[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Secs. 9-2-7 and 9-2-11 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Tobacco products — See Ch. 271.
A.
License required.
(1)
It shall be unlawful for any person or
persons as principal, clerk, agent or servant to sell any items, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal cannabis
or drugs, as defined by the Wisconsin Statutes, without obtaining a license
therefor. Such licenses shall be in addition to any or all other licenses
held by the applicant. The annual fee for such license shall be as established
by the Village Board.
(2)
The following guidelines define, in part, the scope of the terminology in Subsection A(1) above of "items, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs":
(a)
Paper. White paper or tobacco-oriented paper not necessarily
designed for use with illegal cannabis or drugs may be displayed under this
section. Other paper of colorful design, names oriented for use with illegal
cannabis or drugs and displayed are covered by this section and are unlawful
to sell.
(b)
Roach clips. Roach clips are designed for use with illegal
cannabis or drugs and therefore covered by this section and are unlawful to
sell.
(c)
Pipes. Pipes if displayed away from the proximity of
nonwhite paper or tobacco-oriented paper and not displayed within proximity
of roach clips or literature encouraging illegal use of cannabis or illegal
drugs are not covered by this section; otherwise covered.
(d)
Paraphernalia. Paraphernalia if displayed with roach
clips or literature encouraging illegal use of cannabis or illegal drugs is
covered by this section and is illegal to sell.
B.
Application. Application to sell any item, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal cannabis
or drugs shall be accompanied by affidavits by the applicant, and each and
every employee authorized to sell such items, that such person has never been
convicted of a drug-related offense.
C.
Minors. It shall be unlawful to sell or give items as described in Subsection A in any form to any male or female minor under 18 years of age.
D.
Records. Every licensee shall keep a record of every
item, effect, paraphernalia, accessory or thing which is designed or marketed
for use with illegal cannabis or drugs which is sold. This record shall be
open to the inspection of any police officer at any time during the hours
of business. Such record shall contain the name and address of the purchaser,
the name and quantity of the product, the date and time of the sale and the
licensee or agent of the licensee. Such records shall be retained for not
less than two years.
A.
MARIJUANA
PRACTITIONER
(1)
(2)
Definitions. For the purpose of this section, the following
definitions shall apply:
All parts of the plant Cannabis Sativa L., 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. It does not include the mature stalks of the plant, 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.
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
in the course of professional practice or research in this village.
A pharmacy, hospital or other institution licensed, registered or otherwise
permitted to distribute, dispense, conduct research with respect to or administer
a controlled substance in the course of professional practice or research
in this village.
B.
It is unlawful for any person to possess and/or use marijuana,
unless the marijuana was obtained directly from or pursuant to a valid prescription
or order of a practitioner while acting in the course of his professional
practice or except as otherwise authorized by Chapter 961, Wis. Stats.
