49-12 Amend 513.04 Use or Possession of Paraphernalia

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Section 2. Section 513.045, Use of Possession of Marihuana Paraphernalia, shall be hereby enacted to read as follows: 513.045 USE OR POSSESSION OF MARIHUANA PARAPHER- NALIA. ~ As used in this section, "drug paraphernalia" has fire same meanine as in subsection (a) of Section S 13.04. ~ hr detennu~ine if an~quipment, product, ox material is drug para- phernalia, acourt or law enforcement officer shall consider, in ad- dition to other relevant factors, all factors identified in subsection (b) of Section S 13.04. ~ No person shall knowhrely use, or possess with purpose to use, anv drue paraphernalia Oiat is equipmenk a product, or material of any kind [hat is nsed by the person, intended b} the person for use, or desi¢ned for use in storh»?, containhig concealing, injectin>T, ~- esp tiug,nrhaline, or oCherwise introducine into the human body marihmana. This section does not app] ty o any person identified in subsectiar (d)(1) of Section S13 04, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by Ohio R.C. 3719.172. ~ Subsection (~ of Section 513.04 applies with respect to any dt~ug paraphernalia that was used or possessed in violation of this sec- tion. (~f Whoever violates subsection (c) of this section is guilty of ille>ral use or possession of marihuana drug paraphernalia, a minor mis- dememror. ~ In addition to anv other sanction imposed upon an offender for a violation of this section, the court may suspend for not less than six months or more than five years the offender's driver's or commer- cial driver's license or pernri[. If the offender is a professionally li- censed person, in addition to any other sanctiarnnposed fora vio- lation of this section, the court hmnediately_shall comply with Ohio R.C. 2925.38. (ORC 2925.141) Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public incompliance with all legal requirements. Section 4. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City