49-12 Amend 513.04 Use or Possession of Paraphernalia

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(4) If a person is charged with any violatiar of this section and posts bail pursuant to Olrio R.C. 2937.22 to 2937.46 or Rule 46 of the Ohio Rules of Criminal Procedure, and if the person forfeits the bait, the forfeited bail shall be paid by the clerk of [he court in accordance with and subject to the requirements of, and shall be used as specified in, paragraph (g)(3) hereof. (5) No court shall impose a mandatory fine pursuant to paragraph (g)(1) hereof upon an offender who alleges in an affidavit filed with the court prior to his or her sentencing, that he or she is hrdigent and is unable to pay any mandatory fine imposed pur- suant to such paragraph, if the cows determines the offender is an indigent person and is unable [o pay the fine. (h) In addition to the penalty provided in this section, the court may proceed as provided in Ohio R.C. 2925.14(H) and the State Regis- trar of Motor Vehicles shall proceed as provided hr Ohio R.C. 4507.169.(ORC 2925.14,4507.169) shall be and hereby is amended to read as follows: 513.04 USE OR POSSESSION OF PARAPHERNALIA. (c) (1) Subject to subsection (d)(2) of this section, no Ne person shall knowingly use, or possess with purpose to use, drug paraphernalia. (2) No person shall larowingly sell, or possess or manufactw'e with purpose to sell, drug paraphernalia, if he or she knows or reasonably should know that the equipment, product or materi- alwill be used as drug paraphernalia. (3) No person shall place an advertisement in any newspaper, magazine, handbill or other publication that is published and prhrted and circulates primarily within this Municipality, if he or she knows that the purpose of the advertisement is to pro- mote the illegal sale hr this Municipality of the equiprent, product or material that the offender intended or designed for use as drug paraphernalia. (d) ~ This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose con- duct is in accordance with Ohio R.C. Chapter 3719, 4715, 4729, 4731 or 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10. (~ Subsection (c)(1) of this section does not apply to a person's use, or possession with purpose to use, any drue paraphernalia that is equ~ment, a product, or material of any kind that is used by the person, intended b} the person for use, or deseined for use in storhre, containin¢, concealing, injecting, meesting~ or otherwise introducing into the human body marihuana.