(a) Possession of Controlled Substances. It is unlawful for any person to possess a controlled substance, other than a controlled substance classified in schedule I and II under Chapter 961, Wis. Stats., which is a narcotic drug, unless the substance 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 otherwise authorized by this Code of Ordinances. [See also Sec. 11-5-6 regarding Drug Paraphernalia].
(b) Possession of Marijuana.
(1) No person shall possess twenty-five (25) grams or less of marijuana (tetrahydro- cannabinols, commonly known as "THC", in any form including tetrahydrocannabinols (THC) contained in marijuana or its salts, isomers or salts of isomers, obtained from marijuana or chemically synthesized), as defined in Sec. 961.01, Wis. Stats., or except as otherwise authorized by Chapter 961, Wis. Stats.
(2) A positive Dequenois/Levine test for tetrahydrocannabinols, or other test of comparative validity, shall be prima facie evidence that the substance is or contains tetrahydrocannabinols.
(3) For purposes of this Section, "practitioner" means:
a. A physician, dentist, veterinarian, podiatrist, scientific investigator or other person 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.
b. 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.
(4) This Section does not apply to any person who is charged with possession of more than twenty-five (25) grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the State of Wisconsin.
(c) Toxic Inhalants.
(1) Definitions.
"Toxic inhalants" shall mean any glue, paint, gasoline, aerosol, adhesive cement, mucilage, plastic cement or any similar substance containing one or more of the following volatile substances:
a. Acetone;
b. Benzene;
c. Butyl alcohol;
d. Cyclohexanone;
e. Ethyl acetate;
f. Ethyl alcohol;
g. EthyJene dichloride;
h. Hexane;
i. Isopropl alcohol;
j. Methyl alcohol;
k. Methyl celosove;
I. Acetate;
m. Methyl ethyl ketone;
n. Methyl isobutyl ketone;
o. Pentachlorphenol;
p. Petroleum ether;
q. Trichlorethylene;
r. Tricresylphosphate;
s. Toluene;
t. Toluol; or
u. Any other chemical capable of producing intoxication when inhaled.
(2) Inhalation of Vapors or Fumes from Toxic Inhalants Prohibited.
No person shall inhale or otherwise introduce into his respiratory tract any toxic vapors or fumes which may be released from any toxic inhalants with the intent of becoming intoxicated, elated, excited, stupefied, irrational, paralyzed, or of changing, distorting, or disturbing his/her eyesight, thinking process, judgment, balance or muscular coordination.
(3) Limitations on Sates, Transfer, and Possession of Toxic Inhalants.
No person shall, for the purpose of violating or aiding another to violate any provision of this Subsection, possess, buy, sell, transfer possession or receive possession of any toxic inhalants.
(d) Additional Penalties. In addition to the penalties in Section 1-1-6:
(1) Adult Operating Privilege Suspension.
If any adult violates Subsections (b) or (c), the court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six (6) months nor more than five (5) years. The court shall immediately take possession of any suspended or revoked license and forward it to the Wisconsin Department of Transportation, together with the record of conviction and notice of suspension or revocation.
(2) Supervised Work Program.
If any person who is under eighteen (18) years of age violates Subsections (b) or (c), such person shall be subject to the same penalties set forth in Subsection (d)(l) or participation in a supervised work program or both.
(3) Juvenile Operating Privilege Suspension.
If any person who is under eighteen (18) years of age violates Subsections (b) or (c), the court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six (6) months nor more than five (5) years. The court shall immediately take possession of any suspended or revoked license and forward it to the Wisconsin Department of Transportation, together with the record of conviction and notice of suspension or revocation.
State Law Reference: Chapter 961, Wis. Stats.