SB790: Bill Text

SB790,10,20 961.47 (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. For purposes of this subsection, a conviction does not count as a previous conviction if it was for an offense under s. 961.41 (3g) (e) 1. or 2. or, if the conviction was for marijuana possession, if the conviction involved not more than 28 grams. 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.

SB790,11 Section 11 . 961.48 (3) of the statutes is amended to read:

SB790,11,5 961.48 (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, except for a misdemeanor under s. 961.41 (3g) (e) 2., 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, except that, if the statute relates to marijuana possession, only felonies or misdemeanors involving more than 28 grams may be counted.

SB790,12 Section 12. 961.571 (1) (a) (intro.), 1., 2., 3., 4., 5., 6., 8., 9. and 10. of the statutes are renumbered 961.571 (1) (ag) (intro.), 1., 2., 3., 4., 5., 6., 7., 8. and 9.

SB790,13 Section 13. 961.571 (1) (a) 7. of the statutes is renumbered 961.571 (1) (c) 1.

SB790,14 Section 14. 961.571 (1) (a) 11. (intro.) of the statutes is renumbered 961.571 (1) (ag) 11. (intro.) and amended to read:

SB790,11,13 961.571 (1) (ag) 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:

SB790,15 Section 15. 961.571 (1) (a) 11. a., b., c., d., f., g., h., i., j. and m. of the statutes are renumbered 961.571 (1) (ag) 11. a., b., c., d., e., f., g., h., i. and j.

SB790,16 Section 16. 961.571 (1) (a) 11. e., k. and L. of the statutes are renumbered 961.571 (1) (c) 2. a., b. and c.

SB790,17 Section 17. 961.571 (1) (ac) of the statutes is created to read:

SB790,11,20 961.571 (1) (ac) Notwithstanding s. 961.01 (4), “controlled substance” does not include tetrahydrocannabinols or marijuana.

SB790,18 Section 18. 961.571 (1) (b) 3. of the statutes is created to read:

SB790,11,22 961.571 (1) (b) 3. Marijuana paraphernalia.

SB790,19 Section 19. 961.571 (1) (c) (intro.) and 2. (intro.) of the statutes are created to read:

SB790,12,8 961.571 (1) (c) (intro.) “Marijuana paraphernalia” means all equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body tetrahydrocannabinols or marijuana in violation of this chapter. “Marijuana paraphernalia" includes, but is not limited to, any of the following:

SB790,12,11 2. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana into the human body, such as:

SB790,20 Section 20. 961.572 (1m) of the statutes is created to read:

SB790,12,15 961.572 (1m) In determining whether an object is marijuana paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:

SB790,12,17 (a) Statements by an owner or by anyone in control of the object concerning its use.

SB790,12,19 (b) The proximity of the object, in time and space, to a direct violation of this chapter.

SB790,12,20 (c) The proximity of the object to marijuana.

SB790,12,21 (d) The existence of any residue of marijuana on the object.

SB790,13,2 (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 marijuana paraphernalia.

SB790,13,3 (f) Instructions, oral or written, provided with the object concerning its use.

SB790,13,5 (g) Descriptive materials accompanying the object that explain or depict its use.

SB790,13,6 (h) Local advertising concerning its use.

SB790,13,7 (i) The manner in which the object is displayed for sale.

SB790,13,10 (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.

SB790,13,11 (k) The existence and scope of legitimate uses for the object in the community.

SB790,13,12 (L) Expert testimony concerning its use.

SB790,21 Section 21. 961.573 (title) of the statutes is amended to read:

SB790,13,14 961.573 (title) Possession of drug or marijuana paraphernalia.

SB790,22 Section 22. 961.573 (1m) of the statutes is created to read:

SB790,13,21 961.573 (1m) No person may use, or possess with the primary intent to use, marijuana paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body marijuana or tetrahydrocannabinol in violation of this chapter. Any person who violates this subsection may be subject to a civil forfeiture of no more than $10.

SB790,23 Section 23. 961.574 (title) of the statutes is amended to read:

SB790,13,24 961.574 (title) Manufacture or delivery of drug or marijuana paraphernalia.

SB790,24 Section 24. 961.574 (1m) of the statutes is created to read:

SB790,14,7 961.574 (1m) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, marijuana paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body marijuana or tetrahydrocannabinol in violation of this chapter. Any person who violates this subsection may be subject to a civil forfeiture of not more than $10.

SB790,25 Section 25. 961.577 of the statutes is amended to read:

SB790,14,13 961.577 Municipal ordinances. Nothing in this subchapter precludes a city, village, or town from prohibiting conduct that is the same as that prohibited by s. 961.573 (1), (1m), or (2), 961.574 (1), (1m), or (2), or 961.575 (1) or (2) or a county from prohibiting conduct that is the same as that prohibited by s. 961.573 (1), (1m), or (2), 961.574 (1), (1m), or (2), or 961.575 (1) or (2).

SB790,14,14 (End)