AB846,45,2314 961.41 (1r) Determining weight of substance. In determining amounts under
15s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
16of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
17psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
18cannabinoids, or substituted cathinones, or any controlled substance analog of any
19of these substances together with any compound, mixture, diluent, plant material
20or other substance mixed or combined with the controlled substance or controlled
21substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
22(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
23(4) (t) and includes the weight of any marijuana.

1961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
2to commit a crime under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g) is subject to the
3applicable penalties under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g).

AB846,46,145 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
6possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
7base, the person shall be fined not more than $5,000 and may be imprisoned for not
8more than one year in the county jail upon a first conviction and is guilty of a Class
9I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
10is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
11offense, the offender has at any time been convicted of any felony or misdemeanor
12under this chapter or under any statute of the United States or of any state relating
13to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
14or depressant, stimulant, or hallucinogenic drugs.

AB846,47,716 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
17possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
18amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
19N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
20(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
21lysergic acid diethylamide, phencyclidine, amphetamine,
223,4-methylenedioxymethamphetamine, methcathinone, cathinone,
23N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
24(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
25$5,000 or imprisoned for not more than one year in the county jail or both upon a first

1conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
2purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
3prior to the offender's conviction of the offense, the offender has at any time been
4convicted of any felony or misdemeanor under this chapter or under any statute of
5the United States or of any state relating to controlled substances, controlled
6substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
7hallucinogenic drugs.

AB846,47,2010 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
11possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
12analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
13not more than $1,000 or imprisoned for not more than 6 months or both upon a first
14conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
15purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
16prior to the offender's conviction of the offense, the offender has at any time been
17convicted of any felony or misdemeanor under this chapter or under any statute of
18the United States or of any state relating to controlled substances, controlled
19substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
20hallucinogenic drugs.

AB846,48,1222 961.47 (1) Whenever any person who has not previously been convicted of any
23offense under this chapter, or of any offense under any statute of the United States
24or of any state or of any county ordinance relating to controlled substances or
25controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,

1or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
2possession of a controlled substance or controlled substance analog under s. 961.41
3(3g) (b), the court, without entering a judgment of guilt and with the consent of the
4accused, may defer further proceedings and place him or her on probation upon terms
5and conditions. Upon violation of a term or condition, the court may enter an
6adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
7terms and conditions, the court shall discharge the person and dismiss the
8proceedings against him or her. Discharge and dismissal under this section shall be
9without adjudication of guilt and is not a conviction for purposes of disqualifications
10or disabilities imposed by law upon conviction of a crime, including the additional
11penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
12only one discharge and dismissal under this section with respect to any person.

AB846,48,1914 961.48 (3) For purposes of this section, a felony offense under this chapter is
15considered a 2nd or subsequent offense if, prior to the offender's conviction of the
16offense, the offender has at any time been convicted of any felony or misdemeanor
17offense under this chapter or under any statute of the United States or of any state
18relating to controlled substances or controlled substance analogs, narcotic drugs,
19marijuana or depressant, stimulant, or hallucinogenic drugs.

AB846,48,2221 961.48 (5) This section does not apply if the person is presently charged with
22a felony under s. 961.41 (3g) (c), (d), (e), or (g).

AB846,49,624 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
25or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)

1or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
2phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
3methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
4controlled substance analog of any of these substances and the delivery, distribution
5or possession takes place under any of the following circumstances, the maximum
6term of imprisonment prescribed by law for that crime may be increased by 5 years: