As used in this chapter, the following terms shall have the
meanings indicated in this chapter:
DRUG PARAPHERNALIA
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, selling, distributing,
delivering, 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, Wis. Stats.,
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,
selling, distributing, delivering, 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 or 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.
(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.
In determining whether an object is drug paraphernalia, the
following shall be considered, without limitation of such other considerations
a court may deem relevant:
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 substance on the object.
F. Direct or circumstantial evidence of the intent of the 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 chapter. The innocence of an owner
or of anyone in control of this 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 sale of the business enterprise.
L. The existence and scope of legitimate uses for the object in the
community.
M. Expert testimony concerning its use.
Any person who violates §
255-3A,
B or
C shall, upon conviction, be subject to disposition under § 938.344(2e), Wis. Stats.