SB111,3391 Section 3391 . 961.48 (3) of the statutes is amended to read:

SB111,1729,19 961.48 (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.

SB111,3392 Section 3392 . 961.48 (5) of the statutes is amended to read:

SB111,1729,22 961.48 (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).

SB111,3393 Section 3393 . 961.49 (1m) (intro.) of the statutes is amended to read:

SB111,1730,6 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, 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:

SB111,3394 Section 3394 . 961.571 (1) (a) 7. of the statutes is repealed.

SB111,3395 Section 3395 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

SB111,1730,11 961.571 (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:

SB111,3396 Section 3396 . 961.571 (1) (a) 11. e. of the statutes is repealed.

SB111,3397 Section 3397 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

SB111,3398 Section 3398 . 961.571 (1) (b) 3. of the statutes is created to read:

SB111,1730,16 961.571 (1) (b) 3. Any materials used or intended for use in testing for the presence of fentanyl or a fentanyl analog in a substance.

SB111,3399 Section 3399 . 961.573 (2) of the statutes is amended to read:

SB111,1730,19 961.573 (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).

SB111,3400 Section 3400 . 961.574 (2) of the statutes is amended to read:

SB111,1730,22 961.574 (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).

SB111,3401 Section 3401 . 961.575 (1) of the statutes is amended to read:

SB111,1731,2 961.575 (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.

SB111,3402 Section 3402 . 961.575 (2) of the statutes is amended to read:

SB111,1731,5 961.575 (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).

SB111,3403 Section 3403 . 961.575 (3) of the statutes is amended to read:

SB111,1731,9 961.575 (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.

SB111,3404 Section 3404 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

SB111,1731,12 Chapter 961

SB111,1731,13 Subchapter VIII

SB111,1731,14 regulation of Marijuana

SB111,1731,15 961.70 Definitions. In this subchapter:

SB111,1731,17 (2) “Legal age" means 21 years of age, except in the case of a qualifying patient, as defined in s. 73.17 (1) (d).