Chapter 9.16 DRUG PARAPHERNALIA

Chapter 9.16
DRUG PARAPHERNALIA

Sections:

9.16.020 Determination of drug paraphernalia.

9.16.010 Drug paraphernalia defined.

“Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or 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, as defined in Ch. 961, Wisconsin Statutes, in violation of this chapter. It includes, but is not limited to:

A. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

B. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

C. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

D. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

E. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;

F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;

G. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

H. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;

I. Capsules, balloons, envelopes or other containers used, intended for use or designed for use in packaging small quantities of controlled substances;

J. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;

K. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;

L. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, including, but not limited to:

1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,

2. Water pipes,

3. Carburetion tubes and devices,

4. Smoking and carburetion masks,

5. Objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,

6. Miniature cocaine spoons and cocaine vials,

7. Chamber pipes,

8. Carburetor pipes,

9. Electric pipes,

10. Air-driven pipes,

11. Chillums,

12. Bongs,

13. Ice pipes or chillers.

(Prior code § 9.34(1))

9.16.020 Determination of drug paraphernalia.

In determining whether an object is drug paraphernalia, the following shall be considered:

A. Statements by an owner or by anyone in control of the object concerning its use;

B. Prior convictions, if any, of an owner or of anyone in control of the object, under any city, state or federal law relating to any controlled substance;

C. The proximity of the object in time and space to a direct violation of this chapter;

D. The proximity of the object to controlled substances;

E. The existence of any residue of controlled substances on the object;

F. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom the person knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

G. Oral or written instructions provided with the object concerning its use;

H. Descriptive materials accompanying the object which explain or depict its use;

I. National and local advertising concerning its use;

J. The manner in which the object is displayed for sale;

K. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

L. The existence and scope of legitimate uses for the object in the community;

M. Expert testimony concerning its use.

(Prior code § 9.34(2))

9.16.030 Prohibited activities.

A. Possession of Drug Paraphernalia. No person may use, or 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 in violation of this chapter.

B. Manufacture, Sale or Delivery of Drug Paraphernalia. No person may sell, deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing 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 in violation of this chapter.

C. Delivery of Drug Paraphernalia to a Minor. Any person seventeen (17) years of age or over who violates subsection B of this section by delivering drug paraphernalia to a person under seventeen (17) years of age is guilty of a special offense.

D. Advertisement of Drug Paraphernalia. No person may place in any newspaper, magazine, handbill or other publication, or upon any outdoor billboard or sign, any advertisement, knowing 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. Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wisconsin Statutes. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wisconsin Statutes. (Ord. 2057-06 § 1, 2006; amended during 1997 codification; Ord. 1597 § 2 (part), 1997; prior code § 9.34(3))