SB70-SSA2-SA10,36,2017 157.06 (11) (hm) Unless otherwise required by federal law, a hospital,
18physician, procurement organization, or other person may not determine the
19ultimate recipient of an anatomical gift based solely upon a positive test for the use
20of marijuana by a potential recipient.
SB70-SSA2-SA10,30 21Section 30. 157.06 (11) (i) of the statutes is amended to read:
SB70-SSA2-SA10,36,2322 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in
23this section affects the allocation of organs for transplantation or therapy.
SB70-SSA2-SA10,31 24Section 31. 250.22 of the statutes is created to read:
SB70-SSA2-SA10,37,4
1250.22 Payments to counties. The department shall promulgate rules to
2establish grants to counties to support mental health and substance use disorder
3services. The department shall fund all grants established under this section from
4the appropriation under s. 20.435 (5) (q).
SB70-SSA2-SA10,32 5Section 32. 289.33 (3) (d) of the statutes is amended to read:
SB70-SSA2-SA10,37,236 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
7authorization, approval, variance or exception or any restriction, condition of
8approval or other restriction, regulation, requirement or prohibition imposed by a
9charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
10a town, city, village, county or special purpose district, including without limitation
11because of enumeration any ordinance, resolution or regulation adopted under s.
1291.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
13(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
14(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
15(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
16(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
17(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1859.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
19(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
20and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
2161.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2287.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
23of ch. 91.
SB70-SSA2-SA10,33 24Section 33. 349.02 (2) (b) 4. of the statutes is amended to read:
SB70-SSA2-SA10,38,2
1349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
266.0107 (1) (bm).
SB70-SSA2-SA10,34 3Section 34. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended
4to read:
SB70-SSA2-SA10,38,165 961.70 (2) “Marijuana" means all parts of the plants of the genus Cannabis,
6whether growing or not; the seeds thereof; the resin extracted from any part of the
7plant; and every compound, manufacture, salt, derivative, mixture , or preparation
8of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration
9of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or
10preparation is greater than 0.3 percent on a dry weight basis
. “Marijuana" does
11include the mature stalks if mixed with other parts of the plant, but does not include
12fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
13compound, manufacture, salt, derivative, mixture, or preparation of the mature
14stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed
15of the plant which is incapable of germination. “Marijuana” does not include hemp,
16as defined in s. 94.55 (1).
SB70-SSA2-SA10,35 17Section 35. 961.11 (4g) of the statutes is repealed.
SB70-SSA2-SA10,36 18Section 36. 961.14 (4) (t) of the statutes is repealed.
SB70-SSA2-SA10,37 19Section 37. 961.32 (2m) of the statutes is repealed.
SB70-SSA2-SA10,38 20Section 38. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
21renumbered, is amended to read:
SB70-SSA2-SA10,38,22 22961.75 (title) Controlled substances Marijuana therapeutic research.
SB70-SSA2-SA10,39 23Section 39. 961.38 (1n) of the statutes is repealed.
SB70-SSA2-SA10,40 24Section 40. 961.41 (1) (h) of the statutes is repealed.
SB70-SSA2-SA10,41 25Section 41. 961.41 (1m) (h) of the statutes is repealed.
SB70-SSA2-SA10,42
1Section 42. 961.41 (1q) of the statutes is repealed.
SB70-SSA2-SA10,43 2Section 43. 961.41 (1r) of the statutes is amended to read:
SB70-SSA2-SA10,39,133 961.41 (1r) Determining weight of substance. In determining amounts under
4s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
5of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic
6acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
7tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any
8controlled substance analog of any of these substances together with any compound,
9mixture, diluent, plant material or other substance mixed or combined with the
10controlled substance or controlled substance analog. In addition, in determining
11amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
12means anything included under s. 961.14 (4) (t) and includes the weight of any
13marijuana.
SB70-SSA2-SA10,44 14Section 44. 961.41 (1x) of the statutes is amended to read:
SB70-SSA2-SA10,39,1715 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
16to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the
17applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).
SB70-SSA2-SA10,45 18Section 45. 961.41 (3g) (c) of the statutes is amended to read:
SB70-SSA2-SA10,40,319 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
20possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
21base, the person shall be fined not more than $5,000 and may be imprisoned for not
22more than one year in the county jail upon a first conviction and is guilty of a Class
23I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
24is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
25offense, the offender has at any time been convicted of any felony or misdemeanor

1under this chapter or under any statute of the United States or of any state relating
2to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
3or depressant, stimulant, or hallucinogenic drugs.
SB70-SSA2-SA10,46 4Section 46. 961.41 (3g) (d) of the statutes is amended to read:
SB70-SSA2-SA10,40,215 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
6possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
7amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
8N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
9(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
10lysergic acid diethylamide, phencyclidine, amphetamine,
113,4-methylenedioxymethamphetamine, methcathinone, cathinone,
12N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
13(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
14$5,000 or imprisoned for not more than one year in the county jail or both upon a first
15conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
16purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
17prior to the offender's conviction of the offense, the offender has at any time been
18convicted of any felony or misdemeanor under this chapter or under any statute of
19the United States or of any state relating to controlled substances, controlled
20substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
21hallucinogenic drugs.
SB70-SSA2-SA10,47 22Section 47. 961.41 (3g) (e) of the statutes is repealed.