Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven as indicated in article histories. Amendments noted where applicable.]
Attachment 1 - Synthetic Cannabinoid Appendix
[Adopted 1990 by Ord. No. 207]

§ 220-1 Definitions.

The following words and phrases when used in this article shall, for the purpose of this article, have the meanings respectfully ascribed to them in this section, except where the context clearly indicates a different meaning.
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor enumerated in 1978 Public Act No. 368 (commonly known as the "Public Health Code") in Sections 7210 through 7220, as amended, and codified at MCLA §§ 333.7210 through 333.7220; MSA § 14.15 (7210 through 7220) et seq.
DRUG PARAPHERNALIA
Any equipment, product, material or combination of equipment, products, or materials which is specifically adapted or designed for use or intended for use in administering, planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
A. 
Drug paraphernalia includes, but is not limited to:
(1) 
Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(3) 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) 
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances.
(5) 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
(6) 
Diluents and adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or designed for use with controlled substances.
(7) 
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(8) 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.
(9) 
Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
(10) 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
(11) 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
(12) 
Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, including, but not limited to:
(a) 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(b) 
Carburetion tubes and devices.
(c) 
Water pipes.
(d) 
Smoking and carburetion masks.
(e) 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand.
(f) 
Cocaine spoons, and cocaine vials.
(g) 
Chamber pipes.
(h) 
Carburetor pipes.
(i) 
Electric pipes.
(j) 
Air-driven pipes.
(k) 
Chillums.
(l) 
Bongs.
(m) 
Ice pipes or chillers.
(n) 
A device, commonly known as a “bullet,” that is specifically designed to deliver a measured amount of controlled substances to the user.
(o) 
A device, commonly known as a “snorter,” that is specifically designed to carry a small amount of controlled substances to the user's nose.
(p) 
A device, commonly known as an “automotive safe,” that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing a controlled substance.
(q) 
A device, commonly known as a “cocaine kit,” that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
B. 
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
(3) 
The proximity of the object, in time and space, to a direct violation of MCLA § 333.7101 et seq.
(4) 
The proximity of the object to controlled substances.
(5) 
The existence of any residue of controlled substances on the object.
(6) 
Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of MCLA § 333.7101 et seq. or this article. The innocence of an owner, or of anyone in control of the object, as to a direct violation of MCLA § 333.7101 et seq. shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
(7) 
Instructions, oral or written, provided with the object concerning its use.
(8) 
Descriptive materials accompanying the object which explain or depict its use.
(9) 
National and local advertising concerning its use.
(10) 
The manner in which the object is displayed for sale.
(11) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(12) 
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
(13) 
The existence and scope of legitimate uses for the object in the community.
(14) 
Expert testimony concerning its use.
MARIJUANA
All parts of the plant Cannabis sativa L., growing or not growing, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
PERSON
An individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

§ 220-2 Possession of marijuana prohibited.

It shall be unlawful for any person to possess marijuana except as permitted by law.

§ 220-3 Unlawful use or possession of drug paraphernalia; exceptions.

It shall be unlawful for any person to use or to possess with the intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists, or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehouses or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection as prescribed by a licensed physician.

§ 220-4 Unlawful sale of drug paraphernalia; exceptions.

It shall be unlawful for any person to sell, offer for sale, advertise, display, furnish, supply or give away drug paraphernalia where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists, or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehouses or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties.

§ 220-5 Unlawful manufacture or delivery of drug paraphernalia.

It shall be unlawful for any person to manufacture, deliver or possess with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this article or state law.

§ 220-6 Loitering prohibited.

It shall be unlawful for any person to knowingly frequent, loiter or be at a place, public or private, where a controlled substance is being possessed, dispensed, sold, furnished, stored or otherwise utilized in violation of state or federal law.

§ 220-7 Violations and penalties.

[Amended 1-13-2015 by Ord. No. 333]
Any person found guilty of violating this article shall be punished as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.

§ 220-8 Alternative penalty for possession of marijuana.

When an individual, who has not previously been convicted of an offense under § 220-2 hereof, any like ordinance, or under any statute of the United States or of this or any other state relating to narcotic drugs, cocoa leaves, marijuana or stimulants, depressants or hallucinogenic drugs, pleads guilty to or is found guilty of possession of marijuana under § 220-2 hereof, the court, without entering a judgment of guilty with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilty and proceed as otherwise provided by law. Otherwise, upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilty and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section as to an individual.

§ 220-9 Court-ordered drug rehabilitation/instruction program.

If an individual is convicted of a violation of this article, the court, as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program provided by any specified department or agency on the medical, psychological and social effects of the misuse of drugs. The court may order the individual to pay a fee, as provided by the director of such agency or program, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.
[Adopted 6-12-2012 by Ord. No. 314]

§ 220-10 Findings, intent and purpose.

A. 
The Village finds that synthetic marijuana, consisting of plant or other material treated with chemicals or other substances that have not been approved for human consumption, is being marketed and sold as herbal incense and is being used in the same manner and for the same purposes as marijuana, with that use having become increasingly popular, particularly among teens and young adults.
B. 
The Village further finds based on information and reports from poison control centers, hospitals, emergency room doctors, and police agencies, that individuals who use synthetic marijuana experience dangerous side effects including convulsions, tremors, seizures, hallucinations, unconsciousness, anxiety attacks, dangerously elevated heart rates, increased blood pressure, vomiting, and disorientation, evidencing that these herbal incense products are harmful if consumed and present an imminent and significant public health danger to persons consuming such products and other persons coming in contact with them.
C. 
The Village further finds that, notwithstanding the high potential for abuse, and lack of any accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a controlled substance has been frustrated due to the changing nature of the chemicals used in the manufacturing process.
D. 
The Village further finds that in addition to synthetic marijuana, there may be other products or materials containing chemicals or substances, that while not approved for human consumption, are or may be marketed and sold in a form that allows for such consumption and which, upon consumption, may result in the same serious side effects and public health dangers as synthetic marijuana.
E. 
Based on these findings, this article is adopted for the purpose and with the intent to protect the public health and safety of the Village and its residents from the threat posed by the availability and use of synthetic marijuana and other dangerous products by prohibiting persons from trafficking in, possessing, and using them in the Village.

§ 220-11 Definitions.

As used in this article, the following words and phrases have the meanings indicated.
ACT
The controlled substances provisions in Article 7 of the Public Health Code, Public Act No. 368 of 1978, MCLA §§ 333.7101 to MCL 333.7545, as amended, which is hereby adopted by reference as a part of this article.
CHEMICAL AGENT
Any chemical or organic compound, substance, or agent that is not made, intended and approved for consumption by humans.
CONSUMABLE PRODUCT OR MATERIAL
A product or material, that regardless of packaging disclaimers or disclosures that it is not for human consumption or use, is in a form that readily allows for human consumption by inhalation, ingestion, injection, or application, through means including but not limited to smoking, or ingestion by mouth with or without mixing with food or drink.
CONTROLLED SUBSTANCE
A substance included as a controlled substance in Schedules 1 through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled substance as provided in the Act.
CONTROLLED SUBSTANCE ANALOGUE
Has the same meaning as defined in the Act, which is a substance, the chemical structure of which is substantially similar to that of a controlled substance in Schedules 1 and 2 of the Act.
DANGEROUS PRODUCT
A consumable product or material containing a dangerous substance.
A. 
A chemical agent that under Section 2451 of the Act, MCLA § 333.2451, has been determined by the local health officer to be or present an imminent danger to the health or lives of humans when present in a consumable product or material; and
B. 
A chemical agent in a consumable product or material unless that chemical agent is conspicuously identified and described in writing on the packaging of the product, and has not been previously determined by the Village or other governmental authority to be or present an imminent danger to the health or lives of humans when present in that type of consumable product or material.
SYNTHETIC CANNABINOID
A chemical compound, substance or agent identified in the Synthetic Cannabinoid Appendix that is part of this article,[1] as amended from time to time by resolution of the Village Council.
SYNTHETIC MARIJUANA
A consumable product or material that contains a synthetic cannabinoid or other dangerous substance, which on the date this article was added to the Code, included herb and herbal incense products marketed and most commonly known as "K-2" and "Spice."
TRAFFIC and TRAFFICKING
To manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, sell, or transfer.
TRANSFER
To dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.

§ 220-12 Trafficking prohibitions.

It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned or controlled by that person, in any of the following:
A. 
A consumable product or material containing a controlled substance or controlled substance analogue.
B. 
A dangerous product.
C. 
Synthetic marijuana.

§ 220-13 Possession and use prohibitions.

It shall be unlawful for any person to possess or use, or knowingly allow the possession and use on property owned or controlled by that person, of any of the following:
A. 
A consumable product or material containing a controlled substance or controlled substance analogue.
B. 
A dangerous product.
C. 
Synthetic marijuana.

§ 220-14 Probable cause evidentiary presumption.

In recognition that the presence of a controlled substance, controlled substance analogue, synthetic cannabinoid, or dangerous substance in a consumable product or material may require laboratory testing that cannot be done at the time a violation of this article is believed to have occurred, for purposes of determining the existence of probable cause, it shall be presumed that a consumable product or material contains one or more of those substances if it is being or has been marketed or sold for a price that is substantially higher than the price at which the same quantity of a similar and comparable product or material that is known to not contain such substances can be purchased.

§ 220-15 Violations and penalties.

[Amended 1-13-2015 by Ord. No. 333]
The sanction for a violation of this article shall be punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.