AB56-SA12,101,221
941.20
(1) (bg) Operates or goes armed with a firearm while he or she has a
22tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
23defense to any action under this paragraph if he or she proves by a preponderance
24of the evidence that at the time of the incident or occurrence he or she had a valid
1prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
2defined in s. 50.80 (6).
AB56-SA12,225
3Section
225. 941.20 (1) (bm) of the statutes is amended to read:
AB56-SA12,101,124
941.20
(1) (bm) Operates or goes armed with a firearm while he or she has a
5detectable amount of a restricted controlled substance in his or her blood. A
6defendant has a defense to any action under this paragraph that is based on the
7defendant allegedly having a detectable amount of methamphetamine
, or 8gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
9if he or she proves by a preponderance of the evidence that at the time of the incident
10or occurrence he or she had a valid prescription for methamphetamine or one of its
11metabolic precursors
, or gamma-hydroxybutyric acid
, or
12delta-9-tetrahydrocannabinol.
AB56-SA12,226
13Section
226. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
14to read:
AB56-SA12,101,2415
961.70
(3) “Marijuana" means all parts of the plants of the genus Cannabis,
16whether growing or not
, with a tetrahydrocannabinols concentration that is greater
17than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from
18any part of the plant; and every compound, manufacture, salt, derivative, mixture
, 19or preparation of the plant, its seeds or resin
, including tetrahydrocannabinols.
20“Marijuana" does include the mature stalks if mixed with other parts of the plant,
21but does not include fiber produced from the stalks, oil or cake made from the seeds
22of the plant, any other compound, manufacture, salt, derivative, mixture
, or
23preparation of the mature stalks (except the resin extracted therefrom), fiber, oil
, or
24cake or the sterilized seed of the plant which is incapable of germination.
AB56-SA12,227
25Section
227. 961.11 (4g) of the statutes is repealed.
AB56-SA12,228
1Section
228. 961.14 (4) (t) of the statutes is repealed.
AB56-SA12,229
2Section
229. 961.32 (2m) of the statutes is repealed.
AB56-SA12,230
3Section
230. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
4as renumbered, is amended to read:
AB56-SA12,102,5
5961.75 (title)
Controlled substances Marijuana therapeutic research.
AB56-SA12,231
6Section
231. 961.38 (1n) of the statutes is repealed.
AB56-SA12,232
7Section
232. 961.41 (1) (h) of the statutes is repealed.
AB56-SA12,233
8Section
233. 961.41 (1m) (h) of the statutes is repealed.
AB56-SA12,234
9Section
234. 961.41 (1q) of the statutes is repealed.
AB56-SA12,235
10Section
235. 961.41 (1r) of the statutes is amended to read:
AB56-SA12,102,2011
961.41
(1r) Determining weight of substance. In determining amounts under
12s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
13of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
14psilocybin, amphetamine, methamphetamine,
tetrahydrocannabinols, synthetic
15cannabinoids, or substituted cathinones, or any controlled substance analog of any
16of these substances together with any compound, mixture, diluent, plant material
17or other substance mixed or combined with the controlled substance or controlled
18substance analog.
In addition, in determining amounts under subs. (1) (h) and (1m)
19(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
20(4) (t) and includes the weight of any marijuana.
AB56-SA12,236
21Section
236. 961.41 (3g) (c) of the statutes is amended to read:
AB56-SA12,103,622
961.41
(3g) (c)
Cocaine and cocaine base. If a person possesses or attempts to
23possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
24base, the person shall be fined not more than $5,000 and may be imprisoned for not
25more than one year in the county jail upon a first conviction and is guilty of a Class
1I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
2is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
3offense, the offender has at any time been convicted of any felony or misdemeanor
4under this chapter or under any statute of the United States or of any state relating
5to controlled substances, controlled substance analogs, narcotic drugs,
marijuana, 6or depressant, stimulant, or hallucinogenic drugs.
AB56-SA12,237
7Section
237. 961.41 (3g) (d) of the statutes is amended to read:
AB56-SA12,103,248
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
9possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
10amphetamine, 3,4-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, or a controlled substance analog of
13lysergic acid diethylamide, phencyclidine, amphetamine,
143,4-methylenedioxymethamphetamine, methcathinone, cathinone,
15N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
16(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
17$5,000 or imprisoned for not more than one year in the county jail or both upon a first
18conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
19purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
20prior to the offender's conviction of the offense, the offender has at any time been
21convicted of any felony or misdemeanor under this chapter or under any statute of
22the United States or of any state relating to controlled substances, controlled
23substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
24hallucinogenic drugs.
AB56-SA12,238
25Section
238. 961.41 (3g) (e) of the statutes is repealed.
AB56-SA12,239
1Section
239. 961.41 (3g) (em) of the statutes is amended to read:
AB56-SA12,104,122
961.41
(3g) (em)
Synthetic cannabinoids. If a person possesses or attempts to
3possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
4analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
5not more than $1,000 or imprisoned for not more than 6 months or both upon a first
6conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
7purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
8prior to the offender's conviction of the offense, the offender has at any time been
9convicted of any felony or misdemeanor under this chapter or under any statute of
10the United States or of any state relating to controlled substances, controlled
11substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
12hallucinogenic drugs.
AB56-SA12,240
13Section
240. 961.47 (1) of the statutes is amended to read:
AB56-SA12,105,414
961.47
(1) Whenever any person who has not previously been convicted of any
15offense under this chapter, or of any offense under any statute of the United States
16or of any state or of any county ordinance relating to controlled substances or
17controlled substance analogs, narcotic drugs,
marijuana or stimulant, depressant
, 18or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
19possession of a controlled substance or controlled substance analog under s. 961.41
20(3g) (b), the court, without entering a judgment of guilt and with the consent of the
21accused, may defer further proceedings and place him or her on probation upon terms
22and conditions. Upon violation of a term or condition, the court may enter an
23adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
24terms and conditions, the court shall discharge the person and dismiss the
25proceedings against him or her. Discharge and dismissal under this section shall be
1without adjudication of guilt and is not a conviction for purposes of disqualifications
2or disabilities imposed by law upon conviction of a crime, including the additional
3penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
4only one discharge and dismissal under this section with respect to any person.
AB56-SA12,241
5Section
241. 961.48 (3) of the statutes is amended to read:
AB56-SA12,105,116
961.48
(3) For purposes of this section, a felony offense under this chapter is
7considered a 2nd or subsequent offense if, prior to the offender's conviction of the
8offense, the offender has at any time been convicted of any felony or misdemeanor
9offense under this chapter or under any statute of the United States or of any state
10relating to controlled substances or controlled substance analogs, narcotic drugs,
11marijuana or depressant, stimulant
, or hallucinogenic drugs.
AB56-SA12,242
12Section
242. 961.48 (5) of the statutes is amended to read:
AB56-SA12,105,1413
961.48
(5) This section does not apply if the person is presently charged with
14a felony under s. 961.41 (3g) (c), (d),
(e), or (g).