AB43: Bill Text

AB43,3326 Section 3326. 961.41 (1m) (h) of the statutes is repealed.

AB43,3327 Section 3327. 961.41 (1q) of the statutes is repealed.

AB43,3328 Section 3328. 961.41 (1r) of the statutes is amended to read:

AB43,,9756 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

AB43,3329 Section 3329. 961.41 (1x) of the statutes is amended to read:

AB43,,9758 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31, to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).

AB43,3330 Section 3330. 961.41 (3g) (c) of the statutes is amended to read:

AB43,,9760 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB43,3331 Section 3331. 961.41 (3g) (d) of the statutes is amended to read:

AB43,,9762 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB43,3332 Section 3332. 961.41 (3g) (e) of the statutes is repealed.

AB43,3333 Section 3333. 961.41 (3g) (em) of the statutes is amended to read:

AB43,,9765 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB43,3334 Section 3334. 961.443 (2) (title) of the statutes is amended to read:

AB43,,9767 961.443 (2) (title) Immunity from criminal prosecution and revocation of parole, probation, or extended supervision.

AB43,3335 Section 3335. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and amended to read:

AB43,,9769 961.443 (2) (a) An No aider may have his or her parole, probation, or extended supervision revoked, and an aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1) if the aider’s attempt to obtain assistance occurs immediately after the aider believes the other person is suffering from the overdose or other adverse reaction.

AB43,3336 Section 3336. 961.443 (2) (b) of the statutes is created to read:

AB43,,9771 961.443 (2) (b) 1. No aided person person may have his or her parole, probation, or extended supervision revoked under the circumstances surrounding or leading to an aider’s commission of an act described in sub. (1) if the aided person completes a treatment program as a condition of his or her parole, probation, or extended supervision or, if a treatment program is unavailable or would be prohibitive financially, agrees to be imprisoned in the county jail for not less than 15 days.

AB43,,9772 2. If an aided person is subject to prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider’s commission of an act described in sub. (1), the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.

AB43,3337 Section 3337. 961.455 (title) of the statutes is amended to read:

AB43,,9774 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB43,3338 Section 3338. 961.455 (1) of the statutes is amended to read:

AB43,,9776 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB43,3339 Section 3339. 961.455 (2) of the statutes is amended to read:

AB43,,9778 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

AB43,3340 Section 3340. 961.46 of the statutes is amended to read:

AB43,,9780 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB43,3341 Section 3341. 961.47 (1) of the statutes is amended to read:

AB43,,9782 961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.

AB43,3342 Section 3342. 961.472 (5) (b) of the statutes is amended to read:

AB43,,9784 961.472 (5) (b) The person is participating in a an evidence-based substance abuse use disorder treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB43,3343 Section 3343. 961.48 (3) of the statutes is amended to read:

AB43,,9786 961.48 (3) For purposes of this section, a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant, or hallucinogenic drugs.

AB43,3344 Section 3344. 961.48 (5) of the statutes is amended to read:

AB43,,9788 961.48 (5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).

AB43,3345 Section 3345. 961.49 (1m) (intro.) of the statutes is amended to read:

AB43,,9790 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB43,3346 Section 3346. 961.571 (1) (a) 7. of the statutes is repealed.

AB43,3347 Section 3347. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

AB43,,9793 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

AB43,3348 Section 3348. 961.571 (1) (a) 11. e. of the statutes is repealed.

AB43,3349 Section 3349. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

AB43,3350 Section 3350. 961.573 (2) of the statutes is amended to read:

AB43,,9797 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB43,3351 Section 3351. 961.574 (2) of the statutes is amended to read:

AB43,,9799 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB43,3352 Section 3352. 961.575 (1) of the statutes is amended to read:

AB43,,9801 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB43,3353 Section 3353. 961.575 (2) of the statutes is amended to read:

AB43,,9803 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB43,3354 Section 3354. 961.575 (3) of the statutes is amended to read:

AB43,,9805 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB43,3355 Section 3355. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

AB43,,9807 CHAPTER 961

AB43,,9808 SUBCHAPTER VIII

AB43,,9809 REGULATION OF MARIJUANA

AB43,,9810 961.70 Definitions. In this subchapter:

AB43,,9811 (1) “Extreme measure to avoid detection” means any of the following:

AB43,,9812 (a) A system that aims to alert a person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person’s region.

AB43,,9813 (b) A method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person’s region.

AB43,,9814 (c) A system that is designed so that an individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB43,,9815 (1m) “Legal age” means 21 years of age, except that in the case of a qualifying patient, as defined in s. 73.17 (1) (d), “legal age” means 18 years of age.

AB43,,9816 (3) “Permissible amount” means one of the following:

AB43,,9817 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

AB43,,9818 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

AB43,,9819 (4) “Permittee” has the meaning given under s. 139.97 (10).

AB43,,9820 (5) “Retail outlet” has the meaning given in s. 139.97 (11).

AB43,,9821 (6) “Tetrahydrocannabinols concentration” means the percent of tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

AB43,,9822 (7) “Underage person” means a person who has not attained the legal age.

AB43,,9823 (8) “Usable marijuana” has the meaning given in s. 139.97 (13).

AB43,,9824 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person.

AB43,,9825 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

AB43,,9826 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not more than $500 and to a suspension of the permittee’s permit for an amount of time not to exceed 30 days.

AB43,,9827 (c) In determining whether a permittee has violated par. (a) 2., all relevant circumstances surrounding the presence of the underage person may be considered. In determining whether a permittee has violated par. (a) 1., all relevant circumstances surrounding the selling, distributing, or delivering of marijuana may be considered. In addition, proof of all of the following facts by the permittee is a defense to any prosecution for a violation under par. (a):

AB43,,9828 1. That the underage person falsely represented that he or she had attained the legal age.

AB43,,9829 2. That the appearance of the underage person was such that an ordinary and prudent person would believe that the underage person had attained the legal age.

AB43,,9830 3. That the action was made in good faith and in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

AB43,,9831 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

AB43,,9832 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB43,,9833 (a) Procures or attempts to procure marijuana from a permittee.

AB43,,9834 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

AB43,,9835 (c) Knowingly possesses or consumes marijuana.

AB43,,9836 (d) Violates sub. (2m).

AB43,,9837 (2m) An underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal age may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

AB43,,9838 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

AB43,,9839 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises owned by the individual or under the individual’s control.

AB43,,9840 (b) Encourages or contributes to a violation of sub. (2) (a).

AB43,,9841 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following: