[HISTORY: Adopted by the Town Board of the Town of Trenton 10-16-2007
by Ord. No. 2007-10-1. Amendments noted where applicable.]
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 Wis. Stats. Ch. 961, in violation
of this chapter. 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;
(2)
Water pipes;
(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;
(7)
Chamber pipes;
(8)
Carburetor pipes;
(9)
Electric pipes;
(10)
Air-driven pipes;
(11)
Chilliums;
(12)
Bongs;
(13)
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, the following
shall be considered, without limitation of 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 chapter;
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 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 this 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;
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.
A.
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.
B.
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
in violation of this chapter.
C.
Delivery of drug paraphernalia to a minor. Any person 18 years of age or over, who violates Subsection B of this section by delivering drug paraphernalia to a person under 18 years of age, is guilty of a special offense.
D.
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 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.
E.
Exemption. This section does not apply to manufacturers, practitioners,
pharmacists, owners of pharmacies and other persons whose conduct is in accordance
with Wis. Stats. Ch. 961. This section does not prohibit the possession, manufacture,
or use of hypodermics, in accordance with Wis. Stats. Ch. 161.
A.
Any drug paraphernalia used or possessed in violation of this
chapter shall be seized and forfeited to the Town in accordance with the provisions
of the Trenton Code of Ordinances as to property forfeiture.
B.
Any person who violates § 195-3A, B, or D of this chapter shall, upon conviction, be subject to a forfeiture of not less than $200 nor more than $500, together with costs of prosecution, and, upon default of payment, be imprisoned in the county jail or house of correction until the total forfeiture and costs are paid, but not to exceed 30 days.
C.
Any person who violates § 195-3C of this chapter shall, upon conviction, be subject to a forfeiture of not less than $500 nor more than $1,000, together with costs of prosecution, and, upon default of payment, be imprisoned in the county jail or house of correction until the total forfeiture and costs are paid, but not to exceed 60 days.
