§ 38-11-41. Definitions.

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

Arcade means any place, premises or room set aside in a retail or a commercial establishment where are located three (3) or more coin-operated games, but excludes coin-operated games owned by, or leased to, an establishment that is licensed for the sale of alcoholic beverages for consumption on the premises.

Controlled substance means any drug, immediate precursor or substance, by whatever official, common, usual, chemical, or trade name known, that is delineated in Schedules 1 through 5 of Part 72 of the Michigan Public Health Code, being MCL 333.7201 through MCL. 333.7231.

Drug means:

(1)

A substance that is recognized as a drug in the official united states pharmacopoeia, official homeopathic pharmacopoeia of the united states, or official national formulary, or any supplement to any of them; or

(2)

A substance that is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals; or

(3)

A substance, other than food, that is intended to affect the structure or function of the body of human beings or animals; or

(4)

A substance that is intended for use as a component of any substance specified within this definition.

Drug-free zone means an area where controlled substances and drug paraphernalia are prohibited and a violation of the prohibition results in a mandatory fine and imprisonment.

Drug paraphernalia means any equipment, product, material, or combination of equipment products or materials, which are 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, including but not limited to:

(1)

An isomerization device specifically designed for use in increasing the potency of any species of plant which 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 dilutent or adulterant including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose or 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, such as:

a.

A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, a permanent screen, a hashish head, or punctured metal bowl;

b.

A water pipe;

c.

A carburetion tube and device;

d.

A smoking and carburetion mask;

e.

A roach clip: meaning an object used to hold a burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

f.

A miniature cocaine spoon, and a cocaine vial;

g.

A chamber pipe;

h.

A carburetor pipe;

i.

An electric pipe;

j.

An air-driven pipe;

k.

A chillum;

j.

A bong; or

m.

An ice pipe or chiller.

(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, converting, producing, processing, or preparing a controlled substance;

(9)

A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, and which consists of at lease a razor blade and a mirror;

(10)

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

(11)

A device, commonly known as a snorter, that is specifically designed to carry a small amount of a controlled substance 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 a controlled substance;

(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 a controlled substance into the human body;

(14)

A blender, bowl, container, spoon or mixing device used, intended for use, or designed for use in compounding a controlled substance;

(15)

A capsule, balloon, envelope or other container used, intended for use, or designed for use in packaging small quantities of a controlled substance;

(16)

A container and other objects used, intended for use, or designed for use in storing or concealing a controlled substance; and

(17)

A hypodermic syringe, needle and other instrument or implement adapted, for the use of any controlled substance by subcutaneous injection or intracutaneous injection, or any other manner or method of introduction into the human body.

Immediate precursor means a substance which the Michigan Board of Pharmacy, or its designated or established authority, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

Outdoor recreation facility means a playground, playfield, parklot, or parkway and parklot, and includes any adjacent parking lot, open to the public, with any portion intended for the recreation of persons under eighteen (18) years of age.

Swimming pool means a pool open to the public and includes any adjacent parking lot.

Youth center means any recreational facility or gymnasium, and includes any adjacent parking lot, intended primarily for use by persons under eighteen (18) years of age, which regularly provides athletic, civic, or cultural activities.

(Ord. No. 27-06, § 1, 7-28-06)