LRB-3254/1
MGD:jld:kjf
2001 - 2002 LEGISLATURE
May 31, 2001 - Introduced by Representatives Walker, Suder, Albers, Jeskewitz,
Krawczyk, Ladwig, McCormick, Nass, Owens, Stone, Sykora, Townsend
and
Vrakas, cosponsored by Senators Darling and Harsdorf. Referred to
Committee on Criminal Justice.
AB425,1,3 1An Act to amend subchapter VI (title) of chapter 961 [precedes 961.571]; and
2to create 961.58 of the statutes; relating to: substances used to induce false
3negative drug tests and providing a penalty.
Analysis by the Legislative Reference Bureau
With certain limited exceptions, current law prohibits the possession,
manufacture, distribution, and delivery of controlled substances. In addition,
current law prohibits the possession, manufacture, and delivery of drug
paraphernalia. Current law also permits, and in certain circumstances requires, the
administration of a test for the use of controlled substances (drug test) for law
enforcement purposes, in connection with certain government benefits programs,
and for other purposes.
This bill prohibits a person from manufacturing, advertising, selling,
delivering, or possessing with intent to advertise, sell, or deliver any product (a
masking agent) with the intent that it be used to produce a false negative drug test
result. A person who violates this prohibition may be fined not more than $1,000 or
imprisoned for not more than 90 days or both. The bill also prohibits a person from
using or possessing with intent to use a masking agent with the intent to produce a
false negative drug test result. A person who violates this prohibition may be fined
not more than $500 or imprisoned for not more than 30 days or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB425, s. 1
1Section 1. Subchapter VI (title) of chapter 961 [precedes 961.571] of the
2statutes is amended to read:
AB425,2,33 CHAPTER 961
AB425,2,64 SUBCHAPTER VI
5 DRUG PARAPHERNALIA AND RELATED
6 PROVISIONS
AB425, s. 2 7Section 2. 961.58 of the statutes is created to read:
AB425,2,11 8961.58 Masking agents. (1) (a) No person may manufacture, advertise, sell,
9deliver, or possess with intent to advertise, sell, or deliver any product with the intent
10that it be used to produce a false negative result on a test for the use of a controlled
11substance.
AB425,2,1312 (b) A person who violates par. (a) may be fined not more than $1,000 or
13imprisoned for not more than 90 days or both.
AB425,2,16 14(2) (a) No person may use or possess with intent to use any product described
15in sub. (1) (a) with the intent to produce a false negative result on a test for the use
16of a controlled substance.
AB425,2,1817 (b) A person who violates par. (a) may be fined not more than $500 or
18imprisoned for not more than 30 days or both.
AB425,2,1919 (End)
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