Drug Paraphernalia

An ordinance to regulate the unlicensed sale or dispensation of drug paraphernalia used, designed, marketed or intended for use with controlled substances; to provide penalties for the violation thereof, and to repeal all ordinances or parts of ordinances in conflict herewith.

THE TOWNSHIP OF ___________, __________ COUNTY, MICHIGAN, ORDAINS:

Section 1: Title
This ordinance shall be known and cited as __________ Township Drug Paraphernalia ordinance.

Section 2: Purpose
This ordinance is enacted for the purpose of protecting public health, safety and general welfare of persons and property within _________ Township, pursuant to the authority granted to townships in the Township Ordinances Act, Public Act 246 of 1945 (MCL 41.181, et seq.), by prohibiting the sale or dispensation of drug paraphernalia used, designed, marketed or intended for use with a controlled substance or substances without an appropriate license form the State of Michigan within _________ Township, and to provide penalties for the violation thereof.

Section 3: Definitions
"Drug Paraphernalia" means any item, equipment, product or material of any kind which is used, designed, marketed or intended for use with a controlled substance.

"Controlled Substance" is defined as is set forth in Part 71 of the Public Health Code Act, Public Act 368 of 1978, as amended,(MCL Sec. 333.7101, et seq.).

"Used, designed, marketed or intended for use with a controlled substance” means that at the time the drug paraphernalia is sold, displayed or otherwise dispensed, the drug paraphernalia either: was primarily designed, adapted or marketed because of its objective physical features, for use with a controlled substance; or was intended by the party selling or dispensing the same for use with a controlled substance.

Section 4: Regulation
Any party who sells, offers, gives, or otherwise dispenses any drug paraphernalia shall be guilty of a misdemeanor.

This regulations section shall not apply to parties licensed by the State of Michigan to engage in the activities herein prohibited.

Section 5: Penalties
Any violation of this ordinance shall be punishable by a fine not to exceed Five Hundred ($500.00) Dollars, and/or by imprisonment in the County jail for not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense.

In addition, as an alternate remedy, the township shall have the authority to proceed in any Court of competent jurisdiction to obtain an injunction, restraining order, or other appropriate remedy to compel compliance with the within ordinance. Election of one of the foregoing remedies shall not preclude the application of the other remedy.

Note: This ordinance is written to be enforced as a criminal misdemeanor. If your township intends to enforce this ordinance as a civil infraction, the penalty provision will need to be revised. Please consult your local attorney, or contact Michigan Townships Association for sample civil infraction penalty provisions and enforcement guidelines.

Section 6: Severability
Should any part of this ordinance be declared unconstitutional, illegal, or of no force or effect by a Court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part or portion thereof.

Section 7: Effective Date
All ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall take effect on the 30th day following its adoption and publication in the local newspaper.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.