[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland 10-26-1999 by Ord. No. 86 (Ch. 16, Art. VI, Div.
2, of the 2007 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All equipment, products and materials of any kind which are
used, intended for use or designed for use in planting, propagating,
cultivating, producing, processing, preparing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into a human body a
controlled substance in violation of state or local law. It 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 that 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 substance;
Dilutent and adulterants, such as quinine hydrochlorine, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting 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, hashish
oil, or other controlled substances, into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning materials,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs; or
Ice pipes or chillers.
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;
The proximity of the object, in time and space, to direct violation
of state law;
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 an owner,
or of anyone in control of the object, to deliver it to persons whom
he knows intend to use the object to facilitate a violation of state
or local law. The innocence of an owner, or of anyone in control of
the object, as to a direct violation of state law shall not prevent
a finding that the object is intended for use, or designed for use
as drug paraphernalia;
Instruction, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or 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
objects to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community; or
Expert testimony concerning its use.
It is unlawful for any person to use, or to possess with 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 in violation
of state or local law.
It is unlawful for any person to deliver, sell, possess with
intent to deliver or sell or manufacture with intent to deliver or
sell drug paraphernalia knowing, or under circumstances where one
reasonably should know, that it will be used to plant, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce to the human body a
controlled substance in violation of state or local law.
It is unlawful for any person to place in any newspaper, magazine,
handbill, sign, poster, or other publication any advertisement, knowing
that the purpose of the advertisement, in whole or in part, is to
promote the sale of objects designed or intended for use as drug paraphernalia.
This chapter 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
and embalmers in the normal legal course of their respective business
or profession, nor shall it apply to persons suffering from diabetes,
asthma or any other medical conditions requiring use of an instrument
otherwise characterized in this chapter as drug paraphernalia for
purposes of self-injection.
Any drug paraphernalia used, sold, possessed with intent to
use or sell, or manufactured with intent to sell in violation of this
chapter shall be seized and forfeited to the Township.
