§ 46-205. Possession, manufacture and delivery of drug paraphernalia.

(a)

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

Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, selling, distributing, delivering, 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, as defined in Wis. Stats. ch. 961, in violation of this section. It includes, but is not limited to:

(1)

Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)

Kits used, intended for use, or designed for use in manufacturing, selling, distributing, delivering, compounding, converting, producing, processing, or preparing controlled substances.

(3)

Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4)

Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances.

(5)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6)

Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7)

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.

(9)

Capsules, balloons, envelopes or other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

(11)

Hypodermic syringes, needles, or other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

(12)

Objects used, intended for use, 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:

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.

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.

Chillums;

l.

Bongs;

m.

Ice pipes or chillers.

(b)

Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, Wis. Stats. § 961.572 controls, as well as the following:

(1)

The proximity of the object to controlled substances.

(2)

The existence of any residue of controlled substance on the object.

(3)

Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom the person knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of this object, as to a direct violation of this section, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

(4)

Oral or written instructions provided with the object concerning its use.

(5)

Descriptive materials accompanying the object which explain or depict its use.

(6)

National and local advertising concerning its use.

(7)

The manner in which the object is displayed for sale.

(8)

Direct or circumstantial evidence of the ratio of sales of the object to the total sale of the business enterprise.

(9)

The existence and scope of legitimate uses for the object in the community.

(10)

Expert testimony concerning its use.

(c)

Prohibited acts. Prohibited acts concerning drug paraphernalia are those covered by Wis. Stats. § 961.573, as well as:

(1)

Delivery by minor to minor. Any person who is under 18 years of age, who delivers drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator, is guilty of a special offense.

(2)

Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Wis. Stats. ch. 961. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Wis. Stats. ch. 161.

(d)

Penalties. Any person who violates subsection (c) of this section shall, upon conviction, be subject to disposition under Wis. Stats. § 938.344(2c).

(Code 1994, § 11-5-6)