Michigan Criminal Attorneys Blog
The following are misdemeanor drug offenses that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.
Sec 46-231. Possession of marijuana. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Marijuana means all parts of the plant Cannabis Sativa, whether growing or not; the seeds of such plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. The definition does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake, or the sterilized seed of the plant which is incapable of germination.
(b) Penalty for violation of section: A person commits the offense of unlawful possession of marijuana if he or she knowingly or intentionally uses, possesses, transfers or sells marijuana except as authorized by part 71 of the Public Health Code (MCL 333.7101 et seq). The offense shall, upon conviction, be punishable as a misdemeanor as provided in section 1-7 (Ord. No. 596, section 21-44, 11-18-1977).
Sec. 46-256-46-280. Drug paraphernalia. State law reference – Drug Paraphernalia, MCL 333.7451 et seq.
Sec 46-281. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Drug paraphernalia means 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 including, but not limited to, all of the following:
(1) an isomerization device specifically designed for use in increasing the potency of any species of plant which plant 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 weigh scale or balance specifically designed for use in weighing or measuring a controlled substance.
(4) a diluent or adulterant including, but not limited to, quinine hydrochloride, mannitol, manatee, dextrose, and lactose, specifically designed for use with a controlled substance.
(5) a seperation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(6) an once specifically designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body.
(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 controlled substances.
(9) 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.
(10) a device commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.
(11) a device commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances 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 controlled substances.
(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 controlled substances into the human body.
State law reference – similar provisions, MCL 333.7451.
Sec 46.282. Exemptions. The provisions of this division does not apply to any of the following:
(1) an object sold or offered for sale to a person licensed under article 15 of the Public Health Code (MCL 333.16101 et seq.) or under the Occupational Code (MCL 339.101 et sequa.), or any intern, trainee, apprentice, or assistant in a profession licensed under such article 15 or the Occupational Code for use in that profession.
(2) an object solde 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.
(3) an object sold or offered for sale to a dealer in medical, dental, surgical, or pharmaceutical supplies.
(4) equipment, a product, or material which may be used in the preparation or smoking of tobacco or smoking herbs other than a controlled substance.
(5) a blender, bowl, container, spoon, or mixing device not specifically designated for a use described in section 46-281.
(6) a hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals.
(7) 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.
State law reference – similar provision, MCL 333.7457.
Sec 46-283 – Sale prohibited; notice; compliance. (a) Subject to subsection (b) of tis section, a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia 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.
(b) Before a person is arrested for a violation of subsection (a) of this section, the city attorney shall notify the person in writing, not less than 2 business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the city attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (a) of this section.
(c) If a person complies with a notice sent under subsection (b) of this section, the compliance is a complete defense for the person against a prosecution under this section, as long as the compliance continues.
State law reference – similar provisions, MCL 333.7453.
Sec. 1-7. General penalty; continuing violations. (a) In this section, the words “violation of this Code” mean any of the following:
(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, a misdemeanor or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform an act that is required to be performed by ordinance, or by rule or regulation authorized by ordinance.
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, a misdemeanor, or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.
(b) In this section the words “violation of this Code” include causing, securing, aiding or abetting a violation of this Code as defined in subsection (a) of this section.
(b) In this section, the words “violation of this Code” do not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(d) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00, imprisonment for a period not more than 90 days, or both; However, unless otherwise provided by law, a person convicted of a violation of any of the provisions of this Code that substantially corresponds to a violation of State law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both. A person convicted of a violation of this Code shall be responsible for costs. The penalty in this subsection does not apply to any municipal civil infraction.
(e) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. As to theory violations, each violation constitutes a separate offense.
(f) The city of Clawson is entitled to recover the cost of investigating and prosecuting a violation from the person convicted of a violation of this Code. The city of Clawson is entitled to recover Court costs from any person convicted of a violation of this Code.
(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit, or franchise or other administrative sanctions.
(h) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement. (Code 1978, section 1-6). State law reference, penalty for ordinance violations, MCL 117.3(k), 117.4i; municipal civil infractions, MCL 117.4l, 600.8701 et seq.
Sec. 46-2. State law misdemeanors. Every act prohibited by State law as a misdemeanor is prohibited, and whoever violates the provisions of this section within the city of Clawson shall, upon conviction, be punished by the same penalty provided by State law, except the penalty shall, in no case, exceed the maximum authorized for an ordinance violation.
When charged with a criminal offense in Clawson Michigan it is important to hire an experienced criminal lawyer to assist you. Criminal misdemeanor offenses that allegedly occur in Clawson are prosecuted at the 52-4th Division District Court, which is located at 520 W. Big Beaver Road in Troy, Michigan 48084. An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.
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