2011 - 2012 LEGISLATURE
April 4, 2011 - Introduced by Senators Harsdorf, Jauch, Darling, Wanggaard,
Olsen, Leibham, Holperin, Lassa
and Schultz, cosponsored by
Representatives Bies, Knilans, Kleefisch, Jorgensen, Bernard Schaber,
Brooks, Kaufert, Kerkman, Mason, Meyer, Mursau, Nass, Petersen, Rivard,
Severson, Sinicki, Spanbauer, Steineke, Strachota, Thiesfeldt
and Wynn.
Referred to Committee on Judiciary, Utilities, Commerce, and Government
Operations.
SB54,1,6 1An Act to amend 961.14 (4) (intro.), 961.14 (4) (x), 961.14 (7) (intro.), 961.41 (1)
2(e) (intro.), 961.41 (1m) (e) (intro.) and 961.41 (3g) (d); and to create 59.54 (25g),
366.0107 (1) (bn), 961.14 (4) (tb), 961.14 (4) (te), 961.14 (4) (th), 961.14 (4) (tL),
4961.14 (4) (tp), 961.14 (4) (tr), 961.14 (4) (tu), 961.14 (4) (ty), 961.14 (4) (wgm),
5961.14 (7) (m), 961.14 (7) (n) and 961.41 (3g) (em) of the statutes; relating to:
6certain controlled substances and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits the manufacture, distribution, delivery, or possession of
substances included in the schedule of controlled substances. Current law
categorizes substances into five schedules, depending on the nature of the substance.
Schedule I substances are those that have a high potential for abuse, have no
currently accepted medical use, and are not accepted as safe for use in treatment
under medical supervision.
This bill identifies several nonnarcotic, hallucinogenic substances that are
commonly known as "synthetic cannabinoids" and classifies those substances as
Schedule I controlled substances. The bill also identifies two stimulant substances
and classifies those as Schedule I controlled substances.
Under the bill, a person who possesses a synthetic cannabinoid may, for a first
offense, be fined up to $1,000, imprisoned for up to six months, or both. For a second
or subsequent offense, the person is guilty of a Class I felony and may be fined up to

$10,000, imprisoned for up to three years and six months, or both. A person who
manufactures, distributes, or delivers a synthetic cannabinoid, or who possesses a
synthetic cannabinoid with the intent to manufacture, distribute, or deliver it, is
guilty of a Class H felony and subject to a fine up to $10,000, imprisonment for up
to six years, or both. The bill also enables a town, city, village, or county to pass an
ordinance that provides a forfeiture for a first violation of possession of a synthetic
cannabinoid.
Under the bill, a person who possesses either of the stimulant substances may,
for a first offense, be fined up to $5,000, imprisoned for up to one year, or both. For
a second or subsequent offense, the person is guilty of a Class I felony and may be
fined up to $10,000, imprisoned for up to three years and six months, or both. A
person who manufactures, distributes, or delivers either of the stimulant
substances, or who possesses either of the stimulant substances with the intent to
manufacture, distribute, or deliver it, is guilty of a felony, the classification of which
depends on the amount of the controlled substance involved in the offense.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB54, s. 1 1Section 1. 59.54 (25g) of the statutes is created to read:
SB54,2,82 59.54 (25g) Possession of a synthetic cannabinoid. The board may enact and
3enforce an ordinance to prohibit the possession of any controlled substance specified
4in s. 961.14 (4) (tb) to (ty), and provide a forfeiture for a violation of the ordinance,
5except that any person who is charged with possession of a controlled substance
6specified in s. 961.14 (4) (tb) to (ty) following a conviction for possession of a controlled
7substance in this state shall not be prosecuted under this subsection. Any ordinance
8enacted under this subsection applies in every municipality within the county.
SB54, s. 2 9Section 2. 66.0107 (1) (bn) of the statutes is created to read:
SB54,3,410 66.0107 (1) (bn) Enact and enforce an ordinance to prohibit the possession of
11a controlled substance specified in s. 961.14 (4) (tb) to (ty) and provide a forfeiture

1for a violation of the ordinance, except that any person who is charged with
2possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a
3conviction for possession of a controlled substance in this state shall not be
4prosecuted under this paragraph.
SB54, s. 3 5Section 3. 961.14 (4) (intro.) of the statutes is amended to read:
SB54,3,126 961.14 (4) Hallucinogenic substances. (intro.) Any material, compound,
7mixture or preparation which contains any quantity of any of the following
8hallucinogenic substances, including any of their salts, isomers, precursors, analogs,
9esters, ethers,
and salts of isomers, esters, or ethers that are theoretically possible
10within the specific chemical designation, in any form including a substance, salt,
11isomer or salt of an isomer
contained in a plant, obtained from a plant, or chemically
12synthesized:
SB54, s. 4 13Section 4. 961.14 (4) (tb) of the statutes is created to read:
SB54,3,1514 961.14 (4) (tb) Cannabicyclohexonal:
152-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol.
SB54, s. 5 16Section 5. 961.14 (4) (te) of the statutes is created to read:
SB54,3,1817 961.14 (4) (te) CP47,497 and homologues:
182-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol.
SB54, s. 6 19Section 6. 961.14 (4) (th) of the statutes is created to read:
SB54,3,2420 961.14 (4) (th) HU-210:
21[(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,
2210a-tetrahydrobenzo[c]chromen-1-o1)], also known as
23(6aR,10aR)-3-(1,1-dimethylheptyl)-6a,7,10,10a-tetrahydro-1-hydroxy-6,6-
24 dimethyl-6H-dibenzo[b,d]pyran-9-methanol.
SB54, s. 7 25Section 7. 961.14 (4) (tL) of the statutes is created to read:
SB54,4,2
1961.14 (4) (tL) JWH-018: 1-pentyl-3-(1-naphthoyl)indole, also known as
2Naphthalen-1-yl-(1-pentylindol-3-yl)methanone.
SB54, s. 8 3Section 8. 961.14 (4) (tp) of the statutes is created to read:
SB54,4,54 961.14 (4) (tp) JWH-073): 1-butyl-3-(1-naphthoyl)indole, also known as
5Naphthalen-1-yl-(1-butylindol-3-yl)methanone.
SB54, s. 9 6Section 9. 961.14 (4) (tr) of the statutes is created to read:
SB54,4,87 961.14 (4) (tr) JWH-081: 1-pentyl-3-(4-methoxy-1-naphthoyl)indole, also
8known as 4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone.
SB54, s. 10 9Section 10. 961.14 (4) (tu) of the statutes is created to read:
SB54,4,1110 961.14 (4) (tu) JWH-200:
111-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole.
SB54, s. 11 12Section 11. 961.14 (4) (ty) of the statutes is created to read:
SB54,4,1413 961.14 (4) (ty) JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also
14known as 2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone.
SB54, s. 12 15Section 12. 961.14 (4) (wgm) of the statutes is created to read:
SB54,4,1716 961.14 (4) (wgm) 4-iodo-2,5-dimethoxy-beta-phenylethylamine, commonly
17known as ""2C-I".
SB54, s. 13 18Section 13. 961.14 (4) (x) of the statutes is amended to read:
SB54,4,1919 961.14 (4) (x) 4-methoxyamphetamine., commonly known as "PMA."
SB54, s. 14 20Section 14. 961.14 (7) (intro.) of the statutes is amended to read:
SB54,4,2521 961.14 (7) Stimulants. (intro.) Any material, compound, mixture or
22preparation which contains any quantity of any of the following substances having
23a stimulant effect on the central nervous system, including any of their precursors,
24analogs,
salts, isomers and salts of isomers that are theoretically possible within the
25specific chemical designation:
SB54, s. 15
1Section 15. 961.14 (7) (m) of the statutes is created to read:
SB54,5,22 961.14 (7) (m) Methylenedioxypyrovalerone, commonly known as "MDPV."
SB54, s. 16 3Section 16. 961.14 (7) (n) of the statutes is created to read:
SB54,5,54 961.14 (7) (n) 4-methylmethcathinone, commonly known as "mephedrone" or
5"4-MMC."
SB54, s. 17 6Section 17. 961.41 (1) (e) (intro.) of the statutes is amended to read:
SB54,5,147 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine, and
8methcathinone
, methylenedioxypyrovalerone, and 4-methylmethcathinone. (intro.)
9If the person violates this subsection with respect to phencyclidine, amphetamine,
10methamphetamine, or methcathinone, methylenedioxypyrovalerone, or
114-methylmethcathinone,
or a controlled substance analog of phencyclidine,
12amphetamine, methamphetamine, or methcathinone,
13methylenedioxypyrovalerone, or 4-methylmethcathinone, and the amount
14manufactured, distributed, or delivered is:
SB54, s. 18 15Section 18. 961.41 (1m) (e) (intro.) of the statutes is amended to read:
SB54,5,2316 961.41 (1m) (e) Phencyclidine, amphetamine, methamphetamine, and
17methcathinone
, methylenedioxypyrovalerone, and 4-methylmethcathinone. (intro.)
18If a person violates this subsection with respect to phencyclidine, amphetamine,
19methamphetamine, or methcathinone, methylenedioxypyrovalerone, or
204-methylmethcathinone,
or a controlled substance analog of phencyclidine,
21amphetamine, methamphetamine, or methcathinone,
22methylenedioxypyrovalerone, or 4-methylmethcathinone
, and the amount
23possessed, with intent to manufacture, distribute, or deliver, is:
SB54, s. 19 24Section 19. 961.41 (3g) (d) of the statutes is amended to read:
SB54,6,14
1961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
2possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
3amphetamine, methcathinone, methylenedioxypyrovalerone,
44-methylmethcathinone,
psilocin or psilocybin, or a controlled substance analog of
5lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone,
6methylenedioxypyrovalerone, 4-methylmethcathinone, psilocin or psilocybin, the
7person may be fined not more than $5,000 or imprisoned for not more than one year
8in the county jail or both upon a first conviction and is guilty of a Class I felony for
9a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered
10a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the
11offender has at any time been convicted of any felony or misdemeanor under this
12chapter or under any statute of the United States or of any state relating to controlled
13substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
14stimulant, or hallucinogenic drugs.
SB54, s. 20 15Section 20. 961.41 (3g) (em) of the statutes is created to read:
SB54,7,216 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
17possess a controlled substance specified in s. 961.14 (4) (tb) to (ty), or a controlled
18substance analog of a controlled substance specified in s. 961.14 (4) (tb) to (ty), the
19person may be fined not more than $1,000 or imprisoned for not more than 6 months
20or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent
21offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent
22offense if, prior to the offender's conviction of the offense, the offender has at any time
23been convicted of any felony or misdemeanor under this chapter or under any statute
24of the United States or of any state relating to controlled substances, controlled

1substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
2hallucinogenic drugs.
SB54,7,33 (End)
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