As used in this article, the following terms
shall have the meanings indicated:
DRUG PARAPHERNALIA
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 Ch. 961, Wis. Stats., in
violation of this article. 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 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, 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)
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.
In determining whether an object is drug paraphernalia,
the following shall be considered, without limitation, or such other
considerations a court may deem relevant:
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 substance.
C. The proximity of the object in time and space to a
direct violation of this article.
D. The proximity of the object to controlled substances.
E. The existence of any residue of controlled substance
on the object.
F. Direct or circumstantial evidence of the intent of
the 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 article. The innocence
of an owner, or of anyone in control of this object, as to a direct
violation of this article shall not prevent a finding that the object
is intended for use, or designed for use, as drug paraphernalia.
G. Oral or written instructions 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 object to the total sale of the business enterprise.
L. The existence and scope of legitimate uses for the
object in the community.
M. Expert testimony concerning its use.
The Village does hereby adopt by reference §§ 961.573,
961.574 and 961.575, Wis. Stats., relating to the possession, manufacture,
sale and delivery of drug paraphernalia.
Any person who violates §
149-7A,
B or
C shall, upon conviction, be subject to disposition under § 938.344(2e), Wis. Stats.