[HISTORY: Adopted by the Town Board of the Town of Genesee
at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Amendments noted where applicable.]
As used in this chapter, the term "drug paraphernalia" shall
be defined as provided in § 961.571, Wis. Stats.
In determining whether an object is drug paraphernalia, the
following shall be considered:
A.
Statements by an owner or by anyone in control of the object concerning
its use.
B.
The proximity of the object, in time and space, to a direct violation
of this chapter or Ch. 961, Wis. Stats.
C.
The proximity of the object to controlled substances or controlled
substance analogs.
D.
The existence of any residue of controlled substances or controlled
substance analogs on the object.
E.
Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons whom he
or she knows intend to use the object to facilitate a violation of
this chapter or Ch. 961, Wis. Stats.; the innocence of an owner, or
of anyone in control of the object, as to a direct violation of this
chapter or Ch. 961, Wis. Stats., shall not prevent a finding that
the object is designed for use or primarily intended for use as drug
paraphernalia.
F.
Instructions, oral or written, provided with the object concerning
its use
G.
Descriptive materials accompanying the object that explain or depict
its use.
H.
Local advertising concerning its use.
I.
The manner in which the object is displayed for sale.
J.
Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products.
K.
The existence and scope of legitimate uses for the object in the
community.
L.
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 or Ch. 961, Wis. Stats.
B.
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 this chapter or Ch. 961, Wis. Stats.
C.
Delivery of drug paraphernalia to a minor. Any person 17 years of age or over who violates Subsection B by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator is guilty of a special offense.
D.
Advertisement of drug paraphernalia. No person may place in any newspaper,
magazine, handbill or other publication any advertisement, knowing
that the purpose of the advertisement, in whole or in part, is to
promote the sale of objects designed for use or primarily intended
for use as drug paraphernalia in violation of this chapter or Ch.
961, Wis. Stats.
E.
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.
