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33 Drug Abuse Control 513.045
<br />513.045 POSSESSION, MANUFACTURE AND SALE OF DRUG PARAPHERNALIA.
<br />(a) No person shall use, or possess with intent t.o use, drug paraphernalia to
<br />plant, propagate, cultivate, grow, harvest, manufacture, .compound, convert, produce,
<br />process, prepare, test, analyze, pack, repack, store, contain, conceal or inject, ingest,
<br />inhale or otherwise introduce into the human body a controlled substance in violation
<br />of this chapter.
<br />(b) No person shall deliver, sell, possess with intent to deliver or sell, or manu-
<br />facture with intent to deliver or sell, drug paraphernalia, knowing that it will be used
<br />to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
<br />process, prepare, test, analyze, pack, repack, store, contain, conceal or inject, ingest,
<br />inhale or otherwise introduce into the human body a controlled substance in. vi olation
<br />of this chapter.
<br />(c) No person shall place in any newspaper, magazine, handbill or other publication
<br />any advertisement, knowing that the purpose of the advertisement, in whole or in part,
<br />is to promote the sale of objects designed or intended for use as drug paraphernalia.
<br />(d) Any person eighteen years of age or over who violates subsection (b) hereof
<br />by delivering drug paraphernalia to a person under eighteen years of age. who is at
<br />least three years his junior is guilty of a special offense.
<br />(e) This section does not apply to manufacturers, practitioners, pharmacists,
<br />owners of pharmacies and other persons whose conduct was in accordance with Ohio
<br />R.C. Chapters 3719, 4715, 4729, 4731 and 4741. This section shall not be construed
<br />to prohibit any possession, manufacture or use of hypodermics made lawful by other
<br />sections of these Codified Ordinances or State law.
<br />(f) Any drug parahernalia used in violation of this section shall be seized and
<br />forfeited to the Municipality.
<br />(g) If any provision of this section or the application thereof to any person or
<br />circumstance is held invalid, the invalidity does not affect other provisions or
<br />applications of this section which can be given effect without the invalid provision or
<br />application, and to this end the provisions of this section are severable.
<br />(h) Whoever violates any of the provisions of subsection (a), (b) or (c) hereof is
<br />guilty of a misdemeanor of the second degree. If the offender has previously been
<br />convicted of a violation of subsection (a), (b) or (c) hereof, any subsequent violation
<br />of the same subsection is a misdemeanor of the first degree. Whoever violates any
<br />of the provisions of subsection (d) hereof is guilty of a misdemeanor of the first
<br />degree. (Ord. 88-15. Passed 6-20-88.)
<br />1990 Replacement
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