City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.26, 9.29 and 9.35 of the Municipal Code; amended in its entirety 6-19-2001 by Ord. No. 2142. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and tobacco products — See Ch. 93.

§ 100-1 Possession of controlled substances prohibited.

[Amended 4-10-2007 by Ord. No. 2346]
No person may possess or attempt to possess a controlled substance or a controlled substance analog, as those terms are defined in § 961.01, Wis. Stats., unless the person obtains the substance or the analog directly from, or pursuant to, a valid prescription or order of a practitioner who is acting in the course of his/her professional practice, or unless the person is otherwise authorized by Chapter 961, Wis. Stats., to possess the substance or the analog.

§ 100-2 Possession, manufacture and delivery of drug paraphernalia.

A. 
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 or controlled substance analog, as defined in Ch. 961, Wis. Stats., in violation of this section. 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 or controlled substance analog can be derived.
(2) 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or controlled substance analogs.
(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 or controlled substance analogs.
(5) 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or controlled substance analogs.
(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 or controlled substance analogs.
(7) 
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.
(8) 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or controlled substance analogs.
(9) 
Capsules, balloons, envelopes or other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or controlled substance analogs.
(10) 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or controlled substance analogs.
(11) 
Hypodermic syringes, needles, or other objects used, intended for use, or designed for use in parenterally injecting controlled substances or controlled substance analogs 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.
B. 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the following shall be considered, without limitation of such other considerations a court may deem relevant:
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
The proximity of the object in time and space to a direct violation of this section.
(3) 
The proximity of the object to controlled substances or controlled substance analogs.
(4) 
The existence of any residue of controlled substance or controlled substance analog on the object.
(5) 
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 section. The innocence of an owner, or of anyone in control of this 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.
(6) 
Oral or written instructions provided with the object concerning its use.
(7) 
Descriptive materials accompanying the object which explain or depict its use.
(8) 
National and local advertising concerning its use.
(9) 
The manner in which the object is displayed for sale.
(10) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(11) 
The existence and scope of legitimate uses for the object in the community.
(12) 
Expert testimony concerning its use.
C. 
Prohibited activities.
[Amended 4-25-2006 by Ord. No. 2310]
(1) 
Possession of drug paraphernalia. No person may use, or possess with the primary 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 or controlled substance analog in violation of this section.
(2) 
Manufacture or delivery of drug paraphernalia. No person may deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing that it will be primarily 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 or controlled substance analog in violation of this section.
(3) 
Delivery of drug paraphernalia by a minor to a minor. No person may violate Subsection C(2) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator.
(4) 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wis. Stats.

§ 100-3 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.