SB545,54 Section 54 . 961.41 (3g) (e) of the statutes is repealed.

SB545,55 Section 55 . 961.41 (3g) (em) of the statutes is amended to read:

SB545,47,20 961.41 (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.

SB545,56 Section 56 . 961.47 (1) of the statutes is amended to read:

SB545,48,12 961.47 (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.

SB545,57 Section 57 . 961.48 (3) of the statutes is amended to read:

SB545,48,19 961.48 (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.

SB545,58 Section 58 . 961.48 (5) of the statutes is amended to read:

SB545,48,22 961.48 (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).

SB545,59 Section 59 . 961.49 (1m) (intro.) of the statutes is amended to read:

SB545,49,6 961.49 (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:

SB545,60 Section 60 . 961.571 (1) (a) 7. of the statutes is repealed.

SB545,61 Section 61 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

SB545,49,11 961.571 (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:

SB545,62 Section 62 . 961.571 (1) (a) 11. e. of the statutes is repealed.

SB545,63 Section 63 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

SB545,64 Section 64 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

SB545,49,16 Chapter 961

SB545,49,17 Subchapter VIII

SB545,49,18 regulation of Marijuana

SB545,49,19 961.70 Definitions. In this subchapter:

SB545,49,21 (2) “Legal age" means 21 years of age, except in the case of a qualifying patient, as defined in s. 73.17 (1) (d).

SB545,49,22 (5) “Permissible amount" means one of the following:

SB545,49,24 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

SB545,50,2 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

SB545,50,3 (6) “Permittee" has the meaning given under s. 139.97 (10).

SB545,50,4 (8) “Retail outlet" has the meaning given in s. 139.97 (11).

SB545,50,9 (9) “Tetrahydrocannabinols concentration" means the percent of delta-9-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 delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

SB545,50,10 (11) “Underage person" means a person who has not attained the legal age.