AB68-SSA1,1529,114
950.06
(2) The costs of providing services under sub. (1m) shall be paid for by
5the county, but the county is eligible to receive reimbursement from the state for not
6more than 90 percent of the costs incurred in providing those services. The
7department shall determine the level of services for which a county may be
8reimbursed. The county board shall file a claim for reimbursement with the
9department. The department shall reimburse counties under this subsection from
10the appropriations under s. 20.455 (5)
(f), (k)
, and (kp) and, on a semiannual basis,
11from the appropriation under s. 20.455 (5) (g).
AB68-SSA1,3377
12Section 3377
. 961.01 (14) of the statutes is renumbered 961.70 (3) and
13amended to read:
AB68-SSA1,1529,2414
961.70
(3) “Marijuana" means all parts of the plants of the genus Cannabis,
15whether growing or not
, with a tetrahydrocannabinols concentration that is greater
16than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from
17any part of the plant; and every compound, manufacture, salt, derivative, mixture
, 18or preparation of the plant, its seeds or resin
, including tetrahydrocannabinols.
19“Marijuana" does include the mature stalks if mixed with other parts of the plant,
20but does not include fiber produced from the stalks, oil or cake made from the seeds
21of the plant, any other compound, manufacture, salt, derivative, mixture
, or
22preparation of the mature stalks (except the resin extracted therefrom), fiber, oil
, or
23cake or the sterilized seed of the plant which is incapable of germination.
24“Marijuana” does not include hemp, as defined in s. 94.55 (1).
AB68-SSA1,3378
25Section 3378
. 961.11 (4g) of the statutes is repealed.
AB68-SSA1,3379
1Section
3379. 961.14 (4) (t) of the statutes is repealed.
AB68-SSA1,3380
2Section 3380
. 961.32 (2m) of the statutes is repealed.
AB68-SSA1,3381
3Section 3381
. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
4as renumbered, is amended to read:
AB68-SSA1,1530,5
5961.75 (title)
Controlled substances Marijuana therapeutic research.
AB68-SSA1,3382
6Section 3382
. 961.38 (1n) of the statutes is repealed.
AB68-SSA1,3383
7Section 3383
. 961.41 (1) (h) of the statutes is repealed.
AB68-SSA1,3384
8Section 3384
. 961.41 (1m) (h) of the statutes is repealed.
AB68-SSA1,3385
9Section 3385
. 961.41 (1q) of the statutes is repealed.
AB68-SSA1,3386
10Section 3386
. 961.41 (1r) of the statutes is amended to read:
AB68-SSA1,1530,2011
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.
AB68-SSA1,3387
21Section
3387. 961.41 (1x) of the statutes is amended to read:
AB68-SSA1,1530,2422
961.41
(1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
23to commit a crime under sub. (1) (cm) to
(h)
(g) or (1m) (cm) to
(h) (g) is subject to the
24applicable penalties under sub. (1) (cm) to
(h)
(g) or (1m) (cm) to
(h) (g).
AB68-SSA1,3388
25Section 3388
. 961.41 (3g) (c) of the statutes is amended to read:
AB68-SSA1,1531,10
1961.41
(3g) (c)
Cocaine and cocaine base. If a person possesses or attempts to
2possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
3base, the person shall be fined not more than $5,000 and may be imprisoned for not
4more than one year in the county jail upon a first conviction and is guilty of a Class
5I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
6is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
7offense, the offender has at any time been convicted of any felony or misdemeanor
8under this chapter or under any statute of the United States or of any state relating
9to controlled substances, controlled substance analogs, narcotic drugs,
marijuana, 10or depressant, stimulant, or hallucinogenic drugs.
AB68-SSA1,3389
11Section 3389
. 961.41 (3g) (d) of the statutes is amended to read:
AB68-SSA1,1532,312
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
13possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
14amphetamine, 3,4-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, or a controlled substance analog of
17lysergic acid diethylamide, phencyclidine, amphetamine,
183,4-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, the person may be fined not more than
21$5,000 or imprisoned for not more than one year in the county jail or both upon a first
22conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
23purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
24prior to the offender's conviction of the offense, the offender has at any time been
25convicted of any felony or misdemeanor under this chapter or under any statute of
1the United States or of any state relating to controlled substances, controlled
2substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
3hallucinogenic drugs.
AB68-SSA1,3390
4Section 3390
. 961.41 (3g) (e) of the statutes is repealed.
AB68-SSA1,3391
5Section 3391
. 961.41 (3g) (em) of the statutes is amended to read:
AB68-SSA1,1532,166
961.41
(3g) (em)
Synthetic cannabinoids. If a person possesses or attempts to
7possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
8analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
9not more than $1,000 or imprisoned for not more than 6 months or both upon a first
10conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
11purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
12prior to the offender's conviction of the offense, the offender has at any time been
13convicted of any felony or misdemeanor under this chapter or under any statute of
14the United States or of any state relating to controlled substances, controlled
15substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
16hallucinogenic drugs.
AB68-SSA1,3392
17Section
3392. 961.443 (2) (title) of the statutes is amended to read:
AB68-SSA1,1532,1918
961.443
(2) (title)
Immunity from criminal prosecution and revocation of
19parole, probation, or extended supervision.
AB68-SSA1,3393
20Section
3393. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
21amended to read:
AB68-SSA1,1533,422
961.443
(2) (a)
An No aider may have his or her parole, probation, or extended
23supervision revoked, and an aider is immune from prosecution under s. 961.573 for
24the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
25controlled substance or a controlled substance analog, and under s. 961.69 (2) for
1possession of a masking agent under the circumstances surrounding or leading to his
2or her commission of an act described in sub. (1)
if the aider's attempt to obtain
3assistance occurs immediately after the aider believes the other person is suffering
4from the overdose or other adverse reaction.
AB68-SSA1,3394
5Section
3394. 961.443 (2) (b) of the statutes is created to read:
AB68-SSA1,1533,116
961.443
(2) (b) 1. No aided person may have his or her parole, probation, or
7extended supervision revoked under the circumstances surrounding or leading to an
8aider's commission of an act described in sub. (1) if the aided person completes a
9treatment program as a condition of his or her parole, probation, or extended
10supervision or, if a treatment program is unavailable or would be prohibitive
11financially, agrees to be imprisoned in the county jail for not less than 15 days.