[HISTORY: Adopted by the Village Board of the Village of Orfordville
at time of adoption of Code (see Ch. 1, General Provisions, Art.
II). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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:
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.
Kits used, intended for use, or designed for use in manufacturing, selling,
distributing, delivering, compounding, converting, producing, processing,
or preparing controlled substances.
Isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant which is a controlled substance.
Testing equipment used, intended for use, or designed for use in identifying
or in analyzing the strength, effectiveness, or purity of controlled substances.
Scales and balances used, intended for use, or designed for use in weighing
or measuring controlled substances.
Diluents and adulterants, such as quinine, hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed for use
in cutting controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used, intended
for use, or designed for use in compounding controlled substances.
Capsules, balloons, envelopes or other containers used, intended for
use, or designed for use in packaging small quantities of controlled substances.
Containers and other objects used, intended for use, or designed for
use in storing or concealing controlled substances.
Hypodermic syringes, needles, or other objects used, intended for use,
or designed for use in parenterally injecting controlled substances into the
human body.
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:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with
or without screens, permanent screens, hashish heads, or punctured metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, the following
shall be considered, without limitation, or 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 sole 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 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 solely 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 in violation of this
chapter.
C.
Delivery of drug paraphernalia by a minor to 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 chapter does not apply to manufacturers,
practitioners, pharmacists, owners of pharmacies and other persons whose conduct
is in accordance with Ch. 961, Wis. Stats. This chapter does not prohibit
the possession, manufacture or use of hypodermics, in accordance with Ch.
961, Wis. Stats.
The Village does hereby adopt by reference §§ 961.573,
961.574 and 961.575, Wis. Stats., relating to the possession, manufacture,
sale and delivery of drug paraphernalia.
