1999 - 2000 LEGISLATURE
February 1, 2000 - Introduced by Representatives Freese, Rhoades, Ainsworth,
Balow, Brandemuehl, Gronemus, Gunderson, Hasenohrl, Huebsch, Kedzie,
Kestell, Kreibich, Ladwig, M. Lehman, Montgomery, Musser, Ott, Pettis,
Seratti, Stone, Suder, Sykora, Urban
and Vrakas, cosponsored by Senators
Clausing, Schultz, Baumgart, Burke, Darling, Moen, Plache, Roessler and
Rosenzweig. Referred to Committee on Criminal Justice.
AB704,1,6 1An Act to amend 961.573 (1), 961.573 (2), 961.574 (1), 961.574 (2) and 961.575
2(1); and to create 961.437, 961.573 (3), 961.574 (3) and 961.575 (3) of the
3statutes; relating to: possession and disposal of waste produced by the illegal
4manufacture of the controlled substance methamphetamine, possession of
5paraphernalia used in the manufacture of the controlled substance
6methamphetamine and providing penalties.
Analysis by the Legislative Reference Bureau
Possession and disposal of methamphetamine manufacturing waste
Current law regulates the storage, treatment and disposal of hazardous and
solid waste and provides penalties for the improper disposal of hazardous or solid
waste. Current law also prohibits the unlawful manufacture of the controlled
substance methamphetamine or a controlled substance analog of
methamphetamine.
This bill creates prohibitions relating to methamphetamine manufacturing
waste, which is any material or article that results from or is produced by the
unlawful manufacture of methamphetamine or a controlled substance analog of
methamphetamine. Specifically, the bill prohibits a person from knowingly
possessing methamphetamine manufacturing waste or intentionally disposing of
methamphetamine manufacturing waste by discharging, depositing, injecting,

dumping, spilling, leaking or placing methamphetamine manufacturing waste into
or on any land or water in a manner that may permit the waste to be emitted into
the air, to be discharged into any waters of the state or otherwise to enter the
environment. A person who violates the prohibitions created in the bill is subject to
the following penalties:
1. For a first offense, the person must be fined not less than $1,000 nor more
than $100,000 or imprisoned for not more than seven years and six months or both.
2. For a second or subsequent offense, the person must be fined not less than
$5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.
The prohibitions in the bill relating to methamphetamine manufacturing
waste do not apply to a person who is possessing or disposing of methamphetamine
manufacturing waste in compliance with current law governing the storage,
treatment and disposal of hazardous or solid waste, if the waste had previously been
possessed or disposed of in violation of the prohibitions.
Possession of paraphernalia used to manufacture methamphetamine
Current law prohibits the possession, use, manufacture and delivery of drug
paraphernalia. Drug paraphernalia includes any object or item that is used,
designed for use or primarily intended for use in unlawfully manufacturing,
producing, processing, preparing or storing a controlled substance. A person who
possesses or uses drug paraphernalia may be fined not more than $500 or imprisoned
for not more than 30 days or both. A person who manufactures or delivers drug
paraphernalia may be fined not more than $1,000 or imprisoned for not more than
90 days or both, except that if a person delivers drug paraphernalia to a minor the
person may be fined not more than $10,000 or imprisoned for not more than nine
months or both.
This bill increases the penalties for methamphetamine-related violations of
the current drug paraphernalia prohibitions. Specifically, under the bill a person
may be fined not more than $10,000 or imprisoned for not more than five years or
both if the person uses or delivers drug paraphernalia, or possesses or manufactures
drug paraphernalia with intent to use or deliver the paraphernalia, knowing that the
drug paraphernalia will be primarily used to unlawfully manufacture, compound,
produce, process, prepare, test, analyze, pack, repack or store methamphetamine or
a controlled substance analog of methamphetamine. The bill also provides that a
person may be fined not more than $50,000 or imprisoned for not more than ten years
or both if the person delivers drug paraphernalia to a minor knowing that the drug
paraphernalia will be primarily used to unlawfully manufacture, compound,
produce, process, prepare, test, analyze, pack, repack or store methamphetamine or
a controlled substance analog of methamphetamine.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB704, s. 1 1Section 1. 961.437 of the statutes is created to read:
AB704,3,2
1961.437 Possession and disposal of waste from manufacture of
2methamphetamine.
(1) In this section:
AB704,3,63 (a) "Dispose of" means discharge, deposit, inject, dump, spill, leak or place
4methamphetamine manufacturing waste into or on any land or water in a manner
5that may permit the waste to be emitted into the air, to be discharged into any waters
6of the state or otherwise to enter the environment.
AB704,3,77 (b) "Intentionally" has the meaning given in s. 939.23 (3).
AB704,3,118 (c) "Methamphetamine manufacturing waste" means any solid, semisolid,
9liquid or contained gaseous material or article that results from or is produced by the
10manufacture of methamphetamine or a controlled substance analog of
11methamphetamine in violation of this chapter.
AB704,3,12 12(2) No person may do any of the following:
AB704,3,1313 (a) Knowingly possess methamphetamine manufacturing waste.
AB704,3,1414 (b) Intentionally dispose of methamphetamine manufacturing waste.
AB704,3,16 15(3) Subsection (2) does not apply to a person who possesses or disposes of
16methamphetamine manufacturing waste under all of the following circumstances:
AB704,3,1817 (a) The person is storing, treating or disposing of the waste in compliance with
18chs. 287, 289, 291 and 292.
AB704,3,2019 (b) The methamphetamine manufacturing waste had previously been
20possessed or disposed of by another person in violation of sub. (2).
AB704,3,21 21(4) A person who violates sub. (2) is subject to the following penalties:
AB704,3,2322 (a) For a first offense, the person shall be fined not less than $1,000 nor more
23than $100,000 or imprisoned for not more than 7 years and 6 months or both.
AB704,3,2524 (b) For a 2nd or subsequent offense, the person shall be fined not less than
25$5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.
AB704,4,2
1(5) Each day of a continuing violation of sub. (2) (a) or (b) constitutes a separate
2offense.
AB704, s. 2 3Section 2. 961.573 (1) of the statutes is amended to read:
AB704,4,104 961.573 (1) No person may use, or possess with the primary intent to use, drug
5paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
6compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
7contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
8a controlled substance or controlled substance analog in violation of this chapter.
9Any person who violates this section subsection may be fined not more than $500 or
10imprisoned for not more than 30 days or both.
AB704, s. 3 11Section 3. 961.573 (2) of the statutes is amended to read:
AB704,4,1312 961.573 (2) Any person who violates this section sub. (1) who is under 17 years
13of age is subject to a disposition under s. 938.344 (2e).
AB704, s. 4 14Section 4. 961.573 (3) of the statutes is created to read:
AB704,4,2015 961.573 (3) No person may use, or possess with the primary intent to use, drug
16paraphernalia to manufacture, compound, convert, produce, process, prepare, test,
17analyze, pack, repack or store methamphetamine or a controlled substance analog
18of methamphetamine in violation of this chapter. Any person who violates this
19subsection may be fined not more than $10,000 or imprisoned for not more than 5
20years or both.
AB704, s. 5 21Section 5. 961.574 (1) of the statutes is amended to read:
AB704,5,422 961.574 (1) No person may deliver, possess with intent to deliver, or
23manufacture with intent to deliver, drug paraphernalia, knowing that it will be
24primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
25compound, convert, produce, process, prepare, test, analyze, pack, repack, store,

1contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
2a controlled substance or controlled substance analog in violation of this chapter.
3Any person who violates this section subsection may be fined not more than $1,000
4or imprisoned for not more than 90 days or both.
AB704, s. 6 5Section 6. 961.574 (2) of the statutes is amended to read:
AB704,5,76 961.574 (2) Any person who violates this section sub. (1) who is under 17 years
7of age is subject to a disposition under s. 938.344 (2e).
AB704, s. 7 8Section 7. 961.574 (3) of the statutes is created to read:
AB704,5,159 961.574 (3) No person may deliver, possess with intent to deliver, or
10manufacture with intent to deliver, drug paraphernalia, knowing that it will be
11primarily used to manufacture, compound, convert, produce, process, prepare, test,
12analyze, pack, repack or store methamphetamine or a controlled substance analog
13of methamphetamine in violation of this chapter. Any person who violates this
14subsection may be fined not more than $10,000 or imprisoned for not more than 5
15years or both.
AB704, s. 8 16Section 8. 961.575 (1) of the statutes is amended to read:
AB704,5,2017 961.575 (1) Any person 17 years of age or over who violates s. 961.574 (1) by
18delivering drug paraphernalia to a person 17 years of age or under who is at least 3
19years younger than the violator may be fined not more than $10,000 or imprisoned
20for not more than 9 months or both.
AB704, s. 9 21Section 9. 961.575 (3) of the statutes is created to read:
AB704,5,2422 961.575 (3) Any person 17 years of age or over who violates s. 961.574 (3) by
23delivering drug paraphernalia to a person 17 years of age or under may be fined not
24more than $50,000 or imprisoned for not more than 10 years or both.
AB704,5,2525 (End)
Loading...
Loading...