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AB68-SSA1,3378 25Section 3378 . 961.11 (4g) of the statutes is repealed.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1Section 3379. 961.14 (4) (t) of the statutes is repealed.
AB68-SSA1,3380 2Section 3380 . 961.32 (2m) of the statutes is repealed.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AB68-SSA1,3382 6Section 3382 . 961.38 (1n) of the statutes is repealed.
AB68-SSA1,3383 7Section 3383 . 961.41 (1) (h) of the statutes is repealed.
AB68-SSA1,3384 8Section 3384 . 961.41 (1m) (h) of the statutes is repealed.
AB68-SSA1,3385 9Section 3385 . 961.41 (1q) of the statutes is repealed.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.
AB68-SSA1,1533,2012 2. If an aided person is subject to prosecution under s. 961.573 for the
13possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
14controlled substance or a controlled substance analog, or under s. 961.69 (2) for
15possession of a masking agent under the circumstances surrounding or leading to an
16aider's commission of an act described in sub. (1), the district attorney shall offer the
17aided person a deferred prosecution agreement that includes the completion of a
18treatment program. This subdivision does not apply to an aided person who is on
19parole, probation, or extended supervision and fails to meet a condition under subd.
201.
AB68-SSA1,3395 21Section 3395 . 961.455 (title) of the statutes is amended to read: