(1) It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of sections 28-101, 28-431, and 28-439 to 28-444. (2) Any person who violates this section shall be guilty of an infraction. (3) A person shall not be in violation of this section if section 28-472 or 28-1701 applies.