Chapter 9.35
MARIJUANA AND OTHER CONTROLLED SUBSTANCES

Sections:

9.35.010    Controlled substances.

9.35.020    Possession of marijuana or synthetic cannabinoid.

9.35.010 Controlled substances.

No person shall knowingly possess, keep or maintain any controlled substance or any substance defined as a controlled substance in Wis. Stat. § 961.01(4) or any controlled substance analog as defined in Wis. Stat. § 961.01(4m), unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by Wisconsin Statutes. (Ord. 2014-8 § 1; Ord. 2010-21 § 3. 2008 code § 9.27(1))

9.35.020 Possession of marijuana or synthetic cannabinoid.

1.    No person shall possess, use, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give or barter marijuana or a synthetic cannabinoid listed in Wis. Stat. § 961.14(4)(sm), (t) and (tb) unless prescribed by a licensed practitioner as defined in Wis. Stat. § 961.01(19) and does not include cannabidiol in a form without a psychoactive effect that is dispensed as provided in Wis. Stat. § 961.38(1n)(a) or that is possessed as provided in Wis. Stat. § 961.32(2m)(b). This prohibition includes but is not limited to the following chemicals whether under the common street or trade names of “Spice,” “K2,” “Genie,” “Yucatan Fire,” “fake,” or “new” marijuana, or by any other name, label, or description:

a.    Salvia divinorum of Salvinorum A; all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or extracts;

b.    (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol – some trade or other names: HU-210;

c.    1-Pentyl-3-(1-naphthoyl) indole – some trade or other names: JWH-018/spice;

d.    1-Butyl-3-(1-naphthoyl) indole – some trade or other names: JWH-073;

e.    1-(3{trifluoromethylphenyl}) piperazine – some trade or other names: TFMPP; or

f.    Any similar structural analogs.

2.    For purposes of this section, “licensed practitioner” means:

a.    A physician, dentist, veterinarian, podiatrist, scientific investigation or other person licensed, registered or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the state of Wisconsin.

b.    A pharmacy, hospital and other institution licensed, registered or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or administer a controlled substance in the course of professional practice or research in the state of Wisconsin.

3.    This section does not apply to any person who is charged with possession of more than 25 grams of marijuana, or a synthetic cannabinoid, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the state of Wisconsin, if that person is being prosecuted for the offense by the Walworth County District Attorney’s Office. If the Walworth County District Attorney’s Office has declined to prosecute an offense for possessing more than 25 grams of marijuana or a synthetic cannabinoid as a first offense, or any amount of marijuana or a synthetic cannabinoid if the offender has a prior conviction for possessing a controlled substance, the Town of East Troy Municipal Court shall have jurisdiction to prosecute the offense(s).

4.    Penalties. Any person violating this chapter shall be subject to a forfeiture of not more than $1,000, pursuant to Wis. Stat. § 961.41(3g)(em), exclusive of costs, and upon failure to pay the same shall be subject to a warrant being issued against them and the suspension of their driving privileges for a maximum of one year, until the forfeiture is paid. (Ord. 2017-4 § 1; Ord. 2014-8 § 1; Ord. 2010-21 § 3. 2008 code § 9.27(2))