[HISTORY: Adopted by the Village Board of the Village of Elm Grove 8-9-1993.
Amendments noted where applicable.]
[Amended 12-11-2000]
As used in this chapter, the following terms shall have the meanings
indicated:
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:
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.
Kits used, intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances.
Isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant which is a controlled substance.
Testing equipment used, intended for use or designed for use in identifying
or in analyzing the strength, effectiveness or purity of controlled substances.
Scales and balances used, intended for use or designed for use in weighing
or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use or designed for use in cutting
controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used, intended
for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes or other containers used, intended for
use or designed for use in packaging small quantities of controlled substances.
Containers and other objects used, intended for use or designed for
use in storing or concealing controlled substances.
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:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with
or without screens, permanent screens, hashish heads or punctured metal bowls.
Water pipes.
Carburation tubes and devices.
Smoking and carburation masks.
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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburator pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, the following
shall be considered:
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 municipal, state or federal law, regulation
or ordinance 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 substances
on the object.
F.
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.
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 sales of the business enterprise.
L.
The existence and scope of legitimate uses for the object
in the community.
M.
Expert testimony concerning its use.
[Amended 7-25-2006]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[Amended 7-25-2006]
A.
Any drug paraphernalia used in violation of this chapter
shall be seized and forfeited to the Village.
B.
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.
C.
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:
