2018-718 ORDINANCE NO. 2018 - 718
An Ordinance prohibiting possession of marijuana and drug paraphernalia with penalties
as set forth in newly created J.G.O. 9.55.060.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 9.55 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
CHAPTER 9.55
POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA PROHIBITED
Section 9.55.010 Definitions.
Section 9.55.020 Possession of Marijuana Prohibited - Exceptions
Section 9.55.030 Adoption of State Law Prohibiting Possession of Drug
Paraphernalia
Section 9.55.040 Possession of Drug Paraphernalia Prohibited - Determination
Section 9.55.050 Seizure.
Section 9.55.060 Violation--Penalty
9.55.010 Definitions.
In this chapter:
A. "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 as defined in Chapter 961, Wis. Stats. "Primarily" means chiefly or
mainly. Hypodermic syringes, needles and other objects used or intended for use in parenterally
injecting substances into the human body and any items, including pipes, papers and
accessories, that are designed for use or primarily intended for use with tobacco products are
excluded from this definition. "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 from 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 devices used, designed for use or primarily intended for use in
increasing the potency of any species of plant that 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.
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:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or
without screens, permanent screens, hashish heads or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. 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.
f. Miniature cocaine spoons and cocaine vials.
g. Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chilams.
I. Bongs.
m. Ice pipes or chillers.
B. "Practitioner" means:
1. A physician, advanced practice nurse, dentist, veterinarian, podiatrist,
optometrist, scientific investigator or, subject to Section 448.21 (3) of the Wisconsin Statutes, a
physician assistant, or other person licensed, registered, certified or otherwise permitted to
distribute, dispense, conduct research with respect to, administer or use in teaching or chemical
analysis a controlled substance in the course of professional practice or research in the State of
Wisconsin.
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 the State of Wisconsin.
9.55.020 Possession of Marijuana Prohibited - Exceptions.
A. No person shall possess marijuana, as defined in Section 961.01(14), Wis. Stats,
unless it 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, or unless otherwise authorized by
Chapter 961, Wis. Stats to possess marijuana.
B. If a complaint is issued regarding an allegation of possession of more than 25
grams of marijuana, or possession of any amount of marijuana following a conviction in the
State of Wisconsin for possession of marijuana, the subject of the complaint may not be
prosecuted under this Section for the same action that is the subject of the complaint unless the
charges are dismissed or the district attorney declines to prosecute the case as required by
Section 66.0107(1)(bm) of the Wisconsin Statutes.
9.55.030 Adoption of State Law Prohibiting Possession of Drug Paraphernalia
A. Section 961.573(1) of the Wisconsin Statutes, as from time to time amended,
revised, or renumbered prohibiting the possession of drug paraphernalia is hereby adopted by
reference and incorporated herein as if fully set forth as permitted by Sections 66.0107(1)(bp)
and 961.577 of the Wisconsin Statutes.
9.55.040 Possession of Drug Paraphernalia Prohibited - Determination.
A. 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 as defined in Chapter 961, Wis. Stats.
B. 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 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.
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 its use.
C. In determining under this Section 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.
D. In determining under this Section whether an item is primarily intended for a
particular use, a court or other authority shall consider the subjective intent of the defendant.
9.55.050 Seizure.
A. A law enforcement officer shall seize any marijuana or drug paraphernalia
involved in a violation of any provision of this chapter committed in his or her presence.
B. All seized marijuana or drug paraphernalia shall be held as evidence by the
Janesville Police Department and, after disposition of the related case(s), be disposed of in the
manner provided by law.
9.55.060 Violation--Penalty. The penalty for violating any provision set forth in
this chapter shall be a forfeiture to the city of not less than fifty dollars nor more than five
hundred dollars together with the costs of prosecution, or in default of payment of such forfeiture
and costs, imprisonment in the county jail for not more than ninety (90) days and/or as
otherwise provided by law.
ADOPTED: June 25, 2018 Motion by: Wolfe
Second by: Jorgensen
APPROVED: Councilmember Aye Nay Pass Absent
AdAdf�'vt-- `� . Conley X
�� Farrell X
Mark A. Fr•itag, City Manager Gruber X
ATT Jorgensen X
/ Marklein X
/7 i V 7"," Williams X
P. •.' . Go.ek, ty' e - reasurer Wolfe X
APP1VED AS TO FORM:
L)' law No
Tim Wellnitz, Assistant w Attorney
Proposed by: Police Department
Prepared by: Assistant City Attorney