[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.
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.
[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)]
