16.17 REGULATIONS CONCERNING ILLEGAL SUBSTANCES AND THE ILLEGAL USE OF LEGAL SUSTANCES AND PARAPHERNALIA.

(1)    DEFINITIONS. In this sections:

(a)    CANNABIS. The resin extracted from any part of the plant Cannabis Sativa L., or any other nonfibrous extract from any part of the plant containing delta-9- tetrahydrocannabinol.

(b)    CASUALLY POSSESS. The possession of not more than twenty-five (25) grams of a substance containing Cannabis or Marijuana.

(c)    MARIJUANA. All parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds. It does not include Cannabis or any other compound, manufacture sale, derivative, mixture, or preparation of the mature stalks, fiber oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(d)    PRACTITIONER.

1.    A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute dispense, conduct research with to or administer a controlled substance in the course of professional practice or research in this state.

2.    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 of research in this state.

(e)    PUBLIC PLACE. A place which is in public ownership or a place to which the public has access; distinguished from a private place.

(2)    MARIJUANA AND CANNABIS.

(a)    POSSESSION. No person shall casually possess Marijuana or Cannabis unless such Marijuana or Cannabis was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of her, his, or its professional practice.

(b)    PENALTIES. A violation of Subsection (3) of this ordinance with the respect to the following amounts shall be subject to the following forfeiture:

1.    Possession of .1g – 4.9grams of any substance containing Marijuana and Cannabis shall be subject to a forfeiture of $100 together with the costs of prosecution.

2.    Possession of 5g – 14.9 grams of a substance containing Marijuana and Cannabis shall be subject to a forfeiture of $200 together with the costs of prosecution.

3.    Possession of 15g – 24.5grams of any substance containing Marijuana and Cannabis shall be subject to a forfeiture of $300 together with the costs of prosecution.

(c)    PENALTY FOR PRODUCTION. Any person who knowingly possesses or produces the Cannabis Sativa plant may be subject to a forfeiture of not less than $100.00 nor more than $500.00 together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, may be imprisoned in the Rock County Jail until such forfeiture and costs of prosecution are paid, but not to exceed 90 days, or may have their driver’s license suspended or the court may impose any other penalty as provided by State Statute.

(3)    SYNTHETIC CANNABINOID PROHIBITED.

(a)    POSSESSION, USE AND SALE. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals whether under the common street or trade names of “Spice”, “K2”, “Genie”, “Yucatan Fire” or “new” marijuana, or by any other name, label, or description.

1.    Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof; any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;

2.    (6aR, 10aR)-9-(hydroxymethyl-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a- tetrahydrobenzo[c] chromen-1-ol some trade or other names; HU-210;

3.    1-Pentyl-s-(1-naphthoyl) indole-some trade or other names: JWH-018spice;

4.    1-Butyl-3-(1-naphthoyl) indole-some trade or other names: JWH-073;

5.    1-(3 {trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP;

6.    or any similar structure analogs.

(b)    MEDICAL OR DENTAL USE. Acts otherwise prohibited under subsection (a) shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.

(c)    PENALTIES. Any adult person violating this ordinance shall be subject to a forfeiture of not less than $100.00 nor more than $500.00, exclusive of costs, and upon failure to pay the same shall be confined in the county jail for not more than 30 days.

(4)    DRUG PARAPHERNALIA PROHIBITED. Wisconsin Statutes § 961.573 is adopted by reference and made a part of this chapter as if fully set forth herein.