emr <br />cerning its use; <br />(7) Any descriptive material accompanying the object and ex- <br />plaining or depicting its use; <br />(8) National or local advertising concerning the use of the object; <br />(9) The manner and circumstances in which the object is displayed <br />for sale; <br />(10) Du•ect or circumstantial evidence of the ratio of the sales of <br />the object to the total sales of the business enterprise; <br />(11) The existence and scope of legitimate uses of the object in the <br />community; <br />(12) Expert testhnony concerning the use of the object. <br />(c) (1) No person shall knowingly use, or possess with purpose to use, <br />dwg paraphernalia. <br />(2) No person shall knowingly sell, or possess or manufacture <br />with purpose to sell, drug paraphernalia, if he or she Imows or <br />reasarably should know that the equipment, product or materi- <br />al will be used as drug paraphernalia. <br />(3) No person shall place an advertisement in any newspaper, <br />magazine, handbill or other publication that is published and <br />printed and ch~culates prhnarily within this Municipality, if he <br />or she knows that the purpose of the advertisement is to pro- <br />mote the illegal sale in this Municipahry of the equipment, <br />product or material that the offender hrtended or designed for <br />use as d~vg paraphernalia. <br />(d) This section does not apply to manufacturers, practitioners, phar- <br />
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