Chapter 9.55
POSSESSION OF DRUG PARAPHERNALIA
Sections:
9.55.020 Determination of drug paraphernalia.
9.55.030 Prohibited activities.
9.55.010 Definition.
In this section “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 Wis. Stat. Ch. 961, in violation of this chapter. It includes, but is not limited to:
1. 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.
2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
3. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
4. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
5. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances.
7. Separating gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in packaging small quantities of controlled substances.
9. Capsules, balloons, envelopes or other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
10. Containers or other objects used, intended for use or designed for use in storing or concealing controlled substances.
11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parentally injecting controlled substances into the human body.
12. 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:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. 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.
f. Miniature cocaine spoons and cocaine vials.
g. Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers. (2008 code § 9.37(1))
9.55.020 Determination of drug paraphernalia.
In determining whether an object is drug paraphernalia, the following shall be considered:
1. Statements by an owner or by anyone in control of the object concerning its use.
2. Prior convictions, if any, of an owner or of anyone in control of the object under Town, state or federal law relating to any controlled substance.
3. The proximity of the object in time and space to a direct violation of this chapter.
4. The proximity of the object to controlled substances.
5. The existence of any residue of controlled substances on the object.
6. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons who the person knows or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of any owner or of anyone in control of the object as to a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
7. Oral or written instructions provided with the object concerning its use.
8. Descriptive materials accompanying the object which explain or depict its use.
9. National and local advertising concerning its use.
10. The manner in which the object is displayed for sale.
11. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
12. The existence and scope of legitimate uses for the object in the community.
13. Expert testimony concerning its use. (2008 code § 9.37(2))
9.55.030 Prohibited activities.
1. 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.
2. Manufacture, Sale, or Delivery of Drug Paraphernalia. No person may sell, deliver, possess with intent to deliver drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 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.
3. Delivery of Drug Paraphernalia to a Minor. Any person who violates subsection (2) of this section by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.
4. 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.
5. Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Wis. Stat. Ch. 961. This chapter does not prohibit the possession, manufacture or use of hypodermics in accordance with Wis. Stat. Ch. 961. (2008 code § 9.37(3))
9.55.040 Penalties.
1. Any drug paraphernalia used in violation of this chapter shall be seized and forfeited to the Town of East Troy.
2. Any person who violates ETMC 9.55.030(4) shall upon conviction be subject to a forfeiture of not less than $50.00 nor more than $500.00, in addiction to the costs of prosecution and upon default of payment, may be imprisoned in the county jail until the costs are paid, but not to exceed 30 days.
3. Any person who violates ETMC 9.55.030(1), (2) or (3) shall upon conviction be subject to forfeiture that conforms to the forfeiture permitted to be imposed for violation of the comparable state statute including any variations for subsequent offenses, but in no instance shall the amount of forfeiture exceed $1,000 together with the costs of prosecution and upon default of payment, may be imprisoned in the county jail until costs are paid, but not to exceed 90 days. (2008 code § 9.37(4))