§ 9.04.210. Prohibitions on possession of certain controlled substances, drug paraphernalia, and other harmful substances.

A.

Possession of Marijuana. Pursuant to the provisions of Section 66.0107(1)(bm), Wis. Stats., or as amended from time to time, no person may possess twenty-five (25) grams or less of marijuana, as defined in Section 961.01(14), Wis. Stats., or as subsequently amended, subject to the exceptions in Section 961.41(3g)(intro.), [Wis. Stats.], as subsequently amended, except that any person who is charged with possession of more than twenty-five (25) grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this section.

B.

Possession of Controlled Substances. Pursuant to the provisions of Section 66.0107(1)(bn), Wis. Stats., or as amended from time to time, no person may possess a controlled substance specified in Section 961.14(4)(tb) to (ty), Wis. Stats., or as subsequently amended, except that any person who is charged with possession of a controlled substance specified in Section 961.14(4)(tb) to (ty), Wis. Stats., following a conviction for possession of a controlled substance in this state shall not be prosecuted under this section.

C.

Definitions and Determinations Regarding Drug Paraphernalia. Sections 961.571 and 961.572, Wis. Stats., as amended from time to time, is adopted by reference and made part of this section as though set forth in full.

D.

Possession of Drug Paraphernalia. Section 961.573(1) and (2), Wis. Stats., as amended from time to time, is adopted by reference and made part of this section as though set forth in full.

E.

Manufacture or Delivery of Drug Paraphernalia. Section 961.574(1) and (2), Wis. Stats., as amended from time to time, is adopted by reference and made part of this section as though set forth in full.

F.

Delivery of Drug Paraphernalia to a Minor. Section 961.575(1) and (2), Wis. Stats., as amended from time to time, is adopted by reference and made part of this section as though set forth in full.

G.

Possession, Distribution or Delivery of Nitrous Oxide. Section 941.315, Wis. Stats., as amended from time to time, exclusive of any penalty imposed thereby is adopted by reference and made part of this section as though set forth in full.

H.

Abuse of Hazardous Substance. Section 941.316, Wis. Stats., as amended from time to time, exclusive of any penalty imposed thereby is adopted by reference and made part of this section as though set forth in full.

I.

Salvia Divinorum. Section 941.318, Wis. Stats., as amended from time to time, exclusive of any penalty imposed thereby is adopted by reference and made part of this section as though set forth in full.

J.

Any person convicted of violating this section shall be subject to a forfeiture of not less than one hundred dollars ($100.00) and not more than seven hundred fifty dollars ($750.00), together with costs of prosecution and assessments as authorized or required by state statutes. Any person who fails to pay such forfeiture and costs may be imprisoned in the county jail until the forfeiture and costs are paid not exceeding ninety (90) days, or shall have his or her driver's license suspended until paid, but not beyond five years.

K.

This ordinance shall in no way be deemed to supplant or otherwise invalidate any provision of state statutes relating to the subject matter hereof. Any person entrusted with the enforcement of this section may, in the exercise of his or her discretion, proceed under applicable state statutes.

(Ord. 222, 1997: prior code § 9-2-21; Ord. No. 220-2013, 3-20-2014)

Editor's note

Ord. No. 220-2013, adopted March 20, 2014, changed the title of § 9.04.210 from "Prohibitions on possession of certain controlled substances" to "Prohibitions on possession of certain controlled substances, drug paraphernalia, and other harmful substances."