[Adopted 9-1-1972 as Ch. 3, Art. IV, of the 1972 Code; amended in its entirety 10-3-1989 by Ord. No. 2614]
[Amended 5-6-2003 by Ord. No. 2961]
A. 
It shall be unlawful for any person to possess, sell, distribute or for any person to inhale or ingest any compound, liquid or chemical commonly known as "locker room" or "rush" which contains alkyl nitrites [isopropyl nitrite, butyl nitrites (consisting mainly of isobutyl nitrites and/or any of its isomer or analogs)] or any similar compound, liquid or chemical for the purpose of inducing a condition of intoxication or of distortion or disturbance of the auditory, visual or mental processes.
B. 
Exceptions.
(1) 
The provisions of this section shall not apply to the possession and use of the substances listed as part of the care or treatment of a disease, condition or injury by a licensed physician or pursuant to a prescription of a licensed physician.
(2) 
The provisions of this section shall not apply to possession as part of a known manufacturing process or industrial operation when the possessor has obtained a permit from the Chief of Police.
C. 
The Chief of Police shall establish procedures for the application, form and issuance of a permit to legitimate research, manufacturing and industrial applicants and shall have the authority to make reasonable rules in order to carry out the intent of this article.
[Amended 5-6-2003 by Ord. No. 2961; 12-11-2018 by Ord. No. 9172]
A. 
It shall be unlawful and an offense for any person to be in possession of marijuana within the City of El Reno in a manner contrary to state law, unless the person has a current and valid permit or license issued by the State of Oklahoma for such possession, or such substance was obtained directly from a state-licensed physician or from a pharmacist pursuant to a valid prescription.
B. 
Any person who violates any of the provisions of this section shall be guilty of an offense, and shall be punished by a fine as set forth by resolution.
C. 
For purposes of this section, the following term shall have the meaning indicated:
MARIJUANA
Any part of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from and part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include industrial hemp as defined in 2 O.S. § 3-402 that is possessed by a licensee or an agent of a licensee pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program, 2 O.S. § 3-401 et seq.
[Amended 5-6-2003 by Ord. No. 2961]
A. 
Drug paraphernalia defined. "Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in 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 dangerous substance in violation of the Oklahoma Uniform Controlled Dangerous Substance Act, 63 O.S. § 2-101 et seq. It includes but is not limited to:
(1) 
Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived.
(2) 
Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances; isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance.
(3) 
Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substances; scales and balances used or intended for use in weighing or measuring controlled dangerous substances.
(4) 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances.
(5) 
Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(6) 
Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances.
(7) 
Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances.
(8) 
Containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body.
(9) 
Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body.
(10) 
Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(a) 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or with out screens, permanent screens, hashish heads or punctured metal bowls.
(b) 
Water pipes.
(c) 
Carburetion tubes and devices.
(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) 
Miniature 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.
B. 
Drug paraphernalia: factors used in determining. In determining whether an object is "drug paraphernalia," 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) 
The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act (63 O.S. § 2-101 et seq.).
(3) 
The proximity of the object to controlled dangerous substances.
(4) 
The existence of any residue of controlled dangerous substances on the object.
(5) 
Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances.
(6) 
Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances.
(7) 
The manner in which the object is displayed for sale.
(8) 
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.
(9) 
The existence and scope of legitimate uses for the object in the community.
C. 
It shall be unlawful for any person to use or possess 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (63 O.S. § 2-101 et seq.), except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.
D. 
It shall be unlawful for any person to deliver, possess or manufacture drug paraphernalia knowing 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (53 O.S. § 2-101 et seq.).
Any person who violates any of the provisions of this article shall be punishable as provided in § 275-45 of this chapter.