City of Franklin, WI Article VI Drugs and Drug Paraphernalia

[Adopted 8-5-1997 by Ord. No. 97-1461 as Secs. 10.12 and 10.39 of the 1997 Code]

§ 183-22 Regulation of instruments used for controlled substances.

A. Intent. The City Council has determined that the open display and availability for sale of simulated controlled substances and instruments used for inhaling or ingesting controlled substances in places of business within the City suggests and encourages the illegal use of drugs and other controlled substances by the youth of this community; that to protect the health, safety and general welfare of the youth of this community, it is necessary that the regulations herein provided be enacted.

B. Definitions. As used in this section, the following terms shall have the meanings indicated.

COCAINE SPOON

A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be merchandised on a chain and may or may not be labeled as a cocaine spoon or coke spoon.

CONTROLLED SUBSTANCE

Any drug, substance or immediate precursor enumerated in Schedules I through V of the Uniform Controlled Substances Act found in Ch. 961, Wis. Stats., and as such schedules may, from time to time, be amended.

[Amended 12-15-1998 by Ord. No. 98-1526]

DRUG PARAPHERNALIA

(1) 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., as amended from time to time. It includes, but is not limited to:

[Amended 12-15-1998 by Ord. No. 98-1526]

(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

(c) Isomerization devices used, intended for use or designed for use to increase the potency of any species of plant which is a controlled substance.

(d) Testing equipment used, intended for use or designed for use to identify or analyze the strength, effectiveness or purity of controlled substances.

(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.

(f) Diluents and adulterants, including but not limited to quinine hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.

(g) 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.

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.

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

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

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

(l) 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:

[1] Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.

[2] Water pipes.

[3] Carburetion tubes and devices.

[4] Smoking and carburetion masks.

[5] 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.

[6] Miniature cocaine spoons and cocaine vials.

[7] Chamber pipes.

[8] Carburetor pipes.

[9] Electric pipes.

[10] Air-driven pipes.

[11] Chillums.

[12] Bongs.

[13] Ice pipes or chillers.

(2) 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 City, state or federal law relating to any controlled substances.

(c) The proximity of the object, in time and space, to a direct violation of this section, or any state or federal law relating to any controlled substance.

(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 he or she knows intend to use the object to facilitate a violation of this section, or any state or federal law relating to any controlled substance; the innocence of any owner, or of anyone in control of the object, as to a direct violation in such act or law, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

(g) Instructions, oral or written, 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 objects 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.

DRUGS

(1) Substances recognized as drugs in the Official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States or Official National Formulary, or any supplementary to any of them.

(2) Substances intended for use in the diagnosis, cure, medication, treatment or prevention of disease in man or animals.

(3) Substances (other than food) intended to affect the structure of any function of the body of man or animals.

(4) Substances intended for use as a component of any article specified in Subsections, (2) and (3) above.

MANUFACTURER

See § 961.01(13), Wis. Stats.

[Amended 12-15-1998 by Ord. No. 98-1526]

MARIJUANA OR HASHISH PIPE

A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.

PATIENT

The individual for whom a drug is prescribed or for whom a drug is administered; or the owner or agent of the owner of the animal for which a drug is prescribed or to which a drug is administered; provided that the prescribing or administering referred to is in good faith and in the course of professional practice only.

PERSON

Any individual, corporation, business trust, estate, partnership or association, or any other legal entity.

PHARMACIST

See § 450.07(3), Wis. Stats.

PRACTITIONER

See § 961.01(19), Wis. Stats.

[Amended 12-15-1998 by Ord. No. 98-1526]

PRESCRIPTION

A written order (or an oral order later reduced to writing) by a practitioner for a prescription drug for a particular patient which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient and the name and quantity of the prescription drug prescribed, directions for use of the drug, and in case of a written order, the signature of the practitioner.

SIMULATED DRUGS AND SIMULATED CONTROLLED SUBSTANCES

Any products which identify themselves by using a common name and slang term associated with the controlled substance or indicate by label or accompanying promotion material that the product simulates the effect of a controlled substance or drug.[1]

[1] Editor's Note: The definition of "wholesaler" which immediately followed this definition, was repealed 12-15-1998 by Ord. No. 98-1526.

C. Prohibited activities.

(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.

(2) Manufacture, sale or delivery of drug paraphernalia. No person may sell, deliver or 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.

(3) Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.

(4) Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other 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.

(5) Exemptions. 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., as amended from time to time. This section does not prohibit the possession, manufacture or use of hypodermics in accordance with Ch. 961, Wis. Stats., as amended from time to time.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Penalties.

(1) Any drug paraphernalia used in violation of this section shall be seized by and forfeited to the City. Upon conviction of the offender, the Police Department may destroy the items.

(2) Any person who violates Subsection C(1), (2) or (4) shall be subject to the penalties set forth in Chapter 1, General Provisions, § 1-19.

(3) Any person who violates Subsection C(3) shall be subject to double the penalties set forth in Chapter 1, General Provisions, § 1-19.

§ 183-23 Marijuana; synthetic marijuana.

[Amended 12-15-1998 by Ord. No. 98-1526; 12-21-2010 by Ord. No. 2010-2034]

A. Marijuana. No person shall possess a controlled substance, marijuana, as defined in § 961.01(14), Wis. Stats., 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 as otherwise authorized by Ch. 961, Wis. Stats. Any person who violates this subsection shall be subject to the penalties as prescribed in Chapter 1, General Provisions, § 1-19, of this Code.

B. Synthetic marijuana.

(1) Possession, sale and use prohibited.

(a) No person shall possess, purchase, display for sale, attempt to sell, sell, give, deliver, distribute, barter or use any chemical derivative of marijuana, or any other substance, designed to mimic the physical, psychological, intoxicating, narcotic or other effects of marijuana.

(b) The substances subject to this section include, but are not limited to, 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," "Spike Diamond," "Route 69," "Smoke XXXX," "Citron," "fake" or "new" marijuana, or by any other name, label or description:

[1] (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-lol - some trade or other names: HU-210;

[2] 1-Pentyl-3-(1-naphthoyl) indole - some trade or other names: JWH-018\spice;

[3] 1-Butyl-3-(Inaphthoyl) indole - some trade or other names: JWH-073;

[4] 1-(3 {trifluoromethylphenyl}) piperazine - some trade or other names: TFMPP;

[5] 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol - some trade or other names: CP 47, 497;

[6] 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole - some trade or other names: JWH-200;

[7] 1-hexyl-3-(1-naphthoyl)indole - some trade or other names: JWH-019;

[8] 1-pentyl-3-(2-methoxyphenylacetyl)indole - some trade or other names: JWH-250;

[9] 1-pentyl-3-(4-chloro-l-naphthoyl)indole - some trade or other names: JWH-398;

[10] (2-methyl-l-propyl-lH-indol-3-yl)-1-naphthalenylmethanone - or some trade or other names: JWH-015;

[11] Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10-atetrahydrobenzo[c]chromen-1-ol - or some trade or other names: HU-211;

[12] or any similar structural analogs.

(c) Definitions.

[1] "Deliver" has the same meaning given in § 961.01(6), Wis. Stats., with respect to a controlled substance or controlled substance analog.

[2] "Distribute" has the same meaning given in § 961.01(9), Wis. Stats., with respect to a controlled substance or controlled substance analog.

(2) Medical and dental use allowed. Acts prohibited under Subsection B(1) shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided use is permitted under state and federal laws.

(3) Penalty. Persons violating this subsection as it prohibits possession, purchase or use shall be subject to a forfeiture of not less than $100 or more than $500. Persons violating this subsection as it prohibits display for sale, attempt to sell, sell, give, deliver, distribute or barter shall be subject to a forfeiture of not less than $500 or more than $1,000. Each violation and each day a violation continues or occurs shall constitute a separate offense. This section shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this section.

§ 183-23.1 Harmful substances.

[Added 5-16-2017 by Ord. No. 2017-2268]

A. Definition. "Harmful substance" shall mean any substance having the property of releasing toxic vapors or which is or vaporizes to produce a vapor, gas or fume which, when inhaled, produces intoxication, stupefaction, irrational behavior, paralysis or changing, distorting or disturbing of eyesight, thinking process, judgment, balance or muscular coordination.

B. Inhalation prohibited. No person shall smell gases or inhale the fumes or vapors of any harmful substance with the intent of becoming intoxicated, stupefied, irrational, or paralyzed or of changing, distorting or disturbing his or her eyesight, thinking process, judgment, balance or muscular coordination.

C. Sale or transfer. No person shall, for the purpose of violation or aiding another to violate any provisions of this section, possess, buy, sell, transfer possession or receive possession of any harmful substance.

D. Penalty. Any person violating this section shall be subject to a forfeiture of not more than $376.