[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000
by Ord. No. 2124 as Secs. 9.26, 9.29 and 9.35 of the Municipal
Code; amended in its entirety 6-19-2001 by Ord.
No. 2142. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and tobacco products — See Ch. 93.
[Amended 4-10-2007 by Ord. No. 2346]
No person may possess or attempt to possess a controlled substance or
a controlled substance analog, as those terms are defined in § 961.01,
Wis. Stats., unless the person obtains the substance or the analog directly
from, or pursuant to, a valid prescription or order of a practitioner who
is acting in the course of his/her professional practice, or unless the person
is otherwise authorized by Chapter 961, Wis. Stats., to possess the substance
or the analog.
A.
Definition. In this section, "drug paraphernalia" means
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, 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 or controlled substance analog, as defined
in Ch. 961, Wis. Stats., in violation of this section. It includes but is
not limited to:
(1)
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 or controlled
substance analog can be derived.
(2)
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled substances
or controlled substance analogs.
(3)
Isomerization devices used, intended for use, or designed
for use in increasing the potency of any species of plant which is a controlled
substance.
(4)
Testing equipment used, intended for use, or designed
for use in identifying or in analyzing the strength, effectiveness, or purity
of controlled substances or controlled substance analogs.
(5)
Scales and balances used, intended for use, or designed
for use in weighing or measuring controlled substances or controlled substance
analogs.
(6)
Diluents and adulterants, such as quinine, hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances or controlled substance analogs.
(7)
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.
(8)
Blenders, bowls, containers, spoons and mixing devices
used, intended for use, or designed for use in compounding controlled substances
or controlled substance analogs.
(9)
Capsules, balloons, envelopes or other containers used,
intended for use, or designed for use in packaging small quantities of controlled
substances or controlled substance analogs.
(10)
Containers and other objects used, intended for use,
or designed for use in storing or concealing controlled substances or controlled
substance analogs.
(11)
Hypodermic syringes, needles, or other objects used,
intended for use, or designed for use in parenterally injecting controlled
substances or controlled substance analogs into the human body.
(12)
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:
(a)
Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
(b)
Water pipes;
(c)
Carburetion tubes and devices;
(d)
Smoking and carburetion masks;
(e)
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;
(f)
Miniature cocaine spoons and cocaine vials;
(g)
Chamber pipes;
(h)
Carburetor pipes;
(i)
Electric pipes;
(j)
Air-driven pipes;
(k)
Chillums;
(l)
Bongs;
(m)
Ice pipes or chillers.
B.
Determination of drug paraphernalia. In determining whether
an object is drug paraphernalia, the following shall be considered, without
limitation of such other considerations a court may deem relevant:
(1)
Statements by an owner or by anyone in control of the
object concerning its use.
(2)
The proximity of the object in time and space to a direct
violation of this section.
(3)
The proximity of the object to controlled substances
or controlled substance analogs.
(4)
The existence of any residue of controlled substance
or controlled substance analog on the object.
(5)
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 section. The innocence of an owner, or of anyone in control
of this object, as to a direct violation of this section shall not prevent
a finding that the object is intended for use, or designed for use, as drug
paraphernalia.
(6)
Oral or written instructions provided with the object
concerning its use.
(7)
Descriptive materials accompanying the object which explain
or depict its use.
(8)
National and local advertising concerning its use.
(9)
The manner in which the object is displayed for sale.
(10)
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.
(11)
The existence and scope of legitimate uses for the object
in the community.
(12)
Expert testimony concerning its use.
C.
Prohibited activities.
[Amended 4-25-2006 by Ord. No. 2310]
(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 section.
(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 this section.
(3)
Delivery of drug paraphernalia by a minor to a minor. No person may violate Subsection C(2) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator.
(4)
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.
