Wisconsin County Ordinances

Adams Co
N/A
Ashland Co
N/A
Barron Co

Sec. 38-2. - Offenses against state law subject to forfeiture.
(8) Controlled substances.
Wis. Stats. § 961.41 Possession of marijuana (25 gms or less, first violation).
Wis. Stats. § 961.573 Possession of drug paraphernalia.
Wis. Stats. § 961.574 Manufacture or delivery of drug paraphernalia.
Wis. Stats. § 961.575 Delivery of drug paraphernalia.

Bayfield Co

Sec. 11-1-1
Offenses Against State Laws Subject to Forfeiture.
961.61
Uniform Controlled Substances Act

Brown Co

31.19 POSSESSION OF MARIJUANA PROHIBITED.

  1. Possession Prohibited.
    The possession of 25 grams or less of marijuana is hereby prohibited.
  2. Definitions.
    "Marijuana" shall have, for purposes of this section, the same
    meaning and definition as set forth in the provisions of Sec. 161.01 (14), Stats., with the
    exception set forth in Sec. 161.41(3r), Stats.
  3. Application.
    This ordinance does not apply in any city or village within Brown
    County which has adopted an ordinance prohibiting the possession of marijuana.
  4. Penalty.
    Any person violating this section shall be subject to a forfeiture in the
    amount of not less than $50.00, nor more than $1000.00.
  5. Defenses.Authorization of possession of marijuana under Sec. 161.32, Stats., or
    Sec. 161.335, Stats., shall be a defense to any offense alleged hereunder.

Buffalo Co
N/A
Burnett Co
N/A
Calumet Co

Sec. 42-2. Offenses Against State Law Subject to Forfeiture.
(a)
The following state statutes are adopted and incorporated as if fully set forth in this
section by reference, as amended from time to time.
(8)
Controlled substances.
Wis. Stats. §941.315
Wis. Stats. §961.41
Wis. Stats. §961.573
Wis. Stats. §961.574
Wis. Stats. §961.575
Possession with intent to inhale/nitrous oxide
Possession of marijuana (25 gms or less, first violation)
Possession of drug paraphernalia
Manufacture or delivery of drug paraphernalia
Delivery of drug paraphernalia
(b)
For purposes of charging and prosecution of any forfeiture action under this section, the
county hereby adopts Wis. Stats. §939.05, party to a crime, and Wis. Stats. §939.32, attempt.

Chippewa Co
N/A
Clark Co

Sec. 26-307. - Violation of Uniform controlled substances act; possession or distribution prohibited.
It shall be a violation of this article for any person to possess, use or dispense any controlled substance in violation of the Uniform Controlled Substance Act, Wis. Stats. § 961.011 et seq.
Sec. 26-333. - Definitions.
The following words terms and phrases, when used in this division, 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 or 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 this chapter.
(1)
The term "drug paraphernalia" includes, but is not limited to, any of the following:

  • Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived.
  • Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.
  • Isomerization devices used, designed for use or primarily intended for use in increasing the potency of any species of plant that is a controlled substance.
  • Testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs.
  • Scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances or controlled substance analogs.
  • Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs
  • Separation gins and sifters used, designed for use or primarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
  • Blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs.
  • Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs.
  • Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs.
  • Objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
    1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
    2. Water pipes.
    3. Carburetion tubes and devices.
    4. Smoking and carburetion masks.
    5. Roach clips: meaning 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.
    6. Miniature cocaine spoons and cocaine vials.
    7. Chamber pipes.
    8. Carburetor pipes.
    9. Electric pipes.
    10. Air-driven pipes.
    11. Chilams.
    12. Bongs.
    13. Ice pipes or chillers.
(2)
The term "drug paraphernalia" excludes:
  • Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.
  • Any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products. As used in this subsection, "primarily" means chiefly or mainly.
(Compiled Ords. of 2009, § 9.50.010)
State law reference— Similar definitions, Wis. Stats. § 961.571.
Sec. 26-334. - Acts prohibited; penalty.
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 chapter. Any person who violates this article may forfeit not more than $500.00.

Columbia Co

Sec. 22-1-1
Offenses Against State Laws Subject to Forfeiture
Penalties; Parties to Acts
Offenses Against State Laws Subject to Forfeiture.
The following statutes defining offenses against the peace and good order of the State are
adopted by reference to define offenses against the peace and good order of Columbia
County provided the penalty for commission of such offenses hereunder shall be limited to
a forfeiture imposed under the general penalty provisions of this Code of Ordinances. Any
future amendments, revisions or modifications of the Statutes incorporated herein by
reference are intended to be made part of this Code.

(dc) 961.14 (4)(t) & 961.41 (3g)(e) Possession of Marijuana
(dd) 961.573 Possession of Drug Paraphernalia
(de) 961.574 Manufacture or Delivery of Drug Paraphernalia
(df) 961.575 Delivery of Drug Paraphernalia to a Minor

Crawford Co
N/A
Dane Co
N/A
Dodge Co

9.01 - OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE. (Am. #560; #629) The statutes enumerated below and following the prefix "9" defining offenses against the peace and good order of the State are adopted by reference and made a part of this chapter as if fully set forth in this section, to define offenses against the peace and good order of the County. However, the penalty for commission of such offenses shall be limited to a forfeiture imposed under § 30.04 of this Code of Ordinances.
9.961.41(3g) Possess or attempt to possess marijuana (25 grams or less)
9.961.573(1) Possession of drug paraphernalia
9.961.573(2) Possession of drug paraphernalia by a person under 17 years of age
9.961.574(2) Manufacture or delivery of drug paraphernalia
9.961.575(2) Delivery of drug paraphernalia to a minor
5.07 (2) (c) Disposal of Cash.
1. Personal property consisting of cash which has been abandoned, or which remains unclaimed for a period of 90 days after the property is not needed for evidence, or if all proceedings in which the property might be required as evidence have been completed or expired, shall be turned over to the County Treasurer and credited to the General County Revenue account. The County shall attempt to return to the rightful owner such items of personal property consisting of cash which have a substantial value, if the owner can be reasonably determined.
2. Notwithstanding subsection 1., above, abandoned or unclaimed personal property consisting of cash which has been seized as part of a controlled substance, controlled substance analog or marijuana arrest or investigation shall be placed in a Sheriff's Department account for use solely for law enforcement activities by the Sheriff's Department or, at the discretion of the Sheriff, by the multi-jurisdictional drug task force. Any funds received as a result of this subsection shall not be used in any manner to reduce the budget appropriation for the Sheriff's Department in any year. For the purposes of this paragraph "controlled substance," "controlled substance analog," and "marijuana" shall have the meanings defined in § 961.01, Wis. Stats., as amended.
30.04 - PENALTY PROVISIONS.
(4) CITATION. Violations of nontraffic ordinances of the County shall be enforced by the issuance of a municipal citation.
(b) Schedule of Deposits. (Am. #560; #629) The following schedule of cash deposits required for the various ordinance violations including ordinances with a statutory counterpart is hereby established for use with citations issued under this section.
9.961.41(3g) Possess or attempt to possess marijuana 100.00 24.00 10.00 54.00 25.00 213.00
9.961.573(1) Possession of drug paraphernalia 100.00 24.00 10.00 54.00 25.00 213.00
9.961.573(2) Possession of drug paraphernalia—under 17 yrs.:
1st violation 25.00 6.00 10.00 54.00 25.00 120.00
2nd violation w/in 1 yr. 50.00 12.00 10.00 54.00 25.00 151.00
3rd and subsequent violations 100.00 24.00 10.00 54.00 25.00 213.00
9.961.574(2) Manufacture/delivery of drug paraphernalia—under 17 yrs.:
1st violation 25.00 6.00 10.00 54.00 25.00 120.00
2nd violation w/in 1 yr. 50.00 12.00 10.00 54.00 25.00 151.00
3rd and subsequent violations 100.00 24.00 10.00 54.00 25.00 213.00
9.961.575(2) Delivery of drug paraphernalia to a minor—under 17 yrs.:
1st violation 25.00 6.00 10.00 54.00 25.00 120.00
2nd violation w/in 1 yr. 50.00 12.00 10.00 54.00 25.00 151.00
3rd and subsequent violations 100.00 24.00 10.00 54.00 25.00 213.00

Door Co

CHAPTER 31
31.08
Offenses Against Public Peace and Safety
POSSESSION OF MARIJUANA

  1. Purpose:
    The primary purpose of this ordinance is to prohibit the use and possession of Marijuana.
  2. Definitions
    • "Marijuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinol. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
    • "Practitioner" means:
      1. A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.
      2. A pharmacy, hospital or other institution 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 in this state.
  3. General Provisions
    • This ordinance shall apply to individuals possessing less than one ounce of marijuana.
    • It shall be a violation of this ordinance for any person to possess and or use marijuana, unless the marijuana was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by Chapter 161, Wisconsin Statutes.
  4. Penalty
    • Any person found guilty of violating this ordinance or any part of this ordinance, shall be subject to a forfeiture of not less than $175.00, nor more than $5,000, together with costs of prosecution. Failure to make payment of such forfeiture and costs of prosecution shall subject the individual to imprisonment in the County Jail until said forfeiture is paid, but not to exceed thirty (30) days.
  1. First Offense subject to a minimum forfeiture of $175.00.
  2. Second Offense within 5 years subject to a minimum forfeiture of $295.00.
  3. Subsequent Offenses within 5 years subject to a minimum forfeiture of $395.00.
  4. Procedure for enforcement of this ordinance:
    • Enforcement shall be by citation.
    • Schedule of Deposits. Deposits shall be made in cash, money orders, or certified check to the Clerk of Door County Circuit Court or the Sheriff of Door County, who shall provide a receipt to the other office and the amount of the forfeiture schedule shall be as stated above or such amount that the Circuit Court of Door County hereafter affixes.
    • Any person, firm or corporation, violating any of the subsections of this ordinance, may stipulate to the guilt or no contest and may pay to the Sheriff or the Clerk of Court, a bond according to a schedule prescribed by the Circuit Court of Door County, which is presently set forth above. Such stipulation will make it unnecessary for the subject charged to appear in court, and will act as a basis for the court to enter judgment and order forfeiture of the bond. Forfeitures, penalty assessments, costs and fees shall be disbursed as provided in Wis. Stat. § 66.12.
    • Adoption of this ordinance does not preclude the County Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter. And issuance of a forfeiture hereunder, shall not preclude the County or any authorized officer from preceding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
  5. Reference to Statutes: Reference to specific statutory sections whenever used in this ordinance, shall mean Wisconsin Statutes as amended, modified, repealed or otherwise altered by the State Legislature.
  6. Effective Date:
    This ordinance shall be effective upon adoption and publication by the Door County Board of Supervisors as provided by law. (Ordinance 10-95; 6/27/95)

Douglas Co

4.33A POSSESSION OF MARIJUANA
THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS:
That Ordinance #4.33 of the Douglas County Code of Ordinances is hereby repealed and re-created as Ordinance #4.33A as follows:
SECTION I. AUTHORITY
Pursuant to the authority of sec. 59.54(25), Wisconsin Statutes, Douglas County does hereby establish this ordinance prohibiting the possession of marijuana.
SECTION II. DEFINITION

  • Marijuana means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. Marijuana does include the mature stalks if mixed with other parts of the plant.
  • Marijuana does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
SECTION III. POSSESSION OF MARIJUANA PROHIBITED
No person may possess or attempt to possess 25 grams or less of marijuana as defined in Section II., unless:
  • The person obtains the marijuana directly from, or pursuant to, a valid prescription or order of a physician or other practitioner who is licensed, registered, certified or otherwise permitted to prescribe a controlled substance, and who is acting in the course of his or her professional practice.
  • The person is otherwise authorized by Wisconsin Statute to possess marijuana.
Chapter 4.33A, Page 77SECTION IV. PENALTIES
Any person violating Section III is subject to a forfeiture of up to $1000.
SECTION V. EFFECTIVE DATE
Following passage and publication by the Douglas County Board of Supervisors this ordinance shall be in full force and effect.
Dated this 10th day of April, 2008.
Chapter 4.33A, Page 78
4.33B POSSESSION OF DRUG PARAPHERNALIA
THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS:
SECTION I. AUTHORITY
Pursuant to the authority of sec. 59.54(25m), Wisconsin Statutes, Douglas County does hereby establish this ordinance prohibiting the possession of drug paraphernalia. SECTION II. DEFINITIONS
  • “Drug Paraphernalia” means all equipment, products and materials 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 this ordinance.
  • “Drug paraphernalia" does not include:
  • 1. 2.
  • Hypodermic syringes needles and other objects used or intended for use in parenterally injecting substances into the human body. Any items, including pipes, papers and accessories that are designed for use or primarily intended for use with tobacco products. "Primarily" means chiefly or mainly.
SECTION III. POSSESSION OF DRUG PARAPHERNALIA PROHIBITED
No person may possess or attempt to possess drug paraphernalia as defined in Section II of this ordinance.
SECTION IV. PENALTIES
Any person violating Section III is subject to the following penalties: Chapter 4.33B, Page 79
  • For a first violation a forfeiture of not less than $150 nor more than $250.
  • For a second violation a forfeiture of not less than $250 nor more than $350.
  • For a third or subsequent violation, a forfeiture of not less than $350 nor more than $500.
SECTION V. EFFECTIVE DATE
Following passage and publication by the Douglas County Board of Supervisors this ordinance shall be in full force and effect. Dated this 10th day of April, 2008. Chapter 4.33B, Page 80

Dunn Co
N/A
Eau Claire Co

Chapter 9.85 Possession of Marijuana and Drug Paraphernalia
Possession of Marijuana.
9.85.010 Possession of marijuana prohibited. The possession of 25 grams or less of
marijuana, as defined in Wis. Stat. § 961.01(14), and subject to the exceptions in the introduction
of Wis. Stat. § 961.41(3g) is prohibited, except that any person charged with possession of more
then 25 grams of marijuana, or who was previously or is currently charged with the possession of
any amount of marijuana in the State of Wisconsin, shall not be charged under this section.
(Ord. 147-100 Sec. 6, 2004)
368-3
Possession of Drug Paraphernalia
08/17/049.85.020 Possession of drug paraphernalia – state statutes adopted. Wis. Stat. § 961.573 is adopted by reference and made a part of this chapter as if fully set forth herein. (Ord. 148-24, 2004)

Florence Co
N/A
Fond du Lac Co

Sec. 38-206. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Marijuana is as defined in Wis. Stats. § 961.01(14).
Practitioner is as defined in Wis. Stats. § 961.01(19).
Cross reference— Definitions generally, § 1-2.
Sec. 38-207. - Possession of marijuana.

  • No person shall possess marijuana.
  • This section shall not apply to the possession of marijuana obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his/her professional practice or as authorized by law.
  • "Possess" means the actual or constructive possession of marijuana.
  • Any person who violates subsection (a) shall be subject to the provisions of section 1-8 (Ord. of 7-2-85, § 1.09)
Sec. 1-8. - Penalty for violation of Code.
Unless another penalty is provided in this Code or by statutes, any person violating any provision of this Code, or any rule or regulation issued in pursuance thereof, or any provision of any code adopted in this Code by reference shall, upon conviction, be subject to a forfeiture of not less than $10.00 and not more than $500.00 and costs of prosecution. Unless another penalty is provided in this Code or by statutes, any juvenile violating the provisions of this Code shall be subject to a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation, or if the violation is only applicable to a person under 18 years of age, $50.00. In default of payment of such forfeiture and costs, such person may be committed to the county jail until such forfeiture and costs are paid. Every commitment shall limit the duration of such imprisonment to a definite term not exceeding 90 days.
Sec. 38-208. - Possession of drug paraphernalia.
  • Definitions. Those definitions as set forth in Wis. Stats. ch. 961, specifically as set forth in Wis. Stats. §§ 961.01 and 961.571, and are hereby adopted and by reference made a part of this section as if fully set forth in this section.
  • Authority. This section is adopted under the authority granted by Wis. Stats. § 59.54(6) and Wis. Stats. ch. 961.
  • Wis. Stats. § 961.573 incorporated by reference. Wis. Stats. § 961.573, to the extent such statutory section requires any act to be performed or prohibits any act, is hereby adopted and by reference made a part of this section as if fully set forth in this section. Any act required to be performed or prohibited by Wis. Stats. § 961.573 is required or prohibited by this section.
  • Penalties. Any person who violates this section is subject to a forfeiture not to exceed $500.00.

Forest Co
N/A
Grant Co

Chapter 173. MARIJUANA
[HISTORY: Adopted by the Board of Supervisors of Grant County 8-19-2003 by Ord. No. 46. Amendments noted where applicable.]
§ 173-1. Prohibitions against possession of marijuana.
A. No person shall possess 25 grams or less of marijuana. The term "marijuana" means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. The term "marijuana" does include the mature stalks if mixed with other parts of the plant but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. This chapter does not apply to the possession of marijuana by a person who obtains the marijuana directly from or pursuant to a valid prescription or order of a licensed medical practitioner (as defined in Ch. 961, Wis. Stats.) who is acting in the course of his or her professional practice or unless the person is otherwise authorized by Ch. 961, Wis. Stats., to possess the marijuana.
B. If a person is found to be in possession of more than 25 grams of marijuana, said person is subject to criminal prosecution for such possession and shall not be prosecuted under this chapter. If a person is found to be in possession of any amount of marijuana following a conviction for possession of marijuana in this state, said person is subject to criminal prosecution for such possession and shall not be prosecuted under this chapter.
§ 173-2. Applicability.
This chapter shall apply to the possession of marijuana in Grant County. This chapter shall not apply in any municipality that has enacted an ordinance prohibiting the possession of marijuana.
§ 173-3. Citations.
Any person found violating any of the provisions of § 173-1 of this chapter may be issued a citation by any law enforcement officer of Grant County, Wisconsin. Any citation shall provide for the following:

  • The name and address of the alleged violator.
  • The factual allegations describing the alleged violation.
  • The time and place of the offense.
  • The section of the ordinance violated.
  • A designation of the offense in such manner that can be readily understood by a person making a reasonable effort to do so.
  • The time at which the alleged violator may appear in court.
  • A statement which in essence informs the alleged violator that:
    1. The alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time;
    2. If the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.
    3. If the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by § 757.05, Wis. Stats., a jail assessment imposed by § 302.46(1), Wis. Stats., a justice information fee, a court support services fee, court costs, and a crime laboratories and drug law enforcement assessment imposed by § 165.755, Wis. Stats., not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
    4. If the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment, or Grant County may commence an action against the alleged violator to collect the forfeiture, the penalty assessment, the jail assessment, the court support service fee, court costs, the justice information fee, and the crime laboratories and drug law enforcement assessment.
    5. If the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under § 800.093, Wis. Stats.
  • A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under Subsection G and shall send the signed statement with the cash deposit.
  • Such other information as may be deemed necessary.
§ 173-4. Enforcement.
The District Attorney's Office is authorized to handle the prosecution of any citation action filed for violation of this chapter.
§ 173-5. Violations and penalties.
Any person found to be in violation of this chapter shall forfeit the sum of $500. If the violator is under 17 years of age, the forfeiture shall be $50.
§ 173-6. Cash deposit.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
  • The cash deposit which can be posted for a violation of § 173-1 of this chapter is $500 for a forfeiture plus statutory costs, including but not limited to the jail assessment, the penalty assessment, the crime laboratories and drug assessment, court costs, the court support services fee, and the justice information fee.
  • The cash deposit which can be posted for a violation of § 173-1 of this chapter for a violator who is under 14 years of age is $50.
  • The cash deposit which can be posted for a violation of § 173-1 of this chapter for a violator who is over 14 years of age but under 17 years of age is $50 for a forfeiture plus statutory costs, including but not limited to the jail assessment, the penalty assessment, the crime laboratories and drug assessment, court costs, the court support services fee, and the justice information fee.
  • Cash deposits, costs, and assessments shall be paid to the Grant County Clerk of Circuit Court in Lancaster, Wisconsin. The Clerk of Circuit Court for Grant County shall issue receipts for cash deposits, costs, and assessments paid under this chapter.

Green Co

7-4-19:
POSSESSION OF TWENTY FIVE GRAMS OR LESS OF MARIJUANA PROHIBITED

  • State Statute Adopted: Wisconsin Statute §961.41(3g) regulating the possession of twenty five (25) grams or less of marijuana containing tetrahydrocannabinol as defined by §961.14(4)(t), Wis. Stats., as may be amended from time to time is hereby adopted in its entirety.
  • Penalty: Any person violating subsection 7-4-19A above shall be subject to a Class One forfeiture.
  • Other Violations: It is the intent of Green County that any person who is charged with possession of more than twenty five (25) grams of marijuana containing tetrahydrocannabinol, who is charged with the illegal possession of a controlled substance other than marijuana containing tetrahydrocannabinol, which arises out of the same incident or occurrence or who is charged with possession of marijuana containing tetrahydrocannabinol following a prior conviction for possession of marijuana containing tetrahydrocannabinol or some other violation under Chapter 961, Wis. Stats., or a local ordinance enacted in conformity therewith, shall not be prosecuted under this subsection of this Code, but instead shall be prosecuted for a criminal violation of §961.41(3g), Wis. Stats., whenever possible. This Section does not apply within any town, city or village in Green County that has adopted or adopts an ordinance in conformity with §961.41(3g), Wis. Stats. (Ord. 96-0310)
7-4-20:
POSSESSION OF DRUG PARAPHERNALIA PROHIBITED
  • State Statute Adopted: Wisconsin Statute §961.573 regulating the possession of "drug paraphernalia" as defined by §961.571, Wis. Stats., including any and all existing and future amendments thereto is hereby adopted in its entirety.
  • Penalty: Any person violating subsection 7-4-20A above shall be subject to a Class Two forfeiture.
  • Other Violations: It is the intent of Green County that any person who is charged with possession of drug paraphernalia, who is charged with the illegal possession of more than twenty five (25) grams of marijuana containing tetrahydrocannabinol or with the illegal possession of a controlled substance other than marijuana containing tetrahydrocannabinol, which arises out of the same incident or occurrence or who is charged with possession of drug paraphernalia following a prior conviction for possession of drug paraphernalia or some other violation under Chapter 961, Wis. Stats., or a local ordinance enacted in conformity therewith, shall not be prosecuted under this Section of this Code, but instead shall be prosecuted for a criminal violation of §961.573, Wis. Stats., whenever possible. This Section does not apply within any town, city or village in Green County that has adopted or adopts an ordinance in conformity with §961.573, Wis. Stats. (Ord. 96-0310)

Green Lake Co

Chapter 130.
DRUGS AND DRUG PARAPHERNALIA
[HISTORY: Adopted by the Board of Supervisors of Green Lake County 9-20-1994 by Ord. No. 548-94. Amendments noted where applicable.]
§ 130-1.
Possession of drug paraphernalia.
No person may use or possess with the sole intent to use drug paraphernalia as defined in § 961.571, Wis. Stats., to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of Ch. 961 of the Wis. Stats.
§ 130-2. Possession of controlled substance or marijuana.

  • . Controlled substances. It shall be unlawful for any person to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.
  • Possession of marijuana. No person shall possess any amount of marijuana, tetrahydrocannabinol or any derivative thereof, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a licensed physician or pharmacist for a valid medical purpose.
§ 130-3.
Violations and penalties.
Any person who violates § 130-1 or 130-2 above is subject to a forfeiture (exclusive of costs) of not less than $200 up to $500.

Iowa Co

ORDINANCE NO. 600 17
ORDINANCE TO PROHIBIT THE POSSESSION OF 25 GRAMS OR LESS OF MARIJUANA
WHEREAS, Section 59.54(25) of the Wisconsin Statutes authorizes the
County Board to enact and enforce an ordinance to prohibit the
possession of 25 grams or less of =ijuana, as defined in Section
961. 01 (4) of the Wisconsin Statutes, subject to the exceptions in
section 961.41(3g) (intro.), and provide a forfeiture for a violation
of the ordinance;
WHEREAS, Section 961.01(14) of the Wisconsin Statutes states "Marijuana"
means all parts of the plants of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every cormpound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or resin, including tetrahydrocannabinols; and
NOW, THEREFORE, BE IT RESOLVED by the Iowa County Board of SUpervisors
that the board authorizes the enactment and enforcement of an ordinance to
prohibit the possession of 25 grams or less of marijuana, as defined in
Section 961.01(4) of the Wisconsin Statutes, subject to the exceptions in
Section 961.41(3g) (intro.) of Any person violating this ordinance shall
be subject to a forfeiture not to exceed Three Hundred Dollars ($300.00).
IOWA COUNTY ORDINANCE NO. 600.27
Prohibition of Possession of Drug Para phernalia

  1. Definitions
    The definition of "drug paraphernalia" stated in Wis, Stat. Sec. 961.571 is adopted and incorporated by reference as the definition of "drug paraphernalia" for purposes of this ordinance,
  2. Determin ation
    In determining whether an object is drug paraphernalia under this ordinance, a court or other authority shall consider, in addition to all other legally relevant factors, those factors stated in Wis. Stat. Sec, 961.572,
  3. Use or 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 Wis, Stat. Ch, 961,
  4. Penalty
    Any person who violates any provision of this ordinance shall, upon conviction, be subject to a forfeiture not to exceed $200,

Iron Co
N/A
Jackson Co

POSSESSION OF DRUG PARAPHERNALIA
STATUTE ADOPTED. Section 961.573, Wis. Stats., relating to Possession of Drug
Paraphernalia is hereby adopted, along with any future amendments, revisions or
modifications of the referenced Statute.

  1. Page 25.
    PROHIBITED ACT. 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. JACKSON COUNTY Revised 04/09PEACE AND ORDER 9.14(2)
  2. Any person who violates sub. (1) who is under 17 years of age is subject to a disposition under Section 938.344(2e), Wis. Stats.
  3. PENALTY.
    (a) (b)
    9.15
    Whoever violates this section may be made to forfeit not more than $1,000, plus costs of prosecution and in default of payment thereof, may be incarcerated in the Jackson County jail for not more than 30 days. Penalty Enhancer: In the event a violation of section 9.14 of this ordinance takes place within one thousand (1,000) feet of any private or public school, church, park, playground, or on or within a school bus, the forfeiture prescribed by this ordinance shall be doubled.
POSSESSION OF MARIJUANA
  1. STATUTE ADOPTED. Sections 961.14(4)(t) and 961.41(3g)(e), Wis. Stats., relating to Possession of Marijuana is hereby adopted, along with any future amendments, revisions or modifications of the referenced Statute.
  2. PROHIBITED ACT.
    No person may possess or attempt to posses Tetrahydroccannabinols, commonly known as “THC”, in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana or chemically synthesized, or tetrahydrocannabinols analog 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 or her professional practice, or unless the person is otherwise authorized to possess the substance or the analog.

Jefferson Co

9.11.
POSSESSION OF MARIJUANA.
No person shall possess 25 grams or less of marijuana, as defined in Section 961.01(14), Wisconsin Statutes, subject to the exceptions in Section 961.41(3g)(Intro.). No person who is charged with possession of more than 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 be prosecuted under this section. Any person violating this section may be penalized as provided in 9.19. [Amended02/14/06, Ord. No. 2005-44]
9.115
POSSESSION AND DELIVERY OF DRUG PARAPHERNALIA.

  1. In this section, "drug paraphernalia" has the meaning given in Wis. Stat. § 961.571. Wis. Stat. §961.572 shall apply when determining whether an object is drug paraphernalia.
  2. 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 Wis. Stat. ch. 961.
  3. 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 Wis. Stat. ch. 961.
  4. Any person violating this section shall, upon conviction thereof, be penalized as provided in Section 9.19. [Created02/14/06, Ordinance No. 2005-44]

Juneau Co
N/A
Kenosha Co

9.961.41(3g)(e)
POSSESSION OF MARIJUANA
The provisions of Section 961.41(3g)(e) of the Wisconsin
Statutes and any subsequent amendments are adopted except that
the penalty upon conviction is a forfeiture not less than $100
nor more than $1,000.
POSSESSION OF DRUG PARAPHERNALIA (8/7/07)
The provisions of Section 961.573(1) of the Wisconsin Statutes
and any subsequent amendments are adopted except that the
penalty upon conviction is a forfeiture of not less than $100
nor more than $500.
This ordinance shall apply to first offenders only.

Kewaunee Co
N/A
La Crosse Co

9.16
POSSESSION OF MARIJUANA.
It is unlawful for any person to possess 25 grams or less
of marijuana as defined in s. 961.04(14), Wis. Stats., unless the marijuana was obtained directly from, or
pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her
professional practice as provided in s. 961.41(3g)(intro.), Wis. Stats, or unless the person is otherwise
authorized by Chapter 961, Wis. Stats., to possess the marijuana. This section shall not apply to any person
who is charged with possession of any amount of marijuana following a conviction for possession of
marijuana in this state. This section applies in every municipality within La Crosse County.
9.17
POSSESSION OF DRUG PARAPHERNALIA.
It is unlawful for any person to 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 Chapter 961, Wis. Stats.
Drug paraphernalia shall be defined as provided in s. 961.571, Wis. Stats., or any amendments thereto. This
section may be enforced in any municipality within La Crosse County. Co

Lafayette Co
N/A
Langlade Co
N/A
Lincoln Co
N/A
Manitowoc Co

6.255
Possession of Marijuana.

  1. This ordinance is adopted under the authority of Wis. Stat. § 59.54(25).
  2. It is unlawful for any person to possess 8 grams or less of marijuana, as defined in Wis. Stat. § 961.01(14), subject to the exceptions in Wis. Stat. § 961.41(3g); but no citation may be issued under this ordinance to a person who has a previous conviction for possession of drug paraphernalia or for any other drug related offense.
  3. A person who violates any provision of this ordinance is subject to a forfeiture of not less than $50 nor more than $500, together with the costs of prosecution. A person who is in default of payment is subject to imprisonment in the county jail until the forfeiture and costs are paid, but may not be imprisoned for more than 30 days.

Marathon Co

Sec. 9.18.
Possession of marijuana.

  1. Any person possessing 25 grams or less of marijuana, as defined in § 961.01(14), Wis. Stats., or its successor statute, and subject to the exceptions set forth in § 961.41(3g), Wis. Stats., or its successor statute, shall be subject to a forfeiture as set forth in § 25.04 of the General Code of Marathon County.
  2. This section is not applicable to any person charged with possession of more than 25 grams of marijuana or who is charged with possession of any amount of marijuana after conviction for possession of marijuana in this State.
  3. This section shall not apply in any municipality that has enacted a similar ordinance prohibiting possession of marijuana.
(O-9-02)

Marinette Co
N/A
Marquette Co
N/A
Menominee Co
N/A
Miwaukee Co

24.01.
Possession of marijuana
No person within the county shall possess or use marijuana in amounts of twenty-five (25) grams or less unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his/her professional practice or except as authorized by ch. 961, Wis. Stats.
24.015.
Possession and delivery of drug paraphernalia.

  1. In this section, "drug paraphernalia" has the meaning given in Wis. Stat. § 961.571.
  2. 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 Wis. Stat. ch. 961.
  3. 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 Wis. Stat. ch. 961.
24.02.
Penalty.
Any person violating the provisions of this chapter may be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
24.03.
Definitions.
`Marijuana' and `practitioner' as used in this chapter shall be defined according to s. 961.01(14) and (19)(a), Wis. Stats., respectively.

Monroe Co

Sec. 20-15. Possession of marijuana prohibited.
No person shall possess 25 grams or less of marijuana as listed in Wis. Stats. § 961.01(14),
unless such substance was obtained directly from or pursuant to a valid prescription or order of a
practitioner while acting in the course of his professional practice or unless the person
is otherwise authorized by Wis. Stats. § 961.001 et seq., to possess the substance or the analog.

Oconto Co
N/A
Oneida Co
N/A
Outagamie Co

Sec. 34-18. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Drug paraphernalia has the same meaning as defined in Wis. Stats. § 961.571.
Marijuana has the same meaning as defined in Wis. Stats. § 961.01(14).
(Ord. No. P-2001-2002, § 9.23, 12-11-2001; Ord. No. H-2006-07, § 9.23(1), 9-12-2006)
State law reference— Authority to adopt ordinance prohibiting possession of 25 grams of marijuana,
Wis. Stats. § 59.54(25); authority to adopt ordinance prohibiting possession of drug paraphernalia
, Wis. Stats. § 59.54(26); drug paraphernalia, Wis. Stats. §§ 961.573(1), (2), 961.574(1), (2), 961.575(1), (2).
Sec. 34-19. Marijuana.
As authorized by Wis. Stats. § 59.54(25), the County Board may enact and enforce an ordinance to prohibit
the possession of 25 grams or less of marijuana, as defined in Wis. Stats. § 961.01(14), subject
to the exceptions in Wis. Stats. § 961.41(3g), and provide a forfeiture for a violation of the ordinance;
except that any person who is charged with possession of more than
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.
Any ordinance enacted under this section applies in every municipality within the county.
(Ord. No. P-2001-2002, § 9.23, 12-11-2001; Ord. No. H-2006-07, § 9.23(1)(a), 9-12-2006)
Sec. 34-20. Drug paraphernalia.
As authorized by Wis. Stats. § 59.54(25m), the County Board may enact an ordinance to prohibit conduct that is the same as that is prohibited by Wis. Stats. § 961.573(1) or (2), Wis. Stats. § 961.574(1) or (2) or Wis. Stats. § 961.575(1) or (2) and provide a forfeiture for violation of the ordinance. The County Board may enforce an ordinance enacted under this section in any municipality within the county.
(Ord. No. P-2001-2002, § 9.23, 12-11-2001; Ord. No. H-2006-07, § 9.23(1)(b), 9-12-2006)
Sec. 34-21. Possession of marijuana or drug paraphernalia.
(a)No person may use, or possess with the primary intent to use, 25 grams or less of marijuana, as defined in Wis. Stats. § 961.01(14).
(b)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 in accordance with Wis. Stats. § 961.573(1).
(Ord. No. P-2001-2002, § 9.23, 12-11-2001; Ord. No. H-2006-07, § 9.23(1)(c), (1)(d), 9-12-2006)
Sec. 34-22.
Exceptions.
Wis. Stats. § 961.41(3g) states that no person may possess or attempt to possess a controlled substance or a controlled substance
analog unless the person obtains the substance or analog directly from, or pursuant to a valid prescription
or order of a practitioner who is acting in the course of his professional practice, or unless the person is otherwise
authorized by this article to possess the substance or the analog.
(Ord. No. P-2001-2002, § 9.23, 12-11-2001; Ord. No. H-2006-07, § 9.23(1)(e), 9-12-2006)
Sec. 34-23. Penalties.
(a) Irrespective of the penalty provisions set forth in section 1-10, the forfeiture for violation of sections 34-18 through 34-22 shall be: Possession of marijuana 1st offense $150.00 2nd offense 300.00 Drug paraphernalia 1st offense 50.00 2nd offense 100.00
(b) Such forfeitures are exclusive of court costs, penalty assessment, jail assessment fee, and any other applicable statutorily authorized assessment or fee. (Ord. No. P-2001-2002, § 9.23, 12-11-2001; Ord. No. H-2006-07, § 9.23(2), 9-12-2006) Sec. 34-24. Applicability.
Sections 34-18 through 34-23 do not apply in any municipality that has enacted an ordinance prohibiting the possession of marijuana.
(Ord. No. P-2001-2002, § 9.23, 12-11-2001; Ord. No. H-2006-07, § 9.23(3), 9-12-2006) State law reference— Authority to adopt ordinance regarding possession of marijuana, Wis. Stats. § 59.54(25); authority to adopt ordinance regarding possession of drug paraphernalia, Wis. Stats. § 59.54(25m).

Ozaukee Co
N/A
Pepin Co

9.15 POSSESSION OR USE OF MARIJUANA.

  1. DEFINITIONS.
    Marijuana means all or part of the plant Cannabis sativa l., whether growing or not; the seeds; the resin extracted from any part of the plant and every compound, manufacture, sale, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any compound, manufacture, sale, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or sterilized seed of the plant which is incapable of germination.
  2. POSSESSION OR USE PROHIBITED. (Ord. No. 197, Am. #3, § 2, 3-7-95)
    No person shall possess or use marijuana, except as otherwise authorized by Ch. 161, Wis. Stats. Application of this section shall be limited to situations involving the possession of 25 grams or less of marijuana. Any person who is charged with possession of more than 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.
  3. APPLICABILITY OF ORDINANCE. (Ord. No. 179, Am. #3, § 2, 3-7-95)
    This section shall not apply in any city or village in the County which has adopted an ordinance prohibiting the possession of marijuana.

Pierce Co

Article II. Marijuana
[Adopted by Ord. No. 82-5]
§ 176-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
MARIJUANA
All part of the plant Cannabis Sative L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any compound, manufacture, sale, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or sterilized seed of the plant which is incapable of germination.
§ 176-3. Possession or use prohibited.
No person shall possess or use marijuana in any amount, except as otherwise authorized by Chapter 961, Wis. Stats.
§ 176-4. Violations and penalties.
Any person who shall violate § 176-3 by possessing one ounce or less of marijuana shall, upon conviction, be subject to a forfeiture of not more than $500 together with costs of prosecution and penalty assessment and, in default of payment of such forfeiture and costs, shall be subject to imprisonment in the county jail until such forfeiture and costs are paid, but not to exceed 30 days.

Polk Co
N/A
Portage Co

2.10 PROHIBITION OF POSSESSION OF MARIJUANA, SYNTHETIC CANNABINOIDS AND DRUG PARAPHERNALIA
2.10.1 DEFINITIONS

  • In this ordinance the following definitions are included and incorporated by reference as follows:
    1. "Marijuana" (defined as tetrahydrocannabinols under section 961.14(4) of the Wisconsin statutes) has the same meaning as the definition found in section 961.01(14).
    2. "Drug Paraphernalia" has the same meaning as the definition found in section 961.571 of the Wisconsin statutes.
    3. "Synthetic cannabinoid" includes all controlled substances defined under sections 961.14(4)(tb) to (ty) of the Wisconsin statutes, or an analog of those controlled substances.
2.10.2 DETERMINATION
  • In determining whether an object is drug paraphernalia, a court or other authority shall consider the factors stated in section 961.572, Wis. Stats.
  • The weight of the substance includes the tetrahydrocannabinols and the weight of any marijuana that contained the tetrahydrocannabinols.
2.10.3 USE OR POSSESSION
  • No person may possess or attempt to possess tetrahydrocannabinols included under section 961.41(4)(t) of the Wisconsin statutes, or synthetic cannabinoids included under sections 961.14(4)(tb) to (ty) of the Wisconsin statutes, except as provided in section 961.41(3g)(intro.)
  • No person may use, or possess with the 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 Chapter 961, Wis. Stats.
  • This ordinance shall not apply to any person who:
    1. Is charged with possession of more than 5 grams of marijuana.
    2. Is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state.
    3. Is charged with possession of any amount of synthetic cannabinoid following a conviction for possession of synthetic cannabinoid, in this state.

Price Co
N/A
Racine Co

Sec. 11-10. Possession, use of marijuana or synthetic marijuana and drug paraphernalia.

  • It shall be unlawful for any person to carry, possess or use marijuana or synthetic marijuana as those substances are defined in either W.S.A., § 961.01 or have been placed on an emergency schedule by the USDEA administrator, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner filled out in the course of his professional practice, or except as otherwise authorized by W.S.A., ch. 961.
  • W.S.A. § 961.573(1), describing offenses relating to the use or possession of drug paraphernalia, as that term is defined in W.S.A. § 961.571, exclusive of any penalty imposed thereby, is adopted by reference and made part of this chapter as though set forth in full. (Code 1975, § 12.15; Ord. No. 2008-27, pt. 3, 6-24-08; Ord. No. 2010-109, 1-11-11) Cross reference- Schedule of deposits for violation of the provisions in this section, § 5-3.
11-10 Possession of marijuana, drug paraphernalia 100.00
Richland Co
N/A
Rock Co
N/A
Rusk Co

Sec. 32-344. Possession of marijuana.
No person shall possess marijuana, as that controlled substance is defined as Wis. Stats. § 961.01(14).
DIVISION 2. DRUG PARAPHERNALIA

  • Sec. 32-362. Definitions.
  • Sec. 32-363. Determination.
  • Sec. 32-364. Possession and use prohibited.
  • Sec. 32-365. Manufacture and delivery prohibited.
  • Sec. 32-366. Delivery to minors prohibited.
  • Sec. 32-367. Advertisement prohibited.
  • Secs. 32-368—32-392. Reserved.
Sec. 32-362. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Drug paraphernalia.
  1. The term "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 this chapter.
  2. The term "drug paraphernalia" includes, but is not limited to, any of the following:
    • Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived.
    • Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.
    • Isomerization devises used, designed for use or primarily intended for use in increasing the potency of any species of plant that is a controlled substance.
    • Testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs.
    • Scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances or controlled substance analogs.
    • Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs.
    • Separation gins and sifters used, designed for use or primarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
    • Blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs.
    • Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs.
    • Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs.
    • Objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
      1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
      2. Water pipes.
      3. Carburetion tubes and devices.
      4. Smoking and carburetion masks.
      5. Roach clips: meaning 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.
      6. Miniature cocaine spoons and cocaine vials.
      7. Chamber pipes.
      8. Carburetor pipes.
      9. Electric pipes.
      10. Air-driven pipes.
      11. Chillums.
      12. Bongs.
      13. Ice pipes or chillers.
  3. The term "drug paraphernalia" excludes:
    • Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.
    • Any items, including pipes, papers and accessories that are designed for use or primarily intended for use with tobacco products. Primarily means chiefly or mainly.
(Code 1987, § 9.55; Res. No. 06-25, 5-30-2006)
State law reference— Similar definitions, Wis. Stats. § 961.571.
Sec. 32-363. Determination.
  • In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
    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 chapter.
    3. The proximity of the object to controlled substances or controlled substance analogs.
    4. The existence of any residue of controlled substances or controlled substance analogs on the object.
    5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this chapter, the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a findings that the object is designed for use or primarily intended for use as drug paraphernalia.
    6. Instructions, oral or written, provided with the object concerning its use.
    7. Descriptive materials accompanying the object that explain or depict its use.
    8. 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 it use.
  • In determining under this division whether an item is designed for a particular use, a court or other authority shall consider the objective physical characteristics and design features of the item.
  • In determining under this division whether an item is primarily intended for a particular use, a court or other authority shall consider the subjective intent of the defendant.
Sec. 32-364. Possession and 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 of this chapter. Any person who violates this subsection may be fined not more than the amount provided in the county fine and forfeiture schedule.
  • Any person who violates subsection (a) of this section who is under 17 years of age is subject to a disposition under Wis. Stats. § 938.344(2e). (Code 1987, § 9.55; Res. No. 06-25, 5-30-2006)
State law reference— Possession of drug paraphernalia prohibited, Wis. Stats. § 961.573.
Sec. 32-365. Manufacture and delivery prohibited.
  • 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 chapter. Any person who violates this subsection may be fined in the amount provided in the county fine and forfeiture schedule.
  • Any person who violates subsection (a) of this section who is under 17 years of age is subject to a disposition under Wis. Stats. § 938.344(2e). (Code 1987, § 9.55; Res. No. 06-25, 5-30-2006)
Sec. 32-366. Delivery to minors prohibited.
Any person 17 years of age or over who violates Wis. Stats. § 961.574(1) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator may be fined not more than the amount provided in the county fine and forfeiture schedule. Any person who violates this section who is under 17 years of age is subject to a disposition under Wis. Stats. § 938.344(2e).
(Code 1987, § 9.55; Res. No. 06-25, 5-30-2006)
Sec. 32-367. Advertisement prohibited.
No person may place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed for use or primarily intended for use as drug paraphernalia in violation of this chapter. Any person who violates this section may be fined not more than the amount provided in the county fine and forfeiture schedule.
(Code 1987, § 9.55; Res. No. 06-25, 5-30-2006)
Secs. 32-368—32-392. Reserved.

St Croix Co

CHAPTER 59
POSSESSION OR USE OF MARIJUANA
SECTION 1.
No person shall possess or use marijuana in any amount, except as otherwise authorized by Chapter 161 of the Wisconsin Statutes.
SECTION 2.
"Marijuana" means all parts of the plant Cannabis Sative L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any compound, manufacture, sale, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or sterilized seed of the plant which is incapable of germination.
SECTION 3.
Any person who shall violate Section 1 of th is ordinance by possession one ounce or less of marijuana shall, upon conviction, be subject to a forfeiture of not more than $500 together with costs of prosecution and penalty assessment; and in default of payment of such forf eiture and costs, shall be subject to imprisonment in the County Jail until such forfeiture and costs be paid, but not to exceed 30 days.
SECTION 4.
This ordinance shall take effect and be in force from and after its proper passage and publication pursuant to Wisconsin Law Ordinance No. 47(81) - June, 1981

Sauk Co
N/A
Sawyer Co
N/A
Shawano Co
N/A
Sheboygan Co
N/A
Taylor Co
N/A
Trempealeau Co
N/A
Vernon Co

Sec. 42-2. Possession of marijuana.

  • It is unlawful for any person to possess the controlled substance of marijuana, as defined in Wis. Stats. § 961.01(14), except where such possession is lawful pursuant to Wis. Stats. ch. 961.
  • Any person who violates subsection (a) of this section shall, upon conviction, be required to forfeit not less than $125.00, nor more than $500.00, together with costs of prosecution, and in default of payment thereof, shall be committed to the county jail until such forfeiture and costs are paid, but, in no event, for a period to exceed 30 days.
(Ord. No. 4-87, §§ 1, 2, 4-21-1987)
Sec. 42-111. Established.
The following bond schedule is established for violation of public safety ordinances:
4.87 Possession of marijuana 375.00

Vilas Co

9.08
Possession of Marijuana.

  1. It is unlawful for any person to possess or attempt to possess twenty-five (25) grams or less of marijuana, as defined in §961.01(14), Stats., unless it was obtained directly from, or pursuant to a valid prescription or order of, a Wisconsin licensed medical practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by Chapt er 961,Wis. Stats.
  2. Any person found guilty of violating this section shall be subject to a forfeiture of not less than $100.00 nor more than $5,000.00, plus the costs of prosecution.
  3. Any person previously convicted in the State of Wisconsin for possession of marijuana shall not be prosecuted under this section.
9.09 Drug Paraphernalia.
  1. DECLARATION.
    It is hereby found and determined that the illegal use of controlled substances is harmful to the health, safety and welfare of individuals and society as a whole. By marketing and selling certain devices and instruments designed for the consumption of controlled substances, the drug paraphernalia industry facilitates and glamorizes illegal substance use and abuse. The illegal use and abuse of controlled substances inevitably leads to further criminal behavior which substantially affects the public peace and good order of Vilas County and its citizens.
  2. DEFINITIONS.
    The following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning and includes the meanings expressly referred to in various chapters of the Wisconsin Statutes:
    • Consuming a Controlled Substance includes, for the purpose of this section, the planting, propagating, cultivating, growing or harvesting, manufacturing, compounding, converting, producing, processing, comparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Chapter 961, Wis. Stats.
    • Controlled Substance means any substance named or described in Schedules I through V of the Uniform Controlled Substances Act found in Ch. 961, Wis. Stats.
    • Controlled Substance Analog has the meaning set forth in §961.01(4m), Wis. Stats.
    • Personal Possession means the holding, storing or keeping of a substance or item in a place under the dominion or control of a person. It need not be shown that the person had sole or exclusive possession.
  3. OFFENSES.
    • No person shall have in their personal possession any device or instrumentality intended, designed or adapted for use in consuming a controlled substance with intent to use such device or instrumentality for consumption of a controlled substance.
    • No person shall sell or deliver any device or instrumentality intended, designed or adapted for use in consuming a controlled substance with the knowledge or intent at the time of the sale or delivery that the device or instrumentality be used for the purposes of consuming a controlled substance.
  4. PROCEDURE TO DETERMINE INTENTION OR DESIGN OF DEVICE OR INSTRUMENTALITY.
    In attempting to determine whether or not an object is intended, designed or adapted for use of consuming a controlled substance, a person, court, or any other authority should consider, in addition to all other logically relevant factors, the following enumeration of devices or instrumentalities of which are commonly involved with the consuming of controlled substances:
    • Kits or items used, intended or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plants which is a controlled substance or from which a controlled substance can be derived.
    • Kits or items used, intended or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.
    • Devices used, intended or designed for use in increasing the potency of any species of plant which is a controlled substance.
    • Testing equipment used, intended or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances or controlled substance analogs.
    • Scales and balances used, intended or designed for use in weighing or measuring controlled substances or controlled substance analogs.
    • Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intend ed or designed for use in the cutting or processing of controlled substances or controlled substance analogs.
    • Separation gins or sifters used, intended 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 or designed for use in compounding controlled substances or controlled substance analogs.
    • Capsules, balloons, baggies, envelopes and other containers used, intended or designed for use in packaging small quantities of controlled substances or controlled substance analogs.
    • Containers and other objects used, intended or designed for use in storing or concealing controlled substances or controlled substance analogs.
    • Hypodermic syringes, needles and other objects used, intended or designed for use in parenterally injecting controlled substances or controlled substance analogs into the human body.
    • Objects used, intended 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 the devices listed in §961.571(1), Wis. Stats.
  5. CIVIL FORFEITURE.
    Any vessel, vehicle, aircraft, device or instrumentality which is found to have been intended, designated or adapted for the use of consuming a controlled substance and which is subject to forfeiture under §961.55, Wis Stats., and which has been or is being used in violation of this section may be seized and forfeited as provided in §961.55, Stats
  6. PENALTY.
    A person found guilty of violating this section shall pay a forfeiture of not less than $100.00 nor more than $5,000.00 plus the costs of prosecution

Walworth Co

Sec. 38-32. Possession of marijuana.
Subject to the express exceptions set forth at Wis. Stats. § 961.41(3g)(e), the possession by any person of 25 grams or less of marijuana in the county is prohibited. For the purposes of this section, "marijuana" shall have the definition set forth in Wis. Stats. § 961.01(14).
Sec. 38-34. Possession prohibited—Alcohol, tobacco, drug paraphernalia.
All provisions of the following Wisconsin Statutes are hereby adopted as ordinances of the county as if fully set forth in this section except for the penalty provisions which are set forth herein:

  1. Wis. Stats. §§ 961.571, 961.572, 961.573(1), 961.574(1), 961.575(1) 961.576 and 961.577 which regulate the possession of drug paraphernalia.
  2. Wis. Stats. §§ 125.07, 125.085 and 125.09 which statutes regulate the use or possession of intoxicants by persons who have not attained the legal drinking age.
  3. Wis. Stats. § 254.92 which regulates the purchase or possession of tobacco products by a person under the age of 18 years.
  4. Penalty. Any person violating any provision of this ordinance shall, upon conviction thereof, forfeit not more than $500.00, and in default of payment thereof shall be imprisoned in the county jail until the forfeiture and costs are paid but not to exceed 30 days.
  5. Appearance bond. Any person charged with violating any of the above provisions may be released from custody by depositing with the county or with the arresting officer a cash bond in the amount of $100.00 to ensure his or her appearance in court. If the person fails to appear in court, the bond shall be forfeited.
  6. Enforcement by citation procedure. The provisions of this section may be enforced pursuant to any citation ordinance heretofore adopted or hereinafter enacted pursuant to the provisions of Wis. Stats. § 66.0113. However, this provision shall not limit or preclude the enforcement of this section pursuant to any other ordinance or proceeding permitted by law, whether ordinance or statute.
  7. Conduct prohibited may be prosecuted as ordinance violation or as state crime/forfeiture. The creation of this section adopting the above-referred to statutory sections in no way limits law enforcement authorities from prosecuting any of such so-adopted sections as crimes or state forfeitures instead of ordinance violations pursuant to this section. It is the intent of this section to provide an alternative and/or supplement to the prosecution for violations of the above adopted sections and not to limit the remedies available to law enforcement authorities.
  8. Reference to state statutes. Whenever the underlying statute above adopted is amended, repealed or modified by the state legislature, the provisions of the statute so adopted as ordinance violations shall be amended in accordance with those changes.

Washburn Co
N/A
Washington Co
N/A
Waukesha Co
N/A
Waupaca Co

9.07 POSSESSION OF CONTROLLED SUBSTANCES
No person shall possess a controlled substance contrary to the Uniform Controlled Substances Act, Chapter 961 of the Wisconsin Statutes.
Repealed & Recreated February 17, 2004
Published March 18, 2004
Revised July 20, 2010
5
9.07(a) SYNTHETIC CANNABINOID PROHIBITED (Created December 21, 2010)

  1. Possession, use and sale are illegal. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publically display for sale or attempt to sell, give, 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:
    • 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;
    • (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3 (2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol some trade or other names; HU- 210;
    • 1-Butyl-3-(lnaphthoyl) indole-some trade or other names: JWH-073;
    • 1-(3{trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP; or
    • Any similar structural analogs.
  2. Medical or dental use allowed. Acts otherwise prohibited under section 7.01(C)(1) 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.
9.10 DRUG PARAPHERNALIA
  • "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, storing, containing, concealing, injecting, ingesting, inhaling, otherwise introducing into the human body a controlled substance or controlled substance analog in violation of this chapter. "Drug paraphernalia" includes, but is not limited to, any of the following:
    1. Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or form which a controlled substance or controlled substance analog can be derived.
    2. Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.
    3. Isomerization devises used, designed for use or primarily intended for use in increasing the potency of any species of plant that this is a controlled substance.
    4. Testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs.
    5. Scales and balances used, designed for use or primarily intended 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, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs.
    7. Separation gins and sifters used, designed for use or primarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana. Repealed & Recreated February 17, 2004 Published March 18, 2004 Revised July 20, 2010 8
    8. Blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs.
    9. Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs.
    10. Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs.
    11. Objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
      • 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.
      • Roach clips - meaning objects used to hold burning materials, such as a marijuana cigarette, that has become so 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.
      • Chilams.
      • Bongs.
      • Ice pipes or chillers. Repealed & Recreated February 17, 2004 Published March 18, 2004 Revised July 20, 2010 9
  • "Drug paraphernalia" excludes:
    1. Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body or primarily intended for use with tobacco products.
    2. Any item, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.
  • "Primarily" means chiefly or mainly.
  • Determination
    1. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
      • Statements by an owner or by anyone in control of the object concerning its use.
      • The proximity of the object, in time and space, to a direct violation of this chapter.
      • The proximity of the object to controlled substances or controlled substance analogs.
      • The existence of any residue of controlled substances or controlled substance analogs.
      • Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is designed for use or primarily intended for use as drug paraphernalia.
      • Instructions, oral or written, provided with the object concerning its use.
      • Descriptive materials accompanying the object that explain or direct its use.
      • Local advertising concerning its use.
      • The manner in which the object is displayed for sale. Repealed & Recreated February 17, 2004 Published March 18, 2004 Revised July 20, 2010 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.
      • The existence and scope of legitimate uses for the object in the community.
        1. Expert testimony concerning its use.
        2. In determining under this chapter whether an item is designed for a particular use, a court or other authority shall consider the objective physical characteristics and design features of the item.
        3. In determining under this chapter whether an item is primarily intended for a particular use, a court or other authority shall consider the subjective intent of the defendant.
    2. Possession of Drug Paraphernalia
      1. 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 chapter. Any person who violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both.
      2. Any person who violates this section who is under 17 years of age is subject to a disposition under Sec. 938.344(2e), Wis. Stats.
    3. Manufacture or Delivery of Drug Paraphernalia
      1. 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, and 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 chapter. Any person who violates this section may be fined not more than $1,000 or imprisoned not more than 90 days or both.
      2. Any person who violates this section who is under 17 years of age is subject to a disposition under Sec. 938.344(2e), Wis. Stats. Repealed & Recreated February 17, 2004 Published March 18, 2004 Revised July 20, 2010 11
    4. Delivery of Drug Paraphernalia to a Minor
      1. Any person 17 years of age or over who violates Section 9.10(F) by delivering drug paraphernalia to a person 17 years of age or under, who is at least 3 years younger than the violator, may be fined not more than $10,000 or imprisoned not more than 9 months or both.
      2. Any person who violates this section who is under 17 years of age is subject to a disposition under Sec. 938.344(2e), Wis. Stats.
    5. Advertisement of Drug Paraphernalia
      1. No person may place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed for use or primarily intended for use as drug paraphernalia in violation of this chapter. Any person who violates this section may be fined not more than $500 or imprisoned not more than 30 days or both.
    6. Deposit Schedule
      1. Forfeitures charged in this section along with applicable costs shall be issued in accordance with the penalty provisions found in Chapter 25, CONSTRUCTION AND EFFECT OF ORDINANCES, in the Waupaca County Code of Ordinances.
    7. Uniformity of Interpretation
      1. This chapter shall be so applied and constructed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.

Waushara Co

Sec. 26-242. Defined.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances, but such enumeration shall not be construed to exclude other public nuisances:
Noxious Weeds. The following weeds are declared to be noxious in the county: Canadian thistle; leafy spurge; field bindweed; commonly known as "Creeping Jenny;" and marijuana that is not grown or cultivated for lawful commercial purposes.
(Ord. No. 386, § 2, 12-9-2003)

Winnebago Co

9.17 POSSESSION OF MARIJUANA.

  1. Authority. This Section of the Code is adopted under the authority granted by § 59.07(64) and Chapter 161, Wis Stats.
  2. Section 961.41(3r), Wis Sats, Incorporated by Reference. Section 961.41(3r), Wis Stats, to the extent such statutory section requires any act to be performed or prohibits any act, is hereby adopted and by reference made a part of this section of the Code as if fully set forth herein. Any act required to be performed or prohibited by 9-13
    § 961.41(3r), Wis Stats, is required or prohibited by this section of the Code.
  3. Definitions. Those definitions included within Chapter 161, Wisconsin Statutes, are hereby adopted and by reference made a part of this section of the Code as if fully set forth herein.
  4. Penalties. Penalties for violation of this section of the Code shall be assessed as set forth in § 961.41(3r), Wis Stats.
  5. Effective Date. This ordinance shall be in full force and effect as of January 1, 1995.
9.18 POSSESSION OF DRUG PARAPHERNALIA.
  1. Authority. This section of the Code is adopted under the authority granted by § 59.07(64) and Chapter 961, Wis Stats.
  2. Section 961.573, Wis Stats, Incorporated by Reference. Section 961.573, Wis Stats, to the extent such statutory section requires any act to be performed or prohibits any act is hereby adopted and by reference made a part of this section of the Code as if fully set forth herein. Any act required to be performed or prohibited by § 961.573, Wis Stats, is required or prohibited by this section of the Code.
  3. Definitions. Those definitions as set forth in Chapter 961, Wis Stats, specifically as set forth in §§ 161.01 and 961.571, Wis Stats, are hereby adopted and by reference made a part of this section of the Code as if fully set forth herein.
  4. Penalties. Penalties for violation of this section of the Code shall be assessed as set forth in § 961.573(1), Wis Stats.
  5. Effective Date. This ordinance shall be in full force and effect as of January 1, 1995.

Wood Co

WOOD COUNTY ORDINANCE #236
PROHIBITION OF POSSESION OF DRUG PARAPHERNALIA
Section 1. To create the Wood County Drug Paraphernalia Ordinance to read as follows
236.01 DEFINITIONS
In this ordinance the definition of "drug paraphernalia" includes and incorporates by reference the definition as stated in section 961.571, Wis. Stats.
236.02 DETERMINATION
In determining whether an object is drug paraphernalia, a court or other authority shall consider the factors stated in section 961.572, Wis. Stats.
236.03 USE OR 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 Chapter 961, Wis. Stats.
236.04 PENALTY
Any person who violates any provision of this ordinance shall, upon conviction, be subject to a forfeiture of not less than $25, nor more than $200.
Section 2. This ordinance will supercede any ordinance in conflict therewith and shall take effect upon passage and publication, as required by law.
WOOD COUNTY ORDINANCE #281
SYNTHETIC CANNABINOID PROHIBITED
SECTION 1. That chapter 281 of the Wood County Code of Ordinances is hereby created to read as follows:
Chapter 281.01 SYNTHETIC CANNABINOID PROHIBITED

  • Possession and use are illegal. It shall be illegal for any person to use, possess, purchase, or attempt to purchase 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:
    1. Salvia divinorum 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.
    2. (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-o1, also known as HU-210.
    3. 1-Pentyl-3-(1-naphthoyl) indole, also know as JWH-018.
    4. 1-Butyl-3-(1naphthoyl) indole, also known as JWH-073.
    5. 1-(3{trifluoromethylphenyl}) piperazine, also known as TFMPP.
    6. Or any similar structural analogs.
  • Sale is illegal. It shall be illegal for any person to sell, display for sale, attempt to sell, give away or barter any of the chemicals or products set forth in (a), above.
Chapter 281.02 MEDICAL OR DENTAL USE ALLOWED.
Acts otherwise prohibited under subsection
  • 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.
281-1
Chapter 281.03 PENALTIES
Any person violating this ordinance shall be subject to the following forfeitures:
  1. Possession/use. A forfeiture of one hundred dollars to three hundred dollars, exclusive of costs, and upon failure to pay the same shall be confined in the county jail for not more than thirty days.
  2. Sale. A forfeiture of one thousand dollars to two thousand dollars, exclusive of costs, and upon failure to pay the same shall be confined in the county jail for not more than thirty days.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its date of publication.