City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 9.24 and 9.40 of the 1988 Code; amended in its entirety 11-18-2003 by Ord. No. 1740(20). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and tobacco products — See Ch. 128.

§ 135-1 Possession of marijuana or THC.

No person shall carry, possess or attempt to possess marijuana as that substance is defined in § 961.01(14), Wis. Stats., Tetrahydrocannabinols (THC) as that substance is defined in § 961.14(4)(t), Wis. Stats., or a controlled substance analog, as that term is defined in § 961.01(4m), Wis. Stats., of either marijuana or THC, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by Ch. 961, Wis. Stats., to possess the substance or the analog.

§ 135-2 Drug paraphernalia.

[Amended 5-16-2006 by Ord. No. 1797(1)]
A. 
Definition. In this section "drug paraphernalia" shall be defined as provided in § 961.571, Wis. Stats.
B. 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the factors listed in § 961.572, Wis. Stats., may be considered in addition to all other legally relevant factors.
C. 
Prohibited activities.
[Amended 8-19-2008 by Ord. No. 1868(10)]
(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 or a controlled substance analog in violation of §§ 961.573(1) or (2), Wis. Stats., which are adopted in their entirety.
(2) 
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 or a controlled substance analog in violation of §§ 961.574(1) or (2), Wis. Stats., which are adopted in their entirety.
(3) 
Delivery of drug paraphernalia by a minor to a minor. No person who is under 17 years of age may deliver drug paraphernalia to another person who is under 17 years of age in violation of § 961.575(2), Wis. Stats., which is adopted in its entirety.
(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.
D. 
Penalties.
[Amended 8-19-2008 by Ord. No. 1868(10)]
(1) 
Any drug paraphernalia used in violation of this section shall be seized and forfeited to the City.
(2) 
Any person who violates Subsection C(1), (2) or (3) who is under 17 years of age is subject to a disposition under § 938.344(2e), Wis. Stats.

§ 135-3 Violations and penalties.

Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code.