HomeMy WebLinkAboutOrdinance 2018 (872) Ordinance No. 872 (2018)
ST. C}� U1`�'� Y ORDINANCE REPEALING CURRENT CHAPTER 58, POSSESSION OF
" - DRUG PARAPHERNALIA, AND CHAPTER 59, POSSESSION OR USE
OF MARIJUANA, AND RECREATING CHAPTER 58, POSSESSION OF
CONTROLLED SUBSTANCE AND DRUG PARAPHERNALIA
1 WHEREAS, the St. Croix County Board of Supervisors enacted Chapter 58 -Possession
2 of Drug Paraphernalia, Ordinance No. 608 (2002) on January 15, 2002 and Amended on March
3 19, 2002; and
4
5 WHEREAS, the St. Croix County Board of Supervisors enacted Chapter 59 - Ordinance
6 Prohibiting Possession Or Use of Marijuana, Ordinance No. 47 (198 1) on June 9th, 1981; and
7
8 WHEREAS, Chapter 58 and 59 of the St. Croix County Code of Ordinances should be
9 revised to reflect current law.
10
11 THEREFORE, the County Board of Supervisors of the County of St. Croix does ordain
12 as follows:
13
14 Chapters 58 and 59 - of the St. Croix County Code of Ordinances are hereby repealed and
15 recreated as Chapter 58 of the St. Croix County Code of Ordinances, attached hereto - entitled
16 "Possession of Controlled Substance and Drug Paraphernalia".
10/5/18 Enacted
Roll Call -Vote Requirement—
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RESULT: ENACTED [UNANIMOUS]
MOVER: Scott Nordstrand, Supervisor
SECONDER: Roy Sjoberg, Supervisor
AYES: Schachtner, Nordstrand, Miller, Coulter, Sjoberg, Long, Moothedan, Feidler,
Larson, Hansen, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
ABSENT: Dan Fosterling, Dave Ostness, District 13
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on November 6, 2018
Cindy Campbell, County Clerk
CHAPTER 58
POSSESSION OF CONTROLLED SUBSTANCE AND DRUG PARAPHERNALIA
58.01 POSSESSION OR USE.
(a) It is a violation for any person to possess tetrahydrocannabinol, listed at Wis. Stat. §
961.14(4)(t), or synthetic cannabinoids included under Wis. Stat. § 961.14(4)(tb) except as
provided in Wis. Stat. § 961.41(3g)(intro.),unless directly obtained from, or pursuant to, a
valid prescription of order of a practitioner while acting in the course of his or her
professional practice, or except as otherwise authorized by law. Whoever violates this
section may be penalized as provided in this chapter. Pursuant to Wis. Stat. § 961.32(3)(b)
it is not a violation of this chapter to plant, grow, cultivate, harvest, sample, test, process,
transport, transfer, take possession, sell, import, and export industrial hemp in accordance
with the rules of the department of agriculture, trade and consumer protection under Wis.
Stat. § 94.55(2)(b).
(b) 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, ingest, inhale or otherwise, introduce, into
the human body, a controlled substance or controlled substance analog in violation of Wis.
Stat. § 961.573(1).
58.02 DEFINITIONS.
In this chapter the following definitions are included and incorporated by reference as follows:
(a) "Drug Paraphernalia" has the same meaning as the definition found in section 961.571 of
the Wisconsin Statutes.
(b) "Industrial hemp" has the same meaning as the definition found in section 94.55(1) of the
Wisconsin Statutes.
(c) "Marijuana" (defined as tetrahydrocannabinols under section 961.14(4)(t) of the
Wisconsin Statutes)has the same meaning as the definition found in section 961.01(14)
of the Wisconsin Statutes.
(d) "Synthetic cannabinoid" includes all controlled substances defined under section
961.14(4)(tb) of the Wisconsin Statutes, or an analog of those controlled substances.
58.03 DETERMINATION.
(a) In determining whether an object is drug paraphernalia, a court or other authority shall
consider the factors stated in Wis. Stat. § 961.572.
(b) The weight of the substance includes the tetrahydrocannabinols and the weight of any
marijuana that contained the tetrahydrocannabinols.
58.04 EXEMPTION.
(a) It is not necessary for the County to negate any exemption or exception in this section in
any complaint or other pleading or in any trial, hearing or other proceeding under this
section. The burden of proof of any exemption or exception is upon the person claiming it.
(b) This ordinance shall not apply to any person who:
(1) Is charged with possession of more than 25 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.
58.05 LIABILITY.
No liability is imposed by this section upon any authorized state, County or municipal officer or
employee engaged in the lawful performance of his or her duties.
58.06 PENALTY.
Any person who violates any provision of this chapter shall, upon conviction, be subject to a
forfeiture of not less than $125, nor more than $500.
58.07 AMENDMENTS.
Any future amendments,revisions, or modifications of Wisconsin Statute Chapters 94 and 961, or
any other statutes referred to in this ordinance are intended to be made part of this ordinance as
such amendments, revisions, or modifications are made to said statutes.
58.08 EFFECTIVE DATE.
This ordinance shall be effective the day after its publication.
Chapter 58 — Ordinance No. 608 (2002)—January, 2002, Amended March, 2002
Chapter 59 - Ordinance No. 47 (198 1)—June, 1981.
Repealed and Recreated: Ordinance No. (2018)-
CHAPTER 58
POSSESSION OF DRUG PARAPHERNALIA
SECTION 1.
"Drug paraphernalia" has the definition contained in Wis. Stats. §961.571 or any subsequent
amendment thereto.
SECTION 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 as defined in Wis. Stats. §961.01(1).
SECTION 3.
Any person who violates this ordinance may be fined not more than $500 and, in default of the
payment of the fine, imprisoned in the St. Croix County Jail for not more than 30 days.
SECTION 4.
Any person who violates this ordinance who is under 17 years of age is subject to a disposition
under Wis. Stats. §938.344(2e).
SECTION 5.
This ordinance shall take effect and be in force from and after its passage and publication pursuant to
Wisconsin Law(effective the day after publication).
Ordinance No. 608 & 608A—March, 2002
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 this 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 forfeiture 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(8 1)-June, 1981