[Prior code § 9.15]
No person shall knowingly possess, keep or maintain any narcotic
drugs, marijuana or stimulant, depressant or hallucinogenic drugs,
or any substance defined as a controlled substance in the Uniform
Controlled Substance Act, Chapter 961 of the Wisconsin Statutes, 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 or her professional practice, or except as otherwise authorized
by Chapter 961 of the Wisconsin Statutes.
[Added 11-21-2011 by Ord. No. 275]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DELIVER
Has the same meaning given in Section 961.01(6), Wis. Stats.,
with respect to a controlled substance or controlled substance analog.
DISTRIBUTE
Has the same meaning given in Section 961.01(9), Wis. Stats.,
with respect to a controlled substance or controlled substance analog.
B. Prohibited Sales, Use and Possession. It shall be illegal for any
person to possess, sell, publicly display for sale or attempt to sell,
give, deliver, distribute, or barter any one or more of the following
chemicals, whether under the common street or trade names of "Spice,"
"K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn," "Zohia," "fake,"
or "new" marijuana, or by any other name, label or description:
1. Cannabicyclohexonal: 2-[(IR, 3S)-3-hydroxycyclohexyl]-5-(2 methylnonan-2-yl)
phenol;
2. CP47,497 and homologues: 2-[(IR, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan
-2-yl)phenol;
3. HU-210: [(6aR, 10aR)-9-(hydroxy-methyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)
-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol], also known as (6aR,
10aR)-3-(1, 1-dimethylheptyl)-6a, 7, 10, 10a-tetrahydro-1-hydroxy-6,
6-dimethyl-6H -dibenzo(b,d] pyran-9-methanol;
4. JWH-018: 1-pentyl-3-(1-naphthoyl) indole, also known as Naphthalen-1-yl-
(1-butylindol-3-yl) methanone;
5. JWH-073: 1-butyl-3-(1-naphthoyl) indole, also known as Naphthalen-1-yl-
(1-butylindon-3-yl) methanone;
6. JWH-081: 1-pentyl-3-(4-methoxy-1-naphthoyl) indole, also known as
4-methoxynaphtalen-1-yl-(1-pentylindol -3-yl) methanone;
7. JWH-200: 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole;
8. JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl) indole, also known as
2-(2-methoxyphenyl)-1-(1-pentylindol -3-yl) ethanone;
9. 1-[1-(2-thienyl) cyclohexyl] piperidine, which is the thiophene analog
of phencyclidine;
10.
N-ethyl-1-phenylcyclohexylamine, which is the ethylamine analog
of phencyclidine;
11.
1-(1-phenylcyclohexel) pyrrolidine, which is the pyrrolidine
analog of phencyclidine;
12.
2,5-dimethoxyamphetamine;
13.
4-bromo-2,5-dimethoxyamphetamine, commonly known as "DOB";
14.
4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known
as "2C-B" or "Nexus";
15.
4-iodo-2,5-dimethoxy-beta-phenylethylamine, commonly known as
"2C-I";
16.
2,5 dimethoxy-4-(n)-propylthiophenethylamine, commonly known
as "2C-T-7";
17.
Alpha-methyltryptamine, commonly known as "AMT";
18.
5-methoxy-N, N-diisopropyltryptamine, commonly known as "5-MeO-DIPT";
19.
4-methoxyamphetamine, commonly known as "PMA";
20.
1-(3{trifluoromethylpheny1} piperazine, some trade or other
names: TFMPP;
21.
Salvia divinorum or salvinorum A: all parts of the plant presently
classified botanically salvia divinorum, whether growing or not, the
seeds thereof; any extract from any part of such plant, and every
compound manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
22.
Synthetic equivalents of the substances contained in the plant
cannabis, and/or in the resinous extractives of cannabis and/or synthetic
substances, derivatives, and their isomers with similar chemical structure
and pharmacological activity, and/or any substance which claims such
properties even if in actuality they do not;
23.
Compounds of these structures, regardless of numerical designation
of atomic positions, are similarly prohibited, since nomenclature
of these substances is not internationally standardized; and/or
24.
Any similar structural analogs, such as, including, but not
limited to the synthetic cannabinoids that fall into and/or are part
of one or more of the seven major structural groups:
a.
Naphthoylindoles (e.g., JWH-018, JWH-073 and JWH-398).
e.
Phenylacetylindoles (i.e., benzoylindoles, e. JWH-250).
f.
Cyclohexylphenols (e.g., CP 47,497 and homologues of CP 47,497).
g.
Classical cannabinoids (e.g., Hu-210).
C. Exception.
1. The prohibitions set forth herein do not apply to any person who
commits an act described in this section pursuant to the direction
or prescription of a licensed physician or dentist authorized to direct
or prescribe such act.
2. Subsection
B21 does not apply to the manufacture of any dosage form of salvinorum A that may be obtained from a retail establishment without a prescription and that is recognized by the United States Food and Drug Administration as a homeopathic drug.
3. Subsection
B22 does not apply to the distributing or delivery to an individual who is 18 years of age or older of any dosage form of salvinorum A that may be obtained from a retail establishment without a prescription and that is recognized by the United States Food and Drug Administration as a homeopathic drug.
D. Penalties. Any person who shall violate any provision of this section
shall be subject to a penalty as follows:
1. Any person who shall sell, publicly display for sale or attempt to sell, give, deliver, distribute, or barter any one or more of the chemicals as prohibited in Section
9.08.025 above shall, upon conviction, be subject to a forfeiture of not less than $500 and not more than $1,000, together with the cost of prosecution for each violation. Each day a violation continues shall constitute a separate offense. The Village may also seek equitable relief to gain compliance.
2. Any person who shall possess any one or more of the chemicals as prohibited in Section
9.08.025 above shall, upon conviction, be subject to a forfeiture of not less than $400 and not more than $1,000, together with the cost of prosecution for each violation.