[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 22-93. Amendments noted where applicable.]
A.
It shall be unlawful for any person to possess a controlled
substance contrary to the Uniform Controlled Substances Act, W.S.A.
ch. 961.
[Amended 5-1-2000 by Ord. No. 9-00]
B.
Possession of marijuana. No person shall possess any
amount of marijuana tetrahydrocannabinol or any derivative thereof,
unless the substance was obtained directly from or pursuant to a valid
prescription or order of a licensed physician or pharmacist for a
valid medical purpose.
A.
Definition. In this chapter "drug paraphernalia" means
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, selling, distributing, delivering,
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 W.S.A. ch. 961, in violation
of this chapter. It includes but is not limited to:
[Amended 5-1-2000 by Ord. No. 9-00]
(1)
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.
(2)
Kits used, intended for use or designed for use in
manufacturing, selling, distributing, delivering, compounding, converting,
producing, processing or preparing controlled substances.
(3)
Isomerization devices used, intended for use or designed
for use in increasing the potency of any species of plant which is
a controlled substance.
(4)
Testing equipment used, intended for use or designed
for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
(5)
Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
(6)
Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use or
designed for use in cutting controlled substances.
(7)
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.
(8)
Blenders, bowls, containers, spoons and mixing devices
used, intended for use or designed for use in packaging small quantities
of controlled substances.
(9)
Capsules, balloons, envelopes or other containers
used, intended for use or designed for use in packaging small quantities
of controlled substances.
(10)
Containers and other objects used, intended for use
or designed for use in storing or concealing controlled substances.
(11)
Hypodermic syringes, needles or other objects used,
intended for use or designed for use in parenterally injecting controlled
substances into the human body.
(12)
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:
(a)
Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes, with or without screens, permanent screens, hashish
heads or punctured metal bowls.
(b)
Water pipes.
(c)
Carburetion tubes and devices.
(d)
Smoking and curburetion masks.
(e)
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.
(f)
Miniature cocaine spoons and cocaine vials.
(g)
Chamber pipes.
(h)
Carburetor pipes.
(i)
Electric pipes.
(j)
Air-driven pipes.
(k)
Chillums.
(l)
Bongs.
(m)
Ice pipes or chillers.
B.
Determination of drug paraphernalia. In determining
whether an object is drug paraphernalia, the following shall be considered,
without limitation of other considerations a court shall deem relevant:
(1)
Statements by an owner or by anyone in control of
the object concerning its use.
(2)
Prior convictions, if any, of an owner or of anyone
in control of the object under any village, municipal, state or federal
law relating to any controlled substances.
(3)
The proximity of the object in time and space to a
direct violation of this chapter.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substance
on the object.
(6)
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
the 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.
(7)
Oral or written instructions provided with the object
concerning its use.
(8)
Descriptive materials accompanying the object which
explain or depict its use.
(9)
National and local advertising concerning its use.
(10)
The manner in which the object is displayed for sale.
(11)
Whether the owner or anyone in control of the object
is a legitimate supplier of like or related items to the community,
such as a licensed distributor or dealer of tobacco products.
(12)
Direct or circumstantial evidence of the ratio of
sales of the object to the total sale of the business enterprise.
(13)
The existence and scope of legitimate uses for the
object in the community.
(14)
Expert testimony concerning its use.
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 in violation of this chapter. Possession of
drug paraphernalia shall give rise to a rebuttable presumption of
prohibited use.
(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, or under circumstances
where one reasonably should know, 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.
(3)
Delivery of drug paraphernalia to a minor. Any adult [W.S.A. s. 938.02(1)] who violates Subsection C(2) by delivering drug paraphernalia to a person 17 years of age or under shall be subject to the maximum penalty authorized hereunder.
[Amended 5-1-2000 by Ord. No. 9-00]
(4)
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, or under
circumstances where one reasonably should know, 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.
Exemption. This section does not apply to manufacturers,
practitioners, pharmacists, owners of pharmacies and other persons
whose conduct is in accordance with that permitted under the provisions
of W.S.A. ch. 961. This section does not prohibit the possession,
manufacture or use of hypodermics in accordance with that permitted
under W.S.A. ch. 961.
[Amended 5-1-2000 by Ord. No. 9-00]
[Added 3-12-2012 by Ord. No. 7-12[1]]
A.
Possession and sale are illegal. It shall be illegal for any person
to possess, purchase, attempt to purchase, sell, publicly display
for sale or attempt to sell, give 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)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-(2methyloctan-2- yl)-6a,
7, 10, 10a-tetrahydobenzo{c}chromen-1-01 - 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-(1-naphthoyl) indole - some trade or other names: JWH-
073;
(4)
1-(3{trifluoromethylphenyl}) piperazine - some other 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-1-naphthoyl) indole - some trade or other names:
JWH-398;
(10)
(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methane - or
some trade or other names: JWH-015;
(11)
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;
(12)
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.
B.
Medical or dental use allowed. Acts otherwise prohibited under Subsection A 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 that such use is permitted under state and federal laws.
