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-SA10,39,1715 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-SA10,40,319 961.41 (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-SA10,40,215 961.41 (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-SA10,41,924 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
25possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance

1analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
2not more than $1,000 or imprisoned for not more than 6 months or both upon a first
3conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
4purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
5prior to the offender's conviction of the offense, the offender has at any time been
6convicted of any felony or misdemeanor under this chapter or under any statute of
7the United States or of any state relating to controlled substances, controlled
8substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
9hallucinogenic drugs.

SB70-SSA2-SA10,42,211 961.47 (1) Whenever any person who has not previously been convicted of any
12offense under this chapter, or of any offense under any statute of the United States
13or of any state or of any county ordinance relating to controlled substances or
14controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
15or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
16possession of a controlled substance or controlled substance analog under s. 961.41
17(3g) (b), the court, without entering a judgment of guilt and with the consent of the
18accused, may defer further proceedings and place him or her on probation upon terms
19and conditions. Upon violation of a term or condition, the court may enter an
20adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
21terms and conditions, the court shall discharge the person and dismiss the
22proceedings against him or her. Discharge and dismissal under this section shall be
23without adjudication of guilt and is not a conviction for purposes of disqualifications
24or disabilities imposed by law upon conviction of a crime, including the additional

1penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
2only one discharge and dismissal under this section with respect to any person.

SB70-SSA2-SA10,42,94 961.48 (3) For purposes of this section, a felony offense under this chapter is
5considered a 2nd or subsequent offense if, prior to the offender's conviction of the
6offense, the offender has at any time been convicted of any felony or misdemeanor
7offense under this chapter or under any statute of the United States or of any state
8relating to controlled substances or controlled substance analogs, narcotic drugs,
9marijuana or depressant, stimulant, or hallucinogenic drugs.

SB70-SSA2-SA10,42,1211 961.48 (5) This section does not apply if the person is presently charged with
12a felony under s. 961.41 (3g) (c), (d), (e), or (g).

SB70-SSA2-SA10,42,2214 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
15or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
16(f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
17base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
18psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any
19form of tetrahydrocannabinols or a controlled substance analog of any of these
20substances and the delivery, distribution or possession takes place under any of the
21following circumstances, the maximum term of imprisonment prescribed by law for
22that crime may be increased by 5 years: