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;
(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 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.