§ 139.13. Drug paraphernalia.

For the purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively:

Drug paraphernalia. Any equipment, product, or material of any kind that is used by the offender, intended by the offender for use, or designed by the offender for use, in 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 in violation of this chapter or R.C. Chapter 2925. Drug paraphernalia includes, but is not limited to, any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:

(1)

A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;

(2)

A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(3)

An isomerization device for increasing the potency of any species of a plant that is a controlled substance;

(4)

Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance;

(5)

A scale or balance for weighing or measuring a controlled substance;

(6)

A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance;

(7)

A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;

(8)

A blender, bowl, container, spoon, or mixing device for compounding a controlled substance;

(9)

A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance;

(10)

A container or device for storing or concealing a controlled substance;

(11)

A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body;

(12)

An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask, roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum, bong, or ice pipe or chiller.

(B)

In determining if an object is drug paraphernalia, a court or law enforcement officer may consider, in addition to other relevant factors, the following:

(1)

Any statement by the owner, or by anyone in control, of the object, concerning its use;

(2)

Any prior conviction of the owner, or of anyone in control of the object, of a drug abuse offense, a violation of this section, or a violation of an ordinance of another municipal corporation or any laws of this or any other state, or of the United States, that is substantially equivalent to this section;

(3)

The proximity in time or space of the object, or of the act relating to the object, to a violation of any provision of this chapter or R.C. Chapter 2925;

(4)

The proximity of the object to any controlled substance;

(5)

The existence of any residue of a controlled substance 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 any person whom he knows intends to use the object to facilitate a violation of any provision of this section. A finding that the owner, or anyone in control, of the object, is not guilty of a violation of any other provision of this chapter or R.C. Chapter 2925 does not prevent a finding that the object as intended or designed by the offender for use as drug paraphernalia;

(7)

Any oral or written instruction provided with the object concerning its use;

(8)

Any descriptive material accompanying the object and explaining or depicting its use;

(9)

National or local advertising concerning the use of the object;

(10)

The manner and circumstances in which the object is displayed for sale;

(11)

Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise;

(12)

The existence and scope of legitimate uses of the object in the community;

(13)

Expert testimony concerning the use of the object.

(C)

(1)

No person shall knowingly use, or possess with purpose to use, drug paraphernalia.

(2)

No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if he knows that the equipment, product, or material will be used as drug paraphernalia.

(3)

No person shall place an advertisement in any newspaper, magazine, handbill, or other publication that is published and printed and circulates primarily within this state, if he knows that the purpose of the advertisement is to promote the illegal sale in this state of the equipment, product, or material that the offender intended or designed for use as drug paraphernalia.

(D)

This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with R.C. Chapters 3719, 4715, 4729, 4731, or 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by R.C. § 3719.172.

(E)

Notwithstanding R.C. § 2933.42 or § 2933.43, any drug paraphernalia that has been used, possessed, sold, or manufactured in violation of this section shall be seized, after a conviction for that violation shall be forfeited, and upon forfeiture shall be disposed of pursuant to subsection (D)(8) of R.C. § 2933.41.

(F)

(1)

Whoever violates subsection (C)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a minor misdemeanor.

(2)

Except as provided in subsection (F)(3) of this section, whoever violates subsection (C)(2) of this section is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.

(3)

Whoever violates subsection (C)(2) of this section by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.

(4)

Whoever violates subsection (C)(3) of this section is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.

(G)

Notwithstanding anything in this section, a violation of section (C)(1) for drug paraphernalia used solely for marihuana or hashish is a minor misdemeanor offense.

(Ord. 27990, passed 8-9-89; Am. Ord. 31699-19, passed 1-9-19)

Cross reference

Penalty, see § 130.99.