§ 38-11-29. Exceptions for possession of drug paraphernalia including hypodermic syringes and needles.  


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  • The provisions of this division that restrict the possession of any drug paraphernalia including any hypodermic syringe, needle, or other implement or instrument adapted for the use of subcutaneous injection or intracutaneous injection, or any other manner or method of introduction into the human body, shall not apply:

    (1)

    To an object sold, or offered for sale, to a person licensed under the Michigan Occupational Code, being MCL 339.101 through 339.2721; MSA 18.425(101) through 18.425(2721), for use in said profession, or to any intern, trainee, apprentice or assistant in a profession that is licensed under the Michigan Occupational Code, being MCL 339.101 through 339.2721; MSA 18.425(101) through 18.425(2721), for use in said profession; or

    (2)

    To 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 said institution; or

    (3)

    To an object sold, or offered for sale, to a dealer in medical, dental, surgical, or pharmaceutical supplies; or

    (4)

    To equipment, a product, or material which may be used in the preparation or smoking of tobacco or smoking herbs other than a controlled substance; or

    (5)

    To a blender, bowl, container, spoon, or mixing device not specifically designed for a use defined in Section 38-11-21 of this Code; or

    (6)

    To a hypodermic syringe or needle sold, or offered for sale, for the purpose of injecting or otherwise treating livestock or other animals; or

    (7)

    To 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 including an authorized provider of, or to a participant in, a needle-exchange program that is licensed in accordance with Chapter 24, Article 12, of this Code; or

    (8)

    To public officers or employees while engaged in the performance of their official duties.

(Ord. No. 15-96, § 1, 7-31-96)