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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-SA2,88,72
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.
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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-SA2,83
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-SA2,89,77
regulation of Marijuana
SB70-SSA2-SA2,89,8
8961.70 Definitions. In this subchapter:
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9(1) “Extreme measure to avoid detection” means any of the following:
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(a) A system that aims to alert a person if law enforcement approaches an area
11that contains marijuana plants if the system exceeds a security system that would
12be used by a reasonable person in the person's region.
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(b) A method of intimidating individuals who approach an area that contains
14marijuana plants if the method exceeds a method that would be used by a reasonable
15person in the person's region.
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(c) A system that is designed so that an individual approaching the area that
17contains marijuana plants may be injured or killed by the system.
SB70-SSA2-SA2,89,19
18(1m) “Legal age" means 21 years of age, except that in the case of a qualifying
19patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.
SB70-SSA2-SA2,89,20
20(3) “Permissible amount" means one of the following:
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(a) For a person who is a resident of Wisconsin, an amount that does not exceed
222 ounces of usable marijuana.
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(b) For a person who is not a resident of Wisconsin, an amount that does not
24exceed one-quarter ounce of usable marijuana.
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25(4) “Permittee" has the meaning given under s. 139.97 (10).
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1(5) “Retail outlet" has the meaning given in s. 139.97 (11).
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2(6) “Tetrahydrocannabinols concentration" means the percent of
3tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or
4per volume or weight of marijuana product, or the combined percent of
5tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
6Cannabis regardless of moisture content.
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7(7) “Underage person" means a person who has not attained the legal age.