Village of Argyle, WI
Lafayette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 11, Ch. 5, Sec. 11-5-6, of the 2005 Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
Juveniles — See Ch. 360.
Possession of controlled substance — See § 439-13.
As used in this chapter, the following terms shall have the meanings indicated in this chapter:
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 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) 
Chillums.
(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 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 chapter. The innocence of an 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 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 chapter.
B. 
Manufacture or delivery of drug paraphernalia. No person may deliver, or possess 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 this chapter.
C. 
Delivery of drug paraphernalia by a minor to a minor. Any person who is under 18 years of age who violates Subsection B by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator is guilty of a special offense.
D. 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners 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.
Any person who violates § 255-3A, B or C shall, upon conviction, be subject to disposition under § 938.344(2e), Wis. Stats.