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).
AB56-SA12,243
15Section
243. 961.49 (1m) (intro.) of the statutes is amended to read:
AB56-SA12,105,2316
961.49
(1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f),
or (g)
17or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f),
or (g)
18or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
19phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
20methamphetamine,
or methcathinone
or any form of tetrahydrocannabinols or a
21controlled substance analog of any of these substances and the delivery, distribution
22or possession takes place under any of the following circumstances, the maximum
23term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB56-SA12,244
24Section
244. 961.571 (1) (a) 7. of the statutes is repealed.
AB56-SA12,245
25Section
245. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB56-SA12,106,3
1961.571
(1) (a) 11. (intro.) Objects used, designed for use or primarily intended
2for use in ingesting, inhaling
, or otherwise introducing
marijuana, cocaine, hashish
3or hashish oil into the human body, such as:
AB56-SA12,246
4Section
246. 961.571 (1) (a) 11. e. of the statutes is repealed.
AB56-SA12,247
5Section
247. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB56-SA12,248
6Section
248. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
7is created to read:
AB56-SA12,106,99
Subchapter VIII
AB56-SA12,106,1010
regulation of Marijuana
AB56-SA12,106,11
11961.70 Definitions. In this subchapter:
AB56-SA12,106,12
12(1) “Compassion center" has the meaning given in s. 50.80 (1).
AB56-SA12,106,13
13(2) “Legal age" means 21 years of age.
AB56-SA12,106,14
14(5) “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
162 ounces of usable marijuana.
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(b) For a person who is not a resident of Wisconsin, an amount that does not
18exceed one-quarter ounce of usable marijuana.
AB56-SA12,106,19
19(6) “Permittee" has the meaning given under s. 139.97 (10).
AB56-SA12,106,20
20(7) “Qualifying patient" has the meaning given in s. 50.80 (6).
AB56-SA12,106,21
21(8) “Retail outlet" has the meaning given in s. 139.97 (11).
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22(9) “Tetrahydrocannabinols concentration" means the percent of
23delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
24Cannabis, or per volume or weight of marijuana product, or the combined percent of
1delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
2plant Cannabis regardless of moisture content.
AB56-SA12,107,3
3(10) “Treatment team" has the meaning given in s. 50.80 (8).
AB56-SA12,107,4
4(11) “Underage person" means a person who has not attained the legal age.
AB56-SA12,107,5
5(12) “Usable marijuana" has the meaning given in s. 139.97 (13).