961.571 Annotation
A tobacco pipe is excluded from the definition of drug paraphernalia under sub. (1) (b) 2. The presence of residue of a controlled substance in the pipe does not change that result. State v. Martinez,
210 Wis. 2d 397,
563 N.W.2d 922 (Ct. App. 1997).
961.572(1)(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:
961.572(1)(a)
(a) Statements by an owner or by anyone in control of the object concerning its use.
961.572(1)(b)
(b) The proximity of the object, in time and space, to a direct violation of this chapter.
961.572(1)(c)
(c) The proximity of the object to controlled substances or controlled substance analogs.
961.572(1)(d)
(d) The existence of any residue of controlled substances or controlled substance analogs on the object.
961.572(1)(e)
(e) 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.
961.572(1)(f)
(f) Instructions, oral or written, provided with the object concerning its use.
961.572(1)(g)
(g) Descriptive materials accompanying the object that explain or depict its use.
961.572(1)(i)
(i) The manner in which the object is displayed for sale.
961.572(1)(j)
(j) 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.
961.572(1)(k)
(k) The existence and scope of legitimate uses for the object in the community.
961.572(2)
(2) In determining under this subchapter 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.
961.572(3)
(3) In determining under this subchapter whether an item is primarily intended for a particular use, a court or other authority shall consider the subjective intent of the defendant.
961.572 History
History: 1989 a. 121;
1991 a. 140;
1995 a. 448 s.
311; Stats. 1995 s. 961.572.
961.573
961.573
Possession of drug paraphernalia. 961.573(1)
(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 subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
961.573(2)
(2) Any person who violates
sub. (1) who is under 17 years of age is subject to a disposition under
s. 938.344 (2e).
961.573(3)
(3) No person may use, or possess with the primary intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection is guilty of a Class H felony.
961.574
961.574
Manufacture or delivery of drug paraphernalia. 961.574(1)(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, 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 $1,000 or imprisoned for not more than 90 days or both.
961.574(2)
(2) Any person who violates
sub. (1) who is under 17 years of age is subject to a disposition under
s. 938.344 (2e).
961.574(3)
(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 manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection is guilty of a Class H felony.
961.575
961.575
Delivery of drug paraphernalia to a minor. 961.575(1)(1) Any person 17 years of age or over who violates
s. 961.574 (1) 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 for not more than 9 months or both.
961.575(2)
(2) Any person who violates this section who is under 17 years of age is subject to a disposition under
s. 938.344 (2e).
961.575(3)
(3) Any person 17 years of age or over who violates
s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under is guilty of a Class G felony.
961.576
961.576
Advertisement of drug paraphernalia. 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 for not more than 30 days or both.
961.576 History
History: 1989 a. 121;
1991 a. 140;
1995 a. 448 s.
319; Stats. 1995 s. 961.576.
961.577 History
History: 1989 a. 121;
1995 a. 448 s.
320; Stats. 1995 s. 961.577;
2003 a. 193.
MISCELLANEOUS
961.61
961.61
Uniformity of interpretation. This chapter shall be so applied and construed 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.
961.61 History
History: 1971 c. 219;
1995 a. 448 s.
322; Stats. 1995 s. 961.61.
961.62
961.62
Short title. This chapter may be cited as the "Uniform Controlled Substances Act".
961.62 History
History: 1971 c. 219;
1995 a. 448 s.
323; Stats. 1995 s. 961.62.
