[HISTORY: Adopted by the Common Council of the City of Arcadia 3-18-2014 by Ord. No.
220. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Marijuana and Drug Paraphernalia
Ordinance" of the City of Arcadia and will be referred to in this
chapter as "this chapter."
B.
Authority. This chapter is adopted pursuant to the authority granted
by §§ 66.0113 and 66.0107(1)(bm), (bn) and (bp), Wis.
Stats.
C.
Purpose. The purposes of this chapter are to provide the Arcadia
Police Department with the option to issue a municipal citation, rather
than a criminal charge, for offenses relating to the possession of
marijuana, synthetic cannabinoids or drug paraphernalia, including
the prosecution thereof in the City of Arcadia Municipal Court.
D.
Scope. This chapter shall apply within the City of Arcadia.
As hereinafter and hereinbefore used in this chapter, the following
terms shall have the meanings indicated:
As defined in § 961.571(1), Wis. Stats., as amended
from time to time.
As defined in § 961.01(14), Wis. Stats., as amended
from time to time.
As defined in § 961.14(4)(tb), Wis. Stats., as
amended from time to time.
Sections 961.573(1), 961.574(1), 961.575(1), 961.14(4)(t) and
961.41(3g)(e) and (em), Wis. Stats., are hereby adopted, along with
any future amendments, revisions or modifications thereof.
Pursuant to the provisions of § 66.0107(1)(bm), Wis.
Stats., as amended from time to time, the possession of 25 grams or
less of marijuana, subject to the exceptions in the introduction of
§ 961.41(3g), Wis. Stats., is prohibited and shall be punishable
as a violation of this chapter, except that any person charged with
possession of more than 25 grams of marijuana, or who was previously
convicted of or is currently charged with possession of any amount
of marijuana in the State of Wisconsin, shall not be cited under this
section.
A.
Pursuant to the provisions of § 66.0107(1)(bn), Wis. Stats.,
as amended from time to time, the possession of synthetic cannabinoids
is prohibited and shall be punishable as a violation of this chapter,
except that that any person who is charged with possession of a synthetic
cannabinoid following a conviction for possession of a controlled
substance in the State of Wisconsin shall not be prosecuted under
this section.
B.
Medical or dental use allowed. Acts otherwise prohibited under this
section shall not be unlawful if done by or under the direction or
prescription of a licensed physician, dentist, or other medical health
professional authorized to direct or prescribe such acts, provided
that such use is permitted under state and federal laws.
Pursuant to the provisions of § 66.0107(1)(bp), Wis.
Stats., as amended from time to time, a violation of § 961.573(1),
961.574(1) or 961.575(1), Wis. Stats., as amended from time to time,
shall be punishable as a violation of this chapter.
Whoever violates this chapter shall be made to forfeit not less
than $100 and not more than $500, exclusive of costs, and in default
of payment thereof may be incarcerated in the Trempealeau County Jail
for not more than 30 days or until the forfeiture is paid.
Pursuant to the provisions of § 66.0114(1)(b), Wis.
Stats., whoever violates this chapter or any state statute adopted
under this chapter on or within a school bus, or within 500 feet of
any private or public school, church, park or playground, shall have
the forfeiture prescribed by this chapter doubled.
