CHAPTER 131:  DRUG PARAPHERNALIA

§ 131.01	DEFINITION.
	For the purpose of this chapter, the following definitions shall apply unless 
	the context clearly indicates or requires a different meaning.

	DRUG PARAPHERNALIA.	Any equipment, product, material, or combination of 
				equipment, products, or materials, which is 
				specifically designed 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 substance as defined by the Michigan 
				Public Health Code or the laws of the state; including 
				but not limited to all of the following:

		(1)	An isomerization device specifically designed for use in 
			increasing the potency of any species of plant which plant is a 
			controlled substance;

		(2)	Testing equipment specifically designed for use in identifying 
			or in analyzing the strength, effectiveness, or purity of a 
			controlled substance;

		(3)	A weight scale or balance specifically designed for use in 
			weighing or measuring a controlled substance;

		(4)	A diluent or adulterant, including, but not limited to quinine 
			hydrochloride, mannitol, mannite, dextrose, and lactose, 
			specifically designed for use with a controlled substance;

		(5)	A separation gin or sifter specifically designed for use in 
			removing twigs and seeds from, or in otherwise cleaning or 
			refining, marihuana;

		(6)	An object specifically designed for use in ingesting, inhaling, 
			or otherwise introducing marihuana, cocaine, hashish, or 
			hashish oil into the human body;

		(7)	A kit specifically designed for use in planting, propagating, 
			cultivating, growing, or harvesting any species of plant which 
			is a controlled substance or from which a controlled substance 
			can be derived;

		(8)	A kit specifically designed for use in manufacturing, 
			compounding, converging, producing, processing, or preparing 
			controlled substances;

		(9)	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;

		(10)	A device, commonly known as a bullet, that is specifically 
			designed to deliver a measured amount of controlled substances 
			to the user;

		(11)	A device, commonly known as a snorter, that is specifically 
			designed to carry a small amount of controlled substances to 
			the user's nose;

		(12)	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 controlled 
			substances;

		(13)	A spoon, with or without a chain attached, that has a small 
			diameter bowl and that is specifically designed for use in 
			ingesting, inhaling, or otherwise introducing controlled 
			substances into the human body.
(Ord. 165, passed 5-19-97)

§ 131.02	USE OF DRUG PARAPHERNALIA PROHIBITED.
	It shall be unlawful for any person to do any of the following.

	(A)	Use or 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 drug or controlled substance in violation of the Michigan Public 
		Health Code or the laws of the state.

	(B)	Deliver, or possess with intent to deliver, drug paraphernalia, 
		knowing, or under circumstances where one reasonably should know, that 
		it would 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 drug or controlled 
		substance in violation of the Michigan Public Health Code or the laws 
		of the state.

	(C)	Place in any newspaper, magazine, handbill, or other publication any 
		advertisement, knowing, or under circumstances where one reasonably 
		should know, 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.
(Ord. 165, passed 5-19-97)  Penalty, see § 131.99

§ 131.03	EXCEPTIONS.
	This chapter shall not apply to the following.

	(A)	An object sold or offered for sale to a person licensed under article 
		15 or under the occupational code, Public Act 299 of 1980, being 
		M.C.L.A. §§ 339.101 through 339.2721, or any intern, trainee, 
		apprentice, or assistant in a profession licensed under article 15 or 
		under Public Act 299 of 1980 for use in that profession.

	(B)	An object sold or offered for sale to any hospital, sanitarium, 
		clinical laboratory, or other health care institution including a 
		penal, correctional, or juvenile detention facility for use in that 
		institution.

	(C)	An object sold or offered for sale to a dealer in medical, dental, 
		surgical, or pharmaceutical supplies.

	(D)	Equipment, a product, or material which may be used in the preparation 
		or smoking of tobacco or smoking herbs other than a controlled 
		substance.

	(E)	A blender, bowl, container, spoon, or mixing device not specifically 
		designed for a use described in § 131.01.

	(F)	A hypodermic syringe or needle sold or offered for sale for the purpose 
		of injecting or otherwise treating livestock or other animals.

	(G)	An object sold, offered for sale, or given away by a state or local 
		governmental agency or by a person specifically authorized by a state 
		or local governmental agency to prevent the transmission of infectious 
		agents.
(Ord. 165, passed 5-19-97)

§ 131.04	ADMINISTRATIVE LIABILITY.
	No city officer, agent or employee, or member of the City Council, or of the 
	Spring Lake-Ferrysburg Police Department shall render himself or herself 
	personally liable for any damage that may accrue to any person as a result of 
	any act, decision or other consequence or occurrence arising out of the 
	discharge of his or her duties and responsibilities pursuant to this chapter.
(Ord. 165, passed 5-19-97)

§ 131.99	PENALTY.
	Any person violating the provisions of this chapter shall be deemed guilty of a 
	misdemeanor and, upon conviction thereof, shall be punished as provided in 
	§ 10.99. The city may also seek injunctive relief as may be appropriate.
(Ord. 165, passed 5-19-97)