City of Milwaukee - File #: 060086

• File #: 060086
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 5/9/2006
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 6/20/2006
• Title: Substitute resolution directing the Intergovernmental Relations Division-Department of Administration to seek introduction and passage of state legislation prohibiting the sale or any other exchange of certain drug paraphernalia.
• Sponsors: ALD. BOHL
• Indexes: CRIME PREVENTION, DRUG EDUCATION, INTERGOVERNMENTAL RELATIONS, INTERGOVERNMENTAL RELATIONS DIVISION

Date	Ver.	Action By	Action	Result	Tally
6/29/2006	1	MAYOR	SIGNED
6/20/2006	1	COMMON COUNCIL	ADOPTED	Pass	14:0
6/12/2006	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	4:0
6/2/2006	1	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
5/24/2006	1	CITY CLERK	DRAFT SUBMITTED
5/9/2006	0	COMMON COUNCIL	ASSIGNED TO

Number
060086
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. BOHL
Title
Substitute resolution directing the Intergovernmental Relations Division-Department of Administration to seek introduction and passage of state legislation prohibiting the sale or any other exchange of certain drug paraphernalia.
Analysis
Under current state law, all items that are designed for use or are primarily intended for use with tobacco are excluded from the definition of drug paraphernalia; however, there are for sale flavored tobacco products and rolling papers whose overwhelming use is for the consumption of illegal drugs. Because state law precludes the City of Milwaukee from amending the Code to consider flavored tobacco wrappers and rolling papers as drug paraphernalia, and because these items do not fit within the definition of drug paraphernalia, this resolution directs the Intergovernmental Relations Division-Department of Administration to seek state legislation that changes state law to include flavored tobacco wrappers and rolling papers in its definition of drug paraphernalia in the Controlled Substances Act.
Body
Whereas, The state’s Controlled Substances Act defines drug paraphernalia as items that are used, designed for use or are primarily intended for use in ingesting or inhaling illegal drugs, and any items that are primarily intended for use with tobacco products are excluded from the definition of drug paraphernalia; and

Whereas, However, there are now for sale in the City of Milwaukee flavored tobacco wrappers and rolling papers which are widely available at various types of establishments, and whose overwhelming use is associated with the consumption of illegal drugs; and

Whereas, It is commonly understood that flavored tobacco wrappers are not used for smoking tobacco, and the design and manufacture of flavored tobacco wrappers clearly demonstrates that these items are intended for use in the consumption of illegal drugs, as they are sold as hollow ...