[Adopted 1990 by Ord. No. 207]
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.
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.
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.
Drug paraphernalia includes, but is not limited
to:
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.
Kits used, intended for use, or designed for
use in manufacturing, compounding, converting, producing, processing
or preparing controlled substances.
Isomerization devices used, intended for use,
or designed for use in increasing the potency of any species of plant
which is a controlled substance.
Testing equipment used, intended for use, or
designed for use in identifying, or in analyzing the strength, effectiveness
or purity of controlled substances.
Scales and balances used, intended for use,
or designed for use in weighing or measuring controlled substances.
Diluents and adulterants, including, but not
limited to, quinine hydrochloride, mannitol, mannite, dextrose and
lactose, used or designed for use with controlled substances.
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.
Blenders, bowls, containers, spoons and mixing
devices used, intended for use, or designed for use in compounding
controlled substances.
Capsules, balloons, envelopes and other containers
used, intended for use, or designed for use in packaging small quantities
of controlled substances.
Containers and other objects used, intended
for use, or designed for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects
used, intended for use, or designed for use in parenterally injecting
controlled substances into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes, with or without screens, permanent screens, hashish
heads, or punctured metal bowls.
Carburetion tubes and devices.
Water pipes.
Smoking and carburetion masks.
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.
Cocaine spoons, and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
A device, commonly known as a “bullet,”
that is specifically designed to deliver a measured amount of controlled
substances to the user.
A device, commonly known as a “snorter,”
that is specifically designed to carry a small amount of controlled
substances to the user's nose.
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.
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.
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:
Statements by an owner or by anyone in control
of the object concerning its use.
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.
The proximity of the object, in time and space,
to a direct violation of MCLA § 333.7101 et seq.
The proximity of the object to controlled substances.
The existence of any residue of controlled substances
on the object.
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;
Instructions, oral or written, provided with
the object concerning its use.
Descriptive materials accompanying the object
which explain or depict its use.
National and local advertising concerning its
use.
The manner in which the object is displayed
for sale.
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.
Direct or circumstantial evidence of the ratio
of sales of the object(s) to the total sales of the business enterprise.
The existence and scope of legitimate uses for
the object in the community.
Expert testimony concerning its use.
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.
An individual, partnership, cooperative, association, private
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
It shall be unlawful for any person to possess
marijuana except as permitted by law.
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.
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.
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.
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.
[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.
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.
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.
