[HISTORY: Adopted by the Common Council of the City of Hudson by Ord. No. 22-93; amended in its entirety 8-19-2024 by Ord. No. 10-24. Amendments noted where applicable.]
It shall be unlawful for any person to possess a controlled substance contrary to the Wisconsin Uniform Controlled Substances Act.
A. 
Marijuana possession or use prohibited. No person shall possess or use marijuana, except as otherwise authorized herein or by W.S.A. Ch. 961.
(1) 
Any complaint, citation or charge under this section for possession of more than 25 grams of marijuana or for an offense committed after a prior conviction for possession of marijuana shall not be issued unless the St. Croix County District Attorney has declined to pursue charges therefor.
B. 
Synthetic marijuana possession, use and sale prohibited. No person shall use, possess, transport, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, trade or barter any one or more of the following chemicals whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana, or by any other name, label, or description:
(1) 
Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as 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;
(2) 
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo{c]chromen-1-01- some trade or other names: HU-210;
(3) 
1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018 spice;
(4) 
1-Butyl-3-(1-naphthoyl) indole-some trade or other names: JWH-073;
(5) 
1-(3 {trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP; or
(6) 
2-(3-hydroxycyclohexyl}-5(2-methyloctan-2-yl)phenol - some trade or other names: CP 47, 497;
(7) 
1-(2-(4-morpholinyl)ethyl))-3-(1-naphthoyl) indole - some trade or other names: JWH-200;
(8) 
1-hexyl-3(1-naphthoyl) indole - some trade or other names: JWH-019;
(9) 
1-pentyl-3-(2-methoxyphenylacetyl) indole - some trade or other names: JWH-250;
(10) 
1-pentyl-3(4-chloro-1-naphthoyl) indole - some trade or other names: JWH-398;
(11) 
(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methane - or some trade or other names: JWH-015;
(12) 
Dexanabinal, (6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3 (20methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzol {c} chromen-1-ol - or some trade or other names: HU-211;
(13) 
Any material, compound, mixture or preparation which contains any guaranty of any of the substances set forth in Subsection A(1) to (11) set forth in this section, including any of their salts, isomers, precursors, analogs, esters, ethers and salts of isomers, esters or ethers that are theoretically possible within the specific chemical designation, in any form contained in a plant, obtained in a plant or chemically synthesized.
(14) 
Any similar structural analogs.
C. 
Hemp-derived cannabinoid restricted. Hemp-derived cannabinoid is regulated in the City of Hudson as follows:
(1) 
Definition: Hemp-derived cannabinoid constitutes one of the many intoxicating cannabinoids found in the cannabis plant or a synthetic version thereof and includes:
(a) 
A cannabinoid other than delta-9 tetrahydrocannabinol (THC), or an isomer derived from such cannabinoid (delta-8 THC, delta-10 THC, hexahydrocannabinol (HHC), HHC-0, THCA, THC-0, THCP, THCV); or
(b) 
A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of 0.3% or less.
(c) 
In this subsection, a hemp-derived cannabinoid does not include nonintoxicating cannabinoids, including cannabidiol (CBD), which is an active ingredient in cannabis, but does not cause intoxication by itself, is not addictive, and does not contain other isomers as listed above.
(2) 
It shall be illegal for a person under the age of 21 to possess or use any amount of a hemp-derived cannabinoid including delta-8 THC, delta-10 THC, HHC, HHC-0, THCA, THC-0, THCP, or THCV except as specifically allowed by Wisconsin law.
(3) 
It shall be illegal to sell or deliver any hemp-derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-0, THCA, THC-0, THCP, or THCV to a person under the age of 21 years, except as specifically allowed by Wisconsin law.
(4) 
It shall be illegal to sell or deliver any hemp-derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-0, THCA, THC-0, THCP, or THCV to a person without having fust verified their age by having the purchaser present a valid photo identification.
(5) 
Hemp-derived cannabinoids shall not be sold within 750 feet of a hospital, church, or youth-serving organization such as, but not limited to: child-care centers, pre-schools, public or parochial schools, tribal schools, playgrounds, City parks, sporting arenas, or organizations with specific interest to serve children. The distance shall be measured by the shortest route along a designated roadway or walking path from the main entrance of the youth-serving business/organization to the premises selling hemp-derived cannabinoid products. The prohibition in this section does not apply to businesses selling hemp-derived cannabinoids prior to the effective date of this chapter.
No person may use, or possess with the primary 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 controlled substance analog in violation of Chapter 961 of the Wisconsin Statutes.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DRUG PARAPHERNALIA
All equipment, products and materials of any kind that are used, designed for use or primarily intended 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 or controlled substance analog in violation of Chapter 961 of the Wisconsin Statutes and as further specifically defined in W.S.A. § 961.571. It includes but is not limited to:
A. 
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.
B. 
Kits used, intended for use or designed for use in manufacturing, selling, distributing, delivering, compounding, converting, producing, processing or preparing controlled substances.
C. 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
D. 
Testing equipment used, intended for use or designed for use in identifying or in analyzing 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, such as quinine hydrochloride, mannitol, 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 packaging small quantities of 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 or 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) 
Roach clips, meaning 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.
MARIJUANA
All parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. "Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. "Marijuana does not include hemp, as defined in § 94.55(1), Wis. Stats.
PRACTITIONER
A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance during professional practice or research.
Any drug paraphernalia used or possessed in violation of this chapter shall be seized and forfeited to the City.
Acts otherwise prohibited under this chapter shall not be unlawful if done by or under the direction or prescription of a licensed practitioner as defined herein.
Any person violating this chapter shall be subject to a forfeiture of not less than $50 nor more than $500, exclusive of costs.