Village of Elm Grove, WI 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, 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.

"Drug paraphernalia" 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)

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.

(9)

Capsules, balloons, envelopes or other containers used, intended for use or designed for use in packaging small quantities of controlled substances.

(10)

Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.

(11)

Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil or other controlled substance under Ch. 961, Wis. Stats., 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)

Carburation tubes and devices.

(d)

Smoking and carburation 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.

Chamber pipes.

Carburator pipes.

Electric pipes.

Air-driven pipes.

Chillums.

Bongs.

Ice pipes or chillers.

"Drug paraphernalia" excludes:

(1)

Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.

(2)

Any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.

§ 128-2 Determination that object is drug paraphernalia.

In determining whether an object is drug paraphernalia, the following shall be considered:

Statements by an owner or by anyone in control of the object concerning its use.

Prior convictions, if any, of an owner or of anyone in control of the object under any municipal, state or federal law, regulation or ordinance relating to any controlled substance.

The proximity of the object in time and space to a direct violation of this chapter.

The proximity of the object to controlled substances.

The existence of any residue of controlled substances on the object.

Direct or circumstantial evidence of the intent of an 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 the 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.

Oral or written instructions provided with the object concerning its use.

Descriptive materials accompanying the object which explain or depict its use.

National and local advertising concerning its use.

The manner in which the object is displayed for sale.

Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.

The existence and scope of legitimate uses for the object in the community.

Expert testimony concerning its use.

§ 128-3 Prohibited acts.

[Amended 7-25-2006]

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.

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 in violation of this chapter.

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.

Delivery of drug paraphernalia to a minor. No person may deliver drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator 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 in violation of this chapter.

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.

§ 128-4 Violations and penalties.

[Amended 7-25-2006]

Any drug paraphernalia used in violation of this chapter shall be seized and forfeited to the Village.

If a court finds that a person who is under 17 years of age has committed a violation of this chapter, the court shall disregard § 128-4C in imposing penalties and shall, pursuant to § 938.344(2e), Wis. Stats., suspend or revoke the child's operating privilege under § 340.01(40), Wis. Stats., for not less than six months nor more than five years and, in addition, shall order one of the following penalties:

(1)

For a first violation, a forfeiture of not more than $50 plus costs.

(2)

For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100 plus costs.

(3)

For a violation committed within 12 months of two or more previous violations, a forfeiture of not more than $500 plus costs.

If a court finds that a person who is 17 years of age or older has committed a violation of this chapter, the court shall order one of the following penalties:

(1)

For a violation of § 128-3A or § 128-3C above, the person shall be subject to a forfeiture of not more than $500, together with the costs of prosecution, and in default of payment of such forfeitures and costs may be imprisoned in the county jail in the manner provided for in Ch. 800, Wis. Stats.

(2)

For a violation of § 128-3B above, the person shall be subject to a forfeiture of not more than $1,000, together with the costs of prosecution, and in default of payment of such forfeitures and costs may be imprisoned in the county jail in the manner provided for in Ch. 800, Wis. Stats.

(3)

For a violation of § 128-3D above, the person shall be subject to a forfeiture of not more than $10,000, together with the costs of prosecution, and in default of payment of such forfeitures and costs may be imprisoned in the county jail in the manner provided for in Ch. 800, Wis. Stats.