SB70-SSA2-SA2,72 25Section 72. 961.41 (1r) of the statutes is amended to read:
SB70-SSA2-SA2,85,11
1961.41 (1r) Determining weight of substance. In determining amounts under
2s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
3of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic
4acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
5tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any
6controlled substance analog of any of these substances together with any compound,
7mixture, diluent, plant material or other substance mixed or combined with the
8controlled substance or controlled substance analog. In addition, in determining
9amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
10means anything included under s. 961.14 (4) (t) and includes the weight of any
11marijuana.
SB70-SSA2-SA2,73 12Section 73. 961.41 (1x) of the statutes is amended to read:
SB70-SSA2-SA2,85,1513 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
14to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the
15applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).
SB70-SSA2-SA2,74 16Section 74. 961.41 (3g) (c) of the statutes is amended to read:
SB70-SSA2-SA2,86,217 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
18possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
19base, the person shall be fined not more than $5,000 and may be imprisoned for not
20more than one year in the county jail upon a first conviction and is guilty of a Class
21I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
22is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
23offense, the offender has at any time been convicted of any felony or misdemeanor
24under this chapter or under any statute of the United States or of any state relating

1to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
2or depressant, stimulant, or hallucinogenic drugs.
SB70-SSA2-SA2,75 3Section 75. 961.41 (3g) (d) of the statutes is amended to read:
SB70-SSA2-SA2,86,204 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
5possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
6amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
7N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
8(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
9lysergic acid diethylamide, phencyclidine, amphetamine,
103,4-methylenedioxymethamphetamine, methcathinone, cathinone,
11N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
12(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
13$5,000 or imprisoned for not more than one year in the county jail 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.
SB70-SSA2-SA2,76 21Section 76. 961.41 (3g) (e) of the statutes is repealed.
SB70-SSA2-SA2,77 22Section 77. 961.41 (3g) (em) of the statutes is amended to read:
SB70-SSA2-SA2,87,823 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
24possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
25analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined

1not more than $1,000 or imprisoned for not more than 6 months or both upon a first
2conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
3purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
4prior to the offender's conviction of the offense, the offender has at any time been
5convicted of any felony or misdemeanor under this chapter or under any statute of
6the United States or of any state relating to controlled substances, controlled
7substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
8hallucinogenic drugs.
SB70-SSA2-SA2,78 9Section 78. 961.47 (1) of the statutes is amended to read:
SB70-SSA2-SA2,87,2510 961.47 (1) Whenever any person who has not previously been convicted of any
11offense under this chapter, or of any offense under any statute of the United States
12or of any state or of any county ordinance relating to controlled substances or
13controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
14or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
15possession of a controlled substance or controlled substance analog under s. 961.41
16(3g) (b), the court, without entering a judgment of guilt and with the consent of the
17accused, may defer further proceedings and place him or her on probation upon terms
18and conditions. Upon violation of a term or condition, the court may enter an
19adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
20terms and conditions, the court shall discharge the person and dismiss the
21proceedings against him or her. Discharge and dismissal under this section shall be
22without adjudication of guilt and is not a conviction for purposes of disqualifications
23or disabilities imposed by law upon conviction of a crime, including the additional
24penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
25only one discharge and dismissal under this section with respect to any person.
SB70-SSA2-SA2,79
1Section 79. 961.48 (3) of the statutes is amended to read:
SB70-SSA2-SA2,88,72 961.48 (3) For purposes of this section, a felony offense under this chapter is
3considered a 2nd or subsequent offense if, prior to the offender's conviction of the
4offense, the offender has at any time been convicted of any felony or misdemeanor
5offense under this chapter or under any statute of the United States or of any state
6relating to controlled substances or controlled substance analogs, narcotic drugs,
7marijuana or depressant, stimulant, or hallucinogenic drugs.
SB70-SSA2-SA2,80 8Section 80. 961.48 (5) of the statutes is amended to read:
SB70-SSA2-SA2,88,109 961.48 (5) This section does not apply if the person is presently charged with
10a felony under s. 961.41 (3g) (c), (d), (e), or (g).
SB70-SSA2-SA2,81 11Section 81. 961.49 (1m) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,88,2012 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
13or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
14(f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
15base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
16psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any
17form of tetrahydrocannabinols
or a controlled substance analog of any of these
18substances and the delivery, distribution or possession takes place under any of the
19following circumstances, the maximum term of imprisonment prescribed by law for
20that crime may be increased by 5 years:
SB70-SSA2-SA2,82 21Section 82. 961.571 (1) (a) 7. of the statutes is repealed.
SB70-SSA2-SA2,83 22Section 83. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,88,2523 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
24for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
25or hashish oil into the human body, such as:
SB70-SSA2-SA2,84
1Section 84. 961.571 (1) (a) 11. e. of the statutes is repealed.
SB70-SSA2-SA2,85 2Section 85. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
SB70-SSA2-SA2,86 3Section 86. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
4is created to read:
SB70-SSA2-SA2,89,55 Chapter 961
SB70-SSA2-SA2,89,66 Subchapter VIII
SB70-SSA2-SA2,89,77 regulation of Marijuana
SB70-SSA2-SA2,89,8 8961.70 Definitions. In this subchapter: