It shall be unlawful for any person to possess a controlled
substance contrary to the Wisconsin Uniform Controlled Substances
Act.
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.
(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.
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.