The following ordinance was adopted at a regular meeting of the Township Board on July 27, 2020:
ORDINANCE NO. 819
DRUG PARAPHERNALIA ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, BY ADDING ARTICLE 3 TO CHAPTER 11, TO ADD REGULATIONS CONCERNING DRUG PARAPHERNALIA; AND BY PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN ORDAINS:
Section 1. Chapter 11, Article 3. Article 3, Chapter 11, of the Fruitport Charter Township Code of Ordinances titled “Drug Paraphernalia Ordinance,” shall read in its entirety as follows.
Sec. 11-71. Short Title.
This article shall be known and may be cited and referred to as the “Fruitport Charter Township Drug Paraphernalia Ordinance.”
Sec. 11-72. Drug Paraphernalia Definitions.
“Drug Paraphernalia” when used in this article shall mean 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, Act 368 of 1978 (MCL 333.1101 et seq.) or any other applicable state law, including, but not limited to, all of the following:
- An isomerization device specifically designed for use in increasing the potency of any species of plant that is a controlled substance;
- Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance;
- A weight scale or balance specifically designed for use in weighing or measuring a controlled substance;
- A diluent or adulterant including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance;
- A separation gin or sifter specifically designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
- An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body;
- 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;
- A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
- 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;
- 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 controlled substances; or
- 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
NOTE – The above definition of “Drug Paraphernalia” is intended to directly restate the same definition as is included in Section 7451 of the Michigan Public Health Code, Act 368 of 1978 (MCL 333.7451). Accordingly, in the event that such statutory definition is amended and a conflict exists with the definition contained in this section, the conflict shall be resolved in favor of the statutory definition.
Sec. 11-73. Rule of Construction.
Any word or term not defined in this article shall be considered to be defined in accordance with its common or standard definition.
Sec. 11-74. Prohibited Use.
It shall be unlawful for any person to commit 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, Act 368 of 1978 (MCL 333.1101 et seq.) or any other applicable state law.
(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, Act 368 of 1978 (MCL 333.1101 et seq.) or any other applicable state law.
(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.
Sec. 11-75. Exceptions.
The prohibitions in this article shall not apply to the following:
(a) An object sold or offered for sale to a person licensed under the Michigan Occupational Code, Public Act 299 of 1980 (MCL 339.101 et seq.), or any intern, trainee, apprentice, or assistant in a profession licensed under the Michigan Occupational Code 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, products, or materials which may be used in the preparation or smoking of tobacco or smoking herbs other than a “controlled substance” as used in this article;
(e) A blender, bowl, container, spoon, or mixing device not specifically designed for a use described above in the section titled “Prohibited Use;”
(f) A hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals; or
(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.
Sec. 11-76. Penalties.
Any person who violates any provision of this article shall be responsible for a misdemeanor.
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on July 27, 2020, after introduction and first reading on July 13, 2020, and publication after the first reading as required by Act 359 of the Michigan Public Acts of 1947, as amended. This Ordinance shall be effective September 17, 2020 which will be 30 days after publication.