|
Madison WI Possession of Drug
Paraphernalia Lawyer Attorney
Wisconsin law makes it a crime to possess drug
paraphernalia with the primary intent to use the drug paraphernalia
to ingest, inhale or otherwise introduce a controlled substance into
the human body in violation of the Wisconsin drug laws. To prove
the charge, the state needs to prove possession, which may either be
constructive or actual possession. These two concepts are explained
above in the section on possession. The state needs to prove that
the item is drug paraphernalia, which includes all equipment,
products and materials that are used, designed for use or primarily
intended to be used to introduce a controlled substance into the
body. Items used to plant, propagate or manufacture a controlled
substance may also qualify as drug paraphernalia. There is a
specific statute in the Wisconsin drug law that sets forth a
standard for deciding whether an object is drug paraphernalia. It
states as follows:
961.572 Determination
(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:
(a) Statements by an
owner or by anyone in control of the object concerning its use.
(b) The proximity of the
object, in time and space, to a direct violation of this chapter.
(c) The proximity of the
object to controlled substances or controlled substance analogs.
(d) The existence of any
residue of controlled substances or controlled substance analogs on
the object.
(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.
(f) Instructions, oral or
written, provided with the object concerning its use.
(g) Descriptive materials
accompanying the object that explain or depict its use.
(h) Local advertising
concerning its use.
(i) The manner in which
the object is displayed for sale.
(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.
(k) The existence and
scope of legitimate uses for the object in the community.
(L) Expert testimony
concerning its use.
(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.
(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.
|
