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Municipal Code

Chapter 10. Public Peace and Good Order

Sec. 10-39. Possession and use of marijuana, synthetic marijuana and drug paraphernalia

(1) Marijuana Possession Or Use Prohibited.   No person shall possess or use marijuana, except as otherwise authorized herein or by Chapter 961 Wis. Stats.

(2) Synthetic Marijuana Possession, Use and Sale Prohibited.  No person shall use, possess, transport, purchase, attempt to purchase, sell, publically display for sale or attempt to sell, give, trade or barter any one or more of the following chemicals whether under the common street or trade names of "Spice", "K2", "Genie", "Yucatan Fire", "fake" or "new" marijuana, or by any other name, label, or description:

(a) Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof; any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts; 

(b) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol some trade or other names: HU-210;

(c) 1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018\spice;

(d) 1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073;

(e) 1-(3{trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP; or

(f)  any similar structural analogs.

(3) Drug Paraphernalia Possession Or Use Prohibited. 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 Chapter 961 of the Wisconsin Statutes.

(4) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

  Drug paraphernalia means all equipment, products and materials of any kind that are used, designed for use or primarily intended 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 in violation of Chapter 961 of the Wisconsin Statutes and as further specifically defined in section 961.571, Wis. Stats.

Marijuana means all parts of the plant cannabis sativa L., whether growing or not, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds and resins, and shall further include tetrahydrocannabinols, commonly known as "THC", in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana or chemically synthesized or a derivative thereof.

Practitioner means a physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research.

(5) Exception.  Acts otherwise prohibited under this section shall not be unlawful if done by or under the direction or prescription of a licensed practitioner as defined herein.

(6) Penalty.  Any person violating this ordinance shall be subject to a forfeiture of not less than $100.00 nor more than $500.00, exclusive of costs. 

(Code 1982, 9.23; Ord. No. 1195, 2, 12-21-2010)