Caught with a Glass Marijuana Pipe

[SpartanSaint]

My question involves criminal law for the state of: Michigan

Possession of Drug Paraphernalia. No person shall possess a hypodermic syringe or needle or any other instrument or implement adapted for the use of narcotic or dangerous drugs.

Not a needle or adapted for use of drugs just used for smoking as it was made to be used. Glass pipes such as the one I was caught with are sold in the city that has is prosecuting me. I know the conventional wisdom is that they are legal up until you smoke out of it leaving drug residue but this ordinace doesn’t mention residue. Does this law actually apply in my case.

[That Guy]

Why would it not apply?

Read Michigan's MCL 333.7451, you'll see that the term "residue", is not mentioned and as such, is not needed to establish whether ANY item qualifies as "Drug Paraphernalia", only that it can be used in that manner.

333.7451 “Drug paraphernalia” defined.
Sec. 7451.

As used in sections 7453 to 7461 and section 7521, “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:

(a) An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance.

(b) Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.

(c) A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.

(d) A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.

(e) A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.

(f) An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.

(g) 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.

(h) A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(i) 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.

(j) A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.

(k) A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose.

(l) 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.

(m) 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.

History: Add. 1988, Act 139, Imd. Eff. June 3, 1988
Popular Name: Act 368

[SpartanSaint]

well michigan actually has no laws about possesing drug paraphernalia just selling it. I am not being charged under a state law as there is no state law for this offense. I posted the ordinace for the city in the OP and as far as i can tell its written for neadles or any implement adapted for illegal drug use. The pipe wasnt adapted for illegal drug use, it was used for smoking just as a pipe is supposed to be used for. You can buy these pipes on the same block as the city hall, court house and police station.

And before it gets said, the law it written in a way that selling paraphernalia is only an arrestable offense once the prosecuting attorneys send a written notice that they are in violation and if they dont cease selling within todays they will be arrested.

[That Guy]

well michigan actually has no laws about possesing drug paraphernalia just selling it. I am not being charged under a state law as there is no state law for this offense.

So you are being charged under a local ordinance, which is not covered under state law. There is nothing that would prevent local government from enacting its own laws as long as those are not preempting existing state laws. In this case, the ordinance you are being charged with is still a "law"... So... Your point is?

I posted the ordinace for the city in the OP and as far as i can tell its written for neadles or any implement adapted for illegal drug use.

It would be easy to articulate that a pipe, is an instrument/implement that can/is/was adapted for the use (smoking) of a narcotic!

If I may make 2 simple edits (only remove references to the needles and to "other") the wording of the ordinance you posted:

Possession of Drug Paraphernalia. No person shall possess (-) any (-) instrument or implement adapted for the use of narcotic or dangerous drugs.

Again, your point is?

The pipe wasnt adapted for illegal drug use, it was used for smoking just as a pipe is supposed to be used for.

Smoking "what"? That is the question!!!

If you've been smoking marijuana in that pipe, then by my interpretation, the code section fits to a tee. If you're using it to smoke tobacco, then by golly, that's your free ticket out of this charge!

You can buy these pipes on the same block as the city hall, court house and police station.

Just because I buy a cigarette lighter doesn't mean I'm going to use it to smoke crack.
Just because I sell lighters doesn't mean I'm condoning drug use.
Just because I buy Sudafed doesn't mean I am making crystal meth.
Just because I sell Sudafed doesn't mean I am conspiring to the manufacturing of an illegal drug.
Just because I sell a glass pipe does not mean I'm selling it for the sole purpose of smoking marijuana!
Now, If I buy the glass pipe AND I use it to smoke marijuana, then possession of it is a chargeable offense!

And before it gets said, the law it written in a way that selling paraphernalia is only an arrestable offense once the prosecuting attorneys send a written notice that they are in violation and if they dont cease selling within todays they will be arrested.

I assume you're referring to the law that prohibits selling drug paraphernalia... And if that is the case, what does THAT process have to do with the law that prohibits possession of drug paraphernalia (as long as it can be established that it was being used in that manner)!

Whatever it is that you're trying to argue, it sound pretty damned weak!

After doing a bit of reading, I just realized that this is your SIXTH thread regarding this same matter... You went from illegal search, to groping and fondling your privates, to suppression motions, to suggesting that the officer was making it all up... None sounded convincing, not by a long shot! But in each and every thread, you've made at least one statement that sort of caught my attention after posting in this thread, like this one:

He searched my car, found no drugs but i did have paraphernelia.

And this one...

... then later after searching my car and finding my glass pipe fore marijuana...

And this one...

I recently got caught with a glass marijuana pipe

And this one...

i did have a marijuana pipe

Not pointing out the obvious, but simply saying that although I have no idea what stage your case is in at this point, it sounds to me like it might be a bit too late to argue the definition of the code section. I am not sure what the penalty is for this type of charge, or how you're benefiting from dragging it out this long, but it is inconceivable that your case is still going or why you have not accepted some sort of plea deal!!!

Good luck to you anyway!

[SpartanSaint]

well first of all your the one who mentioned the state law on paraphernalia and all i did was simply point out that it only aplied to selling paraphernalia and not to simple possesion such as mine, second of all if your really gonna insult me because an officer lied on his report about certain things and touched me in a improper way during his "frisk" maybe you shouldnt be on this forum, third of all you have no idea what exactly the deal is with my case and should no be judging me for the fact it has been taking this long as that is for reasons out of my control. fourth of all did you did really just try to put marijuana in the same class as meth and crack? and lastly why did you bother qouting all the post saying marijuana pipe if that was not the case then there would be no case.



P.S. and one last thing if your right 97% of the time then there is only 3% left not 4% learn to do math buddy.

[That Guy]

P.S. and one last thing if your right 97% of the time then there is only 3% left not 4% learn to do math buddy.

LOL... OK, I will!

[Roger Wolf]

LOL... OK, I will!

Walk into court with 12 different types of pipes from 12 senior citizens and ask the officer to point out which one are "POT> pipes and which ones are not? It would help to have the12 senior citizens owners of the pipes in court to testif that hey never smoke POT in IT...join NORMAL