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AB68-SSA1,3389 11Section 3389 . 961.41 (3g) (d) of the statutes is amended to read:
AB68-SSA1,1532,312 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
13possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
14amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
15N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
16(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
17lysergic acid diethylamide, phencyclidine, amphetamine,
183,4-methylenedioxymethamphetamine, methcathinone, cathinone,
19N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
20(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
21$5,000 or imprisoned for not more than one year in the county jail or both upon a first
22conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
23purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
24prior to the offender's conviction of the offense, the offender has at any time been
25convicted of any felony or misdemeanor under this chapter or under any statute of

1the United States or of any state relating to controlled substances, controlled
2substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
3hallucinogenic drugs.
AB68-SSA1,3390 4Section 3390 . 961.41 (3g) (e) of the statutes is repealed.
AB68-SSA1,3391 5Section 3391 . 961.41 (3g) (em) of the statutes is amended to read:
AB68-SSA1,1532,166 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
7possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
8analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
9not more than $1,000 or imprisoned for not more than 6 months or both upon a first
10conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
11purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
12prior to the offender's conviction of the offense, the offender has at any time been
13convicted of any felony or misdemeanor under this chapter or under any statute of
14the United States or of any state relating to controlled substances, controlled
15substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
16hallucinogenic drugs.
AB68-SSA1,3392 17Section 3392. 961.443 (2) (title) of the statutes is amended to read:
AB68-SSA1,1532,1918 961.443 (2) (title) Immunity from criminal prosecution and revocation of
19parole, probation, or extended supervision
.
AB68-SSA1,3393 20Section 3393. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
21amended to read:
AB68-SSA1,1533,422 961.443 (2) (a) An No aider may have his or her parole, probation, or extended
23supervision revoked, and an
aider is immune from prosecution under s. 961.573 for
24the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
25controlled substance or a controlled substance analog, and under s. 961.69 (2) for

1possession of a masking agent under the circumstances surrounding or leading to his
2or her commission of an act described in sub. (1) if the aider's attempt to obtain
3assistance occurs immediately after the aider believes the other person is suffering
4from the overdose or other adverse reaction
.
AB68-SSA1,3394 5Section 3394. 961.443 (2) (b) of the statutes is created to read:
AB68-SSA1,1533,116 961.443 (2) (b) 1. No aided person may have his or her parole, probation, or
7extended supervision revoked under the circumstances surrounding or leading to an
8aider's commission of an act described in sub. (1) if the aided person completes a
9treatment program as a condition of his or her parole, probation, or extended
10supervision or, if a treatment program is unavailable or would be prohibitive
11financially, agrees to be imprisoned in the county jail for not less than 15 days.
AB68-SSA1,1533,2012 2. If an aided person is subject to prosecution under s. 961.573 for the
13possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
14controlled substance or a controlled substance analog, or under s. 961.69 (2) for
15possession of a masking agent under the circumstances surrounding or leading to an
16aider's commission of an act described in sub. (1), the district attorney shall offer the
17aided person a deferred prosecution agreement that includes the completion of a
18treatment program. This subdivision does not apply to an aided person who is on
19parole, probation, or extended supervision and fails to meet a condition under subd.
201.
AB68-SSA1,3395 21Section 3395 . 961.455 (title) of the statutes is amended to read:
AB68-SSA1,1533,23 22961.455 (title) Using a child minor for illegal drug distribution or
23manufacturing purposes.
AB68-SSA1,3396 24Section 3396 . 961.455 (1) of the statutes is amended to read:
AB68-SSA1,1534,3
1961.455 (1) Any person who has attained the age of 17 years adult who
2knowingly solicits, hires, directs, employs, or uses a person who is under the age of
317 years
minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB68-SSA1,3397 4Section 3397 . 961.455 (2) of the statutes is amended to read:
AB68-SSA1,1534,95 961.455 (2) The knowledge requirement under sub. (1) does not require proof
6of knowledge of the age of the child minor. It is not a defense to a prosecution under
7this section that the actor mistakenly believed that the person solicited, hired,
8directed, employed, or used under sub. (1) had attained the age of 18 years, even if
9the mistaken belief was reasonable.
AB68-SSA1,3398 10Section 3398 . 961.46 of the statutes is amended to read:
AB68-SSA1,1534,16 11961.46 Distribution to persons under age 18 minors. If a person 17 years
12of age or over
an adult violates s. 961.41 (1) by distributing or delivering a controlled
13substance or a controlled substance analog to a person 17 years of age or under minor
14who is at least 3 years his or her junior, the applicable maximum term of
15imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
16more than 5 years.
AB68-SSA1,3399 17Section 3399 . 961.47 (1) of the statutes is amended to read:
AB68-SSA1,1535,818 961.47 (1) Whenever any person who has not previously been convicted of any
19offense under this chapter, or of any offense under any statute of the United States
20or of any state or of any county ordinance relating to controlled substances or
21controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
22or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
23possession of a controlled substance or controlled substance analog under s. 961.41
24(3g) (b), the court, without entering a judgment of guilt and with the consent of the
25accused, may defer further proceedings and place him or her on probation upon terms

1and conditions. Upon violation of a term or condition, the court may enter an
2adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
3terms and conditions, the court shall discharge the person and dismiss the
4proceedings against him or her. Discharge and dismissal under this section shall be
5without adjudication of guilt and is not a conviction for purposes of disqualifications
6or disabilities imposed by law upon conviction of a crime, including the additional
7penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
8only one discharge and dismissal under this section with respect to any person.
AB68-SSA1,3400 9Section 3400 . 961.472 (5) (b) of the statutes is amended to read:
AB68-SSA1,1535,1210 961.472 (5) (b) The person is participating in a an evidence-based substance
11abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
12as determined by the department of justice under s. 165.95 (9) and (10).
AB68-SSA1,3401 13Section 3401 . 961.48 (3) of the statutes is amended to read:
AB68-SSA1,1535,1914 961.48 (3) For purposes of this section, a felony offense under this chapter is
15considered a 2nd or subsequent offense if, prior to the offender's conviction of the
16offense, the offender has at any time been convicted of any felony or misdemeanor
17offense under this chapter or under any statute of the United States or of any state
18relating to controlled substances or controlled substance analogs, narcotic drugs,
19marijuana or depressant, stimulant, or hallucinogenic drugs.
AB68-SSA1,3402 20Section 3402 . 961.48 (5) of the statutes is amended to read:
AB68-SSA1,1535,2221 961.48 (5) This section does not apply if the person is presently charged with
22a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB68-SSA1,3403 23Section 3403 . 961.49 (1m) (intro.) of the statutes is amended to read:
AB68-SSA1,1536,624 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
25or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)

1or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
2phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
3methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
4controlled substance analog of any of these substances and the delivery, distribution
5or possession takes place under any of the following circumstances, the maximum
6term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB68-SSA1,3404 7Section 3404 . 961.571 (1) (a) 7. of the statutes is repealed.
AB68-SSA1,3405 8Section 3405 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB68-SSA1,1536,119 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
10for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
11or hashish oil into the human body, such as:
AB68-SSA1,3406 12Section 3406 . 961.571 (1) (a) 11. e. of the statutes is repealed.
AB68-SSA1,3407 13Section 3407 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB68-SSA1,3408 14Section 3408. 961.571 (1) (b) 3. of the statutes is created to read:
AB68-SSA1,1536,1615 961.571 (1) (b) 3. Any materials used or intended for use in testing for the
16presence of fentanyl or a fentanyl analog in a substance.
AB68-SSA1,3409 17Section 3409 . 961.573 (2) of the statutes is amended to read:
AB68-SSA1,1536,1918 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
19is subject to a disposition under s. 938.344 (2e).
AB68-SSA1,3410 20Section 3410 . 961.574 (2) of the statutes is amended to read:
AB68-SSA1,1536,2221 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
22is subject to a disposition under s. 938.344 (2e).
AB68-SSA1,3411 23Section 3411 . 961.575 (1) of the statutes is amended to read:
AB68-SSA1,1537,224 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
25by delivering drug paraphernalia to a person 17 years of age or under minor who is

1at least 3 years younger than the violator may be fined not more than $10,000 or
2imprisoned for not more than 9 months or both.
AB68-SSA1,3412 3Section 3412 . 961.575 (2) of the statutes is amended to read:
AB68-SSA1,1537,54 961.575 (2) Any person minor who violates this section who is under 17 years
5of age
is subject to a disposition under s. 938.344 (2e).
AB68-SSA1,3413 6Section 3413 . 961.575 (3) of the statutes is amended to read:
AB68-SSA1,1537,97 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
8by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
9of a Class G felony.
AB68-SSA1,3414 10Section 3414 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
11is created to read:
AB68-SSA1,1537,1212 Chapter 961
AB68-SSA1,1537,1313 Subchapter VIII
AB68-SSA1,1537,1414 regulation of Marijuana
AB68-SSA1,1537,15 15961.70 Definitions. In this subchapter:
AB68-SSA1,1537,17 16(2) “Legal age" means 21 years of age, except in the case of a qualifying patient,
17as defined in s. 73.17 (1) (d).
AB68-SSA1,1537,18 18(5) “Permissible amount" means one of the following:
AB68-SSA1,1537,2019 (a) For a person who is a resident of Wisconsin, an amount that does not exceed
202 ounces of usable marijuana.
AB68-SSA1,1537,2221 (b) For a person who is not a resident of Wisconsin, an amount that does not
22exceed one-quarter ounce of usable marijuana.
AB68-SSA1,1537,23 23(6) “Permittee" has the meaning given under s. 139.97 (10).
AB68-SSA1,1537,24 24(8) “Retail outlet" has the meaning given in s. 139.97 (11).
AB68-SSA1,1538,5
1(9) “Tetrahydrocannabinols concentration" means the percent of
2delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
3Cannabis, or per volume or weight of marijuana product, or the combined percent of
4delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
5plant Cannabis regardless of moisture content.
AB68-SSA1,1538,6 6(11) “Underage person" means a person who has not attained the legal age.
AB68-SSA1,1538,7 7(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB68-SSA1,1538,9 8961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
9may sell, distribute, or deliver marijuana to any underage person.
AB68-SSA1,1538,1110 2. No permittee may directly or indirectly permit an underage person to violate
11sub. (2m).
AB68-SSA1,1538,1412 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
13more than $500 and to a suspension of the permittee's permit for an amount of time
14not to exceed 30 days.
AB68-SSA1,1538,2015 (c) In determining whether a permittee has violated par. (a) 2., all relevant
16circumstances surrounding the presence of the underage person may be considered.
17In determining whether a permittee has violated par. (a) 1., all relevant
18circumstances surrounding the selling, distributing, or delivering of marijuana may
19be considered. In addition, proof of all of the following facts by the permittee is a
20defense to any prosecution for a violation under par. (a):
AB68-SSA1,1538,2221 1. That the underage person falsely represented that he or she had attained the
22legal age.
AB68-SSA1,1538,2423 2. That the appearance of the underage person was such that an ordinary and
24prudent person would believe that the underage person had attained the legal age.
AB68-SSA1,1539,3
13. That the action was made in good faith and in reliance on the representation
2and appearance of the underage person in the belief that the underage person had
3attained the legal age.
AB68-SSA1,1539,54 4. That the underage person supported the representation under subd. 1. with
5documentation that he or she had attained the legal age.
AB68-SSA1,1539,7 6(2) Any underage person who does any of the following is subject to a forfeiture
7of not less than $250 nor more than $500:
AB68-SSA1,1539,88 (a) Procures or attempts to procure marijuana from a permittee.
AB68-SSA1,1539,109 (b) Falsely represents his or her age for the purpose of receiving marijuana from
10a permittee.
AB68-SSA1,1539,1111 (c) Knowingly possesses or consumes marijuana.
AB68-SSA1,1539,1212 (d) Violates sub. (2m).
AB68-SSA1,1539,15 13(2m) An underage person not accompanied by his or her parent, guardian, or
14spouse who has attained the legal age may not enter, knowingly attempt to enter, or
15be on the premises of a retail outlet.
AB68-SSA1,1539,17 16(3) An individual who has attained the legal age and who knowingly does any
17of the following may be subject to a forfeiture that does not exceed $1,000:
AB68-SSA1,1539,1918 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
19owned by the individual or under the individual's control.
AB68-SSA1,1539,2020 (b) Encourages or contributes to a violation of sub. (2) (a).
AB68-SSA1,1539,24 21961.72 Restrictions; penalties. (1) No person except a permittee may sell,
22or possess with the intent to sell, marijuana. No person may distribute or deliver,
23or possess with the intent to distribute or deliver, marijuana except a permittee. Any
24person who violates a prohibition under this subsection is guilty of the following:
AB68-SSA1,1539,2525 (a) Except as provided in par. (b), a Class I felony.
AB68-SSA1,1540,4
1(b) If the individual to whom the marijuana is, or is intended to be, sold,
2distributed, or delivered has not attained the legal age and the actual or intended
3seller, distributor, or deliverer is at least 3 years older than the individual to whom
4the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
AB68-SSA1,1540,8 5(2) (a) A person that is not a permittee who possesses an amount of marijuana
6that exceeds the permissible amount but does not exceed 28 grams of marijuana is
7subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days
8or both.
AB68-SSA1,1540,109 (b) A person who is not a permittee who possesses an amount of marijuana that
10exceeds 28 grams of marijuana:
AB68-SSA1,1540,1111 1. Except as provided in subd. 2., a Class B misdemeanor.
AB68-SSA1,1540,1312 2. A Class I felony if the person has taken action to hide how much marijuana
13the person possesses and any of the following applies:
AB68-SSA1,1540,1614 a. The person has in place a system that could alert the person if law
15enforcement approaches an area that contains marijuana if the system exceeds a
16security system that would be used by a reasonable person in the person's region.
AB68-SSA1,1540,1917 b. The person has in place a method of intimidating individuals who approach
18an area that contains marijuana if the method exceeds a method that would be used
19by a reasonable person in the person's region.
AB68-SSA1,1540,2120 c. The person has rigged a system so that any individual approaching the area
21may be injured or killed by the system.
AB68-SSA1,1540,2322 (c) A person who is not a permittee who possesses more than 6 marijuana plants
23that have reached the flowering stage at one time is one of the following:
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