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M.V. ORDINANCE N0. 88- 15
<br />Page -5-
<br />513 045 Possession, Manufacture, and Sale of Drub Paraphernalia
<br />(a) No person shall use, or possess with intent to use, drug
<br />paraphernalia to plant, propagate, cultivate, grow, harvest,
<br />manufacture, compound, convert, produce, process, prepare,
<br />test, analyze, pack, repack, store, contain, conceal or
<br />inject, ingest, inhale or otherwise introduce into the human
<br />body a controlled substance in violation of this Chapter.
<br />(b) No person shall deliver, sell, possess with intent to
<br />deliver or sell, or manufacture with intent to deliver or
<br />sell, drug paraphernalia, knowing that it will be used to
<br />plant, propagate, cultivate, grow, harvest, manufacture,
<br />compound, convert, produce, process, prepare, test, analyze,
<br />pack, repack, store, contain, conceal or inject, ingest,
<br />inhale or otherwise introduce into the human body a
<br />controlled substance in violation of -this Chapter.
<br />(c) No person shall place in any newspaper, magazine, handbill
<br />or other publication any advertisement, knowing that the
<br />purpose of the advertisement, in whole or in part, is to
<br />promote the sale of objects designed or intended for use as
<br />drug paraphernalia.
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<br />~-.-' (d) Any person eighteen (18) years of age or over who violates
<br />Subsection (b) hereof by delivering drug paraphernalia to a
<br />person under eighteen (18) years of age who is at least
<br />three (3) years his junior is guilty of a special offense.
<br />(e) This Section does not apply to manufacture, practitioners,
<br />pharmacists, owners of pharmacies and other persons whose
<br />conduct was in accordance with Ohio R.C. Chapters 3719,
<br />4715, 4729, 4731 and 4741. This Section shall not be
<br />construed to prohibit any possession, manufacture or use of
<br />hypodermics made lawful by other Sections of these Codified
<br />Ordinances or State law.
<br />(f) Any drug paraphernalia used in violation of this Section
<br />shall be seized and forfeited to the Municipality.
<br />(g) If any provision of this Section or the application thereof
<br />to any person or circumstance is held invalid, the
<br />invalidity does not affect other provisions or applications
<br />of this Section which can be given effect without the
<br />invalid provision or application, and to this end the
<br />provisions of this Section are severable.
<br />(h) Whoever violates any of the provisions of Subsection (a),
<br />(b) or (c) hereof is guilty of a misdemeanor of the second
<br />degree. If the offender has previously been convicted of a
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