[Amended 11-11-2014 by Ord. No. 2014-08]
No person shall carry, possess, or use 25 grams or less of marijuana
as defined by § 961.01(14), Wis. Stats., unless such substance
was obtained directly from, or pursuant to a valid prescription or
order of, a practitioner as defined by § 961.01(19), Wis.
Stats., while acting in the course of his professional practice, or
except as otherwise authorized by Ch. 961, Wis. Stats.
[Added by Ord. No. 480]
A.
Purpose. To prevent:
(1)
The display and availability for sale of certain instruments hereinafter
enumerated and simulated drugs and simulated controlled substances
hereinafter defined, for they contribute to the usage of drugs and
controlled substances by the youth of the community by creating an
atmosphere of apparent condonation by the community.
(2)
The promotion and sale of products containing substances which may
be harmless and inert in themselves but which are packaged or designed
to simulate controlled substances or drugs and are harmful in that
they promote and encourage entry into the drug culture and foster
respectability for the use and abuse.
B.
ADMINISTER
AGENT
BUREAU
CLOSE PROXIMITY
CONTROLLED SUBSTANCE
COUNTERFEIT SUBSTANCE
DANGEROUS DRUG
DELIVER or DELIVERY
DISPENSE
DISPENSER
DISTRIBUTE
DISTRIBUTOR
DRUG
(1)
(2)
(3)
(4)
IMMEDIATE PRECURSOR
INSTRUMENT
MANUFACTURE
(1)
(2)
MARIJUANA
MINOR
NARCOTIC DRUG
(1)
(2)
(3)
OPIATE
OPIUM POPPY
PATIENT
(1)
(2)
PERSON
PLACE OF DISPLAY
POPPY STRAW
PRACTITIONER
(1)
(2)
PREMISES
PREMISES OPEN TO MINORS
PRESCRIPTION
PRODUCTION
SCHOOL
SIMULATED DRUGS and SIMULATED CONTROLLED SUBSTANCES
SOMNIFACIENT and STIMULATING
ULTIMATE USER
WAREHOUSEMAN
WHOLESALER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The direct application of a controlled substance, whether
by injection, inhalation, ingestion or any other means, to the body
of a patient or research subject by:
An authorized person who acts on behalf of or at the direction
of a manufacturer, distributor or dispenser. It does not include a
common or contract carrier, public warehouseman or employee of the
carrier or warehouseman.
The Bureau of Narcotics and Dangerous Drugs, U.S. Department
of Justice, or its successor agency.
Within 500 feet on a straight line commencing at the property
lines nearest to each other.
A drug, substance or immediate precursor in Schedules I to
V of Subchapter II of Wisconsin Statutes Chapter 961.
A controlled substance which, or the container or labeling
of which, without authorization, bears the trademark, trade name or
other identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other than the
person who in fact manufactured, distributed or dispensed the substance.
One that is unsafe for use except under the supervision of
a practitioner because of its toxicity or other potentiality for human
effect, method of use, or collateral measures necessary to use; "dangerous
drug" shall include all other drugs or compounds, preparations or
mixtures thereof which the State Department of Health Services shall
find and declare by rule or regulation duly promulgated after reasonable
public notice and opportunity for hearing to have a dangerous hallucinogenic,
hypnotic, somnifacient or stimulating effect of the body of a human
or animal. For the purposes of this definition, the phrase "intended
for use" shall refer to the intent of the person selling, offering
to sell, dispensing, giving away or displaying the instrument herein
defined.
The actual, constructive or attempted transfer from one person
to another of a controlled substance, whether or not there is any
agency relationship.
To deliver a controlled substance to an ultimate user or
research subject by or pursuant to the lawful order of a practitioner,
including the prescribing, administering, packaging, labeling or compounding
necessary to prepare the substance for that delivery.
A practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
A person who distributes.
Substances recognized as drugs in the Official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States
or Official National Formulary or any supplement to any of them;
Substances intended for use in diagnosis, cure, mitigation,
treatment or prevention of disease in man or animals;
Substances, other than food, intended to affect the structure
or any function of the body of man or animals; and
A substance which the Controlled Substance Board has found
to be and by rule designates as being the principal compound commonly
used or produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail or
limit manufacture.
A device designated for use or intended for use in ingesting,
smoking, administering or preparing marijuana, cocaine, phencycledine,
opium, or any derivative thereof, or any other controlled substance.
The production, preparation, propagation, compounding, conversion
or processing of a controlled substance, either directly or indirectly,
by extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging of the substance
or labeling or relabeling of its container, except that this term
does not include the preparation or compounding of a controlled substance
by an individual for his own use or the preparation, compounding,
packaging or labeling of a controlled substance:
By a practitioner as an incident to his administering or dispensing
of a controlled substance in the course of his professional practice;
or
By a practitioner, or by his authorized agent under his supervision,
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale.
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.
Any person who has not attained 18 years of age.
Any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis:
Opium and opiate, and any salt, compound, derivative or preparation
of opium or opiate.
Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in Subsection (1) of this definition, but not including the isoquinoline alkaloids of opium.
Opium poppy and poppy straw.
Any substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into
a drug having addiction-forming or addiction-sustaining liability.
It does not include, unless specifically designated as controlled
under § 961.11, Wis. Stats., the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms.
The plant of the species Papaver Somniferum L., except its
seeds.
As the case may be:
The individual for whom a drug is prescribed or to whom a drug
is administered; or
The owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered; provided that the prescribing or administering referred to in Subsection (1) and this subsection is in good faith and in the course of professional practice only.
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership or association
or any other legal entity.
Any museum, library, school or other similar public place
upon which business is not transacted for a profit.
All parts, except the seeds, of the opium poppy, after mowing.
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
state.
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 state.
A business establishment and the structure of which it is
a part and facilities and appurtenances therein and grounds, areas
and facilities held out for the use of patrons.
Any business establishment which sells its wares or merchandise
to minors or which permits minors to enter into its place of business.
A written order, and in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his professional
practice to a pharmacist for a drug for a particular patient, which
specifies the date of its issue, the name and address of the patient
(and, if such drug is prescribed for an animal, the species of the
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of such practitioner.
Includes the manufacture, planting, cultivation, growing,
or harvesting of a controlled substance.
Any public or private elementary, junior high, or high school.
Any products which identify themselves by using a common
name or slang term associated with a controlled substance or indicate
by label or accompanying promotional material that the product simulates
the effect of a controlled substance or drug.
The meaning attributable in standard medical lexicons.
A person who lawfully possesses a controlled substance for
his own use or for the use of a member of his household or for administering
to an animal owned by him or by a member of his household.
A person who, in the usual course of business, stores drugs
for others lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
A person engaged in the business of distributing drugs to
persons included in any of the classes named above.
C.
In determining whether an item constitutes an "instrument," a court
may consider the following:
(1)
Whether a person or business establishment charged with violating
this section is a licensed distributor or dealer of tobacco products.
(2)
Expert testimony as to the principal use of the devices, articles,
or contrivances claimed to be instruments.
(3)
Evidence concerning the total business of a person or business establishment
and the type of devices, articles, contrivances, or items involved
in the business.
(4)
National and local advertising concerning the use of the devices,
articles, or contrivances claimed to be instruments.
(5)
Evidence of advertising concerning the nature of the business establishment.
D.
Control of instruments used for inhaling or ingestion of controlled
substances or drugs and control of simulated controlled substances.
(1)
Sale and display prohibited. It shall be unlawful for any person,
firm or corporation to sell, offer to sell, dispense, give away or
display any instrument or simulated controlled substance or simulated
drug in or upon any premises which are premises open to minors, unless
the instruments, simulated controlled substances or simulated drugs
are kept in such part of the premises that is not open to view by
minors or to which minors do not have access, or are in close proximity
to a school; provided, however, that display of any such items at
a place of display for educational and scientific purposes shall not
be unlawful.
C.
Prohibited activities.
(1)
Possession of drug paraphernalia. No person may use, or possess with
the primary 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 or controlled substance analog in violation
of this subsection.[3]
(2)
Manufacture or delivery of drug paraphernalia. No person may deliver,
possess with intent to deliver, or manufacture with intent to deliver,
drug paraphernalia knowing that it will be primarily 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 or controlled substance analog in violation
of the subsection.[4]
(3)
Delivery of drug paraphernalia by a minor to a minor. Any person who is under 17 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person under 17 years of age who is at least three years younger than the violator is guilty of a special offense, and citations for such an offense may require a mandatory appearance in Municipal Court.
D.
Exemption.
This section does not apply to drug manufacturers, medical practitioners,
pharmacists, owner of pharmacies and other persons whose conduct is
in accordance with Ch. 961, Wis. Stats. This section does not prohibit
the possession, manufacture or use of hypodermics, in accordance with
Ch. 961, Wis. Stats.
E.
Penalties. Any person who is under 17 years of age who violates Subsection C(1), (2) or (3) shall, upon conviction, be subject to disposition under § 938.344, Wis. Stats. All other persons who violate Subsection C(1), (2) or (3) shall, upon conviction, be subject to the penalties described in § 1-4 of this Code.
[Added 2-14-2012 by Ord. No. 2012-01]
A.
Prohibition.
It shall be unlawful for any person to possess any one or more of
the controlled substances referenced in § 66.0107(1)(bn),
Wis. Stats., including such amendments, recodification, and renumbering
as may be made to such statute from time to time in the future. Notwithstanding
the foregoing, the statutory limitations against local enforcement
regarding repeat offenders shall apply, as described in said statute.
B.
Penalties.
(1)
Any
chemical used in violation of this section shall be seized and forfeited
to the Village.
(2)
Any person who violates Subsection A shall, upon conviction, be subject to a penalty as described in § 1-4 of this Code, provided further that the forfeiture shall be not less than $100, and the penalties may also include such other sanctions as provided in § 961.41(3g)(em), Wis. Stats., excluding imprisonment. The Code and statute references herein shall include such amendments, recodification and renumbering as may be made from time to time in the future.
[Added 3-12-2013 by Ord. No. 2013-02]
A.
Public
nuisance declaration. Violations of Chapter 961 of the Wisconsin Statutes
constitute public nuisances under Chapter 823, Wisconsin Statutes,
irrespective of any criminal prosecutions which may be or are commenced
based on the same acts. This declaration is intended to reference
the public nuisance declaration made in § 961.53, Wis. Stats.,
including such amendments or renumbering as may be made thereto from
time to time.