AB68-SSA1,1534,95 961.455 (2) The knowledge requirement under sub. (1) does not require proof
6of knowledge of the age of the child minor. It is not a defense to a prosecution under
7this section that the actor mistakenly believed that the person solicited, hired,
8directed, employed, or used under sub. (1) had attained the age of 18 years, even if
9the mistaken belief was reasonable.

AB68-SSA1,1534,16 11961.46 Distribution to persons under age 18 minors. If a person 17 years
12of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled
13substance or a controlled substance analog to a person 17 years of age or under minor
14who is at least 3 years his or her junior, the applicable maximum term of
15imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
16more than 5 years.

AB68-SSA1,1535,818 961.47 (1) Whenever any person who has not previously been convicted of any
19offense under this chapter, or of any offense under any statute of the United States
20or of any state or of any county ordinance relating to controlled substances or
21controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
22or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
23possession of a controlled substance or controlled substance analog under s. 961.41
24(3g) (b), the court, without entering a judgment of guilt and with the consent of the
25accused, may defer further proceedings and place him or her on probation upon terms

1and conditions. Upon violation of a term or condition, the court may enter an
2adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
3terms and conditions, the court shall discharge the person and dismiss the
4proceedings against him or her. Discharge and dismissal under this section shall be
5without adjudication of guilt and is not a conviction for purposes of disqualifications
6or disabilities imposed by law upon conviction of a crime, including the additional
7penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
8only one discharge and dismissal under this section with respect to any person.

AB68-SSA1,1535,1210 961.472 (5) (b) The person is participating in a an evidence-based substance
11abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
12as determined by the department of justice under s. 165.95 (9) and (10).

AB68-SSA1,1535,1914 961.48 (3) For purposes of this section, a felony offense under this chapter is
15considered a 2nd or subsequent offense if, prior to the offender's conviction of the
16offense, the offender has at any time been convicted of any felony or misdemeanor
17offense under this chapter or under any statute of the United States or of any state
18relating to controlled substances or controlled substance analogs, narcotic drugs,
19marijuana or depressant, stimulant, or hallucinogenic drugs.

AB68-SSA1,1535,2221 961.48 (5) This section does not apply if the person is presently charged with
22a felony under s. 961.41 (3g) (c), (d), (e), or (g).

AB68-SSA1,1536,624 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
25or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)

1or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
2phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
3methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
4controlled substance analog of any of these substances and the delivery, distribution
5or possession takes place under any of the following circumstances, the maximum
6term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB68-SSA1,1536,119 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
10for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
11or hashish oil into the human body, such as:

AB68-SSA1,1536,1615 961.571 (1) (b) 3. Any materials used or intended for use in testing for the
16presence of fentanyl or a fentanyl analog in a substance.

AB68-SSA1,1536,1918 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
19is subject to a disposition under s. 938.344 (2e).

AB68-SSA1,1536,2221 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
22is subject to a disposition under s. 938.344 (2e).

AB68-SSA1,1537,224 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
25by delivering drug paraphernalia to a person 17 years of age or under minor who is

1at least 3 years younger than the violator may be fined not more than $10,000 or
2imprisoned for not more than 9 months or both.