City of Monona Wisconsin Marijuana Ordinance

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§ 335-11Possession and use of controlled substances; marijuana.
[Amended 8-17-2009 by Ord. No. 08-09-605; 3-20-2017 by Ord. No. 2-17-686]

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 which is a narcotic drug, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner, as defined in § 961.01(19), Wis. Stats., while acting in the course of his or her professional practice, or except as otherwise authorized by this Code.

B. Possession and use of marijuana.

(1) No person shall possess or use marijuana, as defined in the Wisconsin Statutes, unless it was obtained directly from or pursuant to a valid prescription or order of a practitioner, as defined in § 961.01(19), Wis. Stats., while acting in the course of his or her professional practice, or except as otherwise authorized by the Wisconsin Statutes.

(2) Subsection B(1) shall not apply to marijuana use by individuals 21 years of age or older while in or on (indoors or outdoors) either their personal residence or as a lawful invite of the owner of the residence

(3) Subsection B(1) shall not apply to marijuana possession by individuals 21 years of age or older at any location.

C. Penalty. Any person violating this section shall be subject to a forfeiture as set forth in the City’s Fee, Forfeiture and Deposit Schedule.

D. Definitions. As used in this section the following terms shall have the definitions given in this subsection:

POSSESS To have actual physical control of a substance which the person knows, believes or should reasonably believe is a controlled substance whose possession is prohibited by law. This definition is intended to be interpreted in a manner set forth in Section 6030 of the Wisconsin Criminal Jury Instructions.

USE To take any action intended to inject, ingest, inhale or otherwise introduce into the human body a controlled substance whose possession is prohibited by law.

Source: https://ecode360.com/30691306?highlight=marijuana&searchId=11074367478114199#30691306

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