§ 86-89. Possession, manufacture, display, and sale of drug paraphernalia.

(a)

It is unlawful for any person to use, or to 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 controlled substance as defined by the Mississippi Uniform Controlled Substances Law, MCA 1972, § 41-29-101 et seq.

(b)

It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will 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 controlled substance as defined by the Mississippi Uniform Controlled Substances Law, MCA 1972, § 41-29-101 et seq.

(c)

Except as authorized by law, it shall be unlawful for any person to maintain or operate any business, knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed or sold at such business. Law enforcement officers and city officials charged with enforcing city ordinances may provide verbal or written notification to a business that drug paraphernalia is on display or being sold at a business. A business that receives such a notice shall have 24 hours to remove from display all drug paraphernalia identified in the notice and shall immediately cease all sales upon receipt of said notice. Any display of drug paraphernalia subsequent to the expiration of the 24-hour period or any sale of drug paraphernalia following service of the notice shall constitute a rebuttable presumption that the person or business has knowingly displayed or sold drug paraphernalia.

(d)

It is unlawful for any person to 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.

(e)

Any person 18 years of age or over who violates subsection (b) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a special offense and shall be imprisoned in the city jail for a term of not less than 30 days.

(f)

This section does not apply to manufacturers, medical practitioners, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with the laws of the state. This section shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by the laws of the state or by any ordinance of the city.

(g)

Any drug paraphernalia used, possessed or delivered in violation of this section shall be seized and forfeited to the municipality.

(Code 1971, § 18-38; Ord. No. 2012-22(3), 7-24-12)

Editor's note

Ord. No. 2012-22(3), adopted July 24, 2012, amended § 86-89 title to read as herein set out. Former § 86-89 title pertained to possession, manufacture, and sale of drug paraphernalia.