§ 130.41 POSSESSION OF MARIJUANA AND POSSESSION, MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA PROHIBITED.
   (A)   No person may possess 25 grams or less of marijuana, as defined in Wis. Stats. § 961.01(14), unless the person obtains the substance or the analog 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 the person is otherwise authorized by this chapter to possess the substance or the analog. A person who is charged with possession of any amount of marijuana following a conviction for possession of marijuana in this state shall not be prosecuted under this division.
   (B)   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.
   (C)   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.
   (E)   Any person who violates divisions (A) or (B) may be required to forfeit not more than $50. Any person who violates division (C) may be required to forfeit not more than $500.
   (F)   Any person who violates divisions (B) or (C) who is under 17 years of age is subject to a disposition under Wis. Stats. § 938.344(2e).
   (G)   Any person 17 years of age or over who violates division (C) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator may be required to forfeit not more than $1,000.
(Ord. 2014-2, passed 2-6-14)