PJH:eev:ev
2013 - 2014 LEGISLATURE
October 4, 2013 - Introduced by Representatives Bies, Bewley, Milroy, Ballweg,
Berceau, Bernier, Brooks, Czaja, Goyke, Jacque, Knudson, Kolste, T.
Larson
, Ohnstad, A. Ott, Ringhand, Spiros, Tittl, Wachs and Bernard
Schaber
, cosponsored by Senators Harsdorf, Jauch, Kedzie, Gudex and
Lassa. Referred to Committee on Criminal Justice.
AB406,2,2 1An Act to repeal 941.318, 961.14 (4) (te), (th), (tL), (tp), (tr), (tu) and (ty) and
2961.14 (7) (m) and (n); to amend 59.54 (25g), 66.0107 (1) (bn), 961.14 (4)
3(intro.), 961.14 (7) (intro.), 961.41 (1) (e) (intro.), 961.41 (1) (hm) (intro.), 961.41
4(1m) (e) (intro.), 961.41 (1m) (hm) (intro.), 961.41 (1r), 961.41 (3g) (d) and 961.41
5(3g) (em); to repeal and recreate 961.14 (4) (tb) and 961.14 (7) (L); and to
6create
961.14 (4) (sm), 961.14 (4) (uv), 961.14 (4) (wa), 961.14 (4) (wb), 961.14
7(4) (wk), 961.14 (4) (wL), 961.14 (4) (wm), 961.14 (4) (wn), 961.14 (4) (wo), 961.14
8(4) (wp), 961.14 (4) (wq), 961.14 (4) (wr), 961.14 (4) (ws), 961.14 (4) (wv), 961.14
9(4) (ww), 961.14 (4) (wx), 961.14 (4) (wy), 961.14 (4) (wz), 961.14 (4) (xa), 961.14
10(4) (xb), 961.14 (7) (mk), 961.14 (7) (mL), 961.14 (7) (mm), 961.14 (7) (mn),
11961.16 (3) (tb), 961.16 (3) (zt), 961.16 (8) (b), 961.18 (7) (am), 961.18 (7) (az),
12961.18 (7) (em), 961.20 (2) (ax), 961.20 (2) (q), 961.20 (4) (d), 961.22 (4), 961.22

1(5), 961.41 (1) (em) and 961.41 (1m) (em) of the statutes; relating to: controlled
2substances, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, controlled substances are classified in one of five separate
schedules. The classification is based on: 1) whether there is a currently accepted
medical use for the drug; 2) the drug's potential for being abused; and 3) the nature
of the psychological or physical dependence that the drug use may produce.
Schedule I controlled substances are those that have a high potential for abuse
and no currently accepted medical use. Schedule V controlled substances are those
that have an accepted medical use and that have a lower potential for abuse and
produce less dependence when compared with other controlled substances.
Penalties for crimes relating to Schedule I controlled substances are generally the
most severe, and for Schedule V controlled substances are generally the least severe.
Under current law, eight synthetic cannabinoids and two stimulant substances
commonly known as "bath salts" are classified as Schedule I controlled substances.
Current law also penalizes the possession, manufacture, delivery, or distribution of
the analogs of these substances. Current law defines a controlled substance analog
as a substance that has a chemical structure substantially similar to the chemical
structure of a controlled substance in Schedule I or II, and that has a similar effect
on the user of the substance as the controlled substance.
Current law also penalizes the manufacture, distribution, or delivery of
Salvinorin A, a psychotropic ingredient in the plant Salvia divinorum, but does not
classify that substance as a controlled substance.
Under this bill, the concept of an analog of a synthetic cannabinoid or of a bath
salt stimulant is replaced with a description of the chemical structure of the
prohibited or restricted substance. The bill controls synthetic cannabinoids, certain
other designer drugs, and certain substances known as bath salts as part of distinct
structural classes. Under the bill, any substance, listed or not, that conforms to the
structural definition is controlled by the particular structural class. The bill adds
several new hallucinogenic and stimulant substances to Schedule I, and includes
Salvinorin A in the list of Schedule I controlled substances.
The bill also adds several new Schedule II, III, IV, and V controlled substances
by including in those schedules a description of the chemical structure of those
substances.
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:
AB406,1 1Section 1. 59.54 (25g) of the statutes is amended to read:
AB406,3,82 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.
AB406,2 9Section 2. 66.0107 (1) (bn) of the statutes is amended to read:
AB406,3,1510 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
12for a violation of the ordinance, except that any person who is charged with
13possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a
14conviction for possession of a controlled substance in this state shall not be
15prosecuted under this paragraph.
AB406,3 16Section 3. 941.318 of the statutes is repealed.
AB406,4 17Section 4. 961.14 (4) (intro.) of the statutes is amended to read:
AB406,4,218 961.14 (4) Hallucinogenic substances. (intro.) Any material, compound,
19mixture or preparation which contains any quantity of any of the following
20hallucinogenic substances, including any of their salts, isomers, precursors, analogs,
21esters, ethers, and salts of isomers, esters, or ethers that are theoretically possible

1within the specific chemical designation, in any form contained in a plant, obtained
2from a plant, or chemically synthesized:
AB406,5 3Section 5. 961.14 (4) (sm) of the statutes is created to read:
AB406,4,44 961.14 (4) (sm) Salvinorin A;
AB406,6 5Section 6. 961.14 (4) (tb) of the statutes is repealed and recreated to read:
AB406,4,66 961.14 (4) (tb) Synthetic cannabinoids, including:
AB406,4,147 1. Any compound structurally derived from 3-(1-naphthoyl)indole or
81H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the
9indole ring by alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
10cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl,
111-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
12(tetrahydropyran-4-yl)methyl group, whether or not further substituted in the
13indole ring to any extent, whether or not substituted in the naphthyl ring to any
14extent. Substances specified under this subdivision include:
AB406,4,1615 a. 1-pentyl-2-methyl-3-(1-naphthoyl)indole, commonly known as
16JWH-007;
AB406,4,1817 b. 1-propyl-2-methyl-3-(1-naphthoyl)indole, commonly known as
18JWH-015;
AB406,4,2019 c. 1-pentyl-3-(1-naphthoyl)indole, commonly known as JWH-018 or
20AM-678;
AB406,4,2121 d. 1-hexyl-3-(1-naphthoyl)indole, commonly known as JWH-019;
AB406,4,2222 e. 1-butyl-3-(1-naphthoyl)indole, commonly known as JWH-073;
AB406,4,2423 f. 1-pentyl-3-(4-methoxy-1-naphthoyl)indole, commonly known as
24JWH-081;
AB406,5,2
1g. 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole, commonly known
2as JWH-098;
AB406,5,43 h. 1-pentyl-3-(4-methyl-1-naphthoyl)indole, commonly known as
4JWH-122;
AB406,5,65 i. 1-pentyl-3-(7-methoxy-1-naphthoyl)indole, commonly known as
6JWH-164;
AB406,5,87 j. 1-[2-(4-(morpholinyl)ethyl)]-3-(1-naphthoyl)indole, commonly known as
8JWH-200;
AB406,5,99 k. 1-pentyl-3-(4-ethyl-1-naphthoyl)indole, commonly known as JWH-210;
AB406,5,1010 L. 1-pentyl-3-(4-chloro-1-naphthoyl)indole, commonly known as JWH-398;
AB406,5,1111 m. 1-pentyl-3-(4-fluoro-1-naphthoyl)indole, commonly known as JWH-412;
AB406,5,1312 n. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-naphthoyl)indole, commonly
13known as AM-1220;
AB406,5,1414 o. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole, commonly known as AM-2201;
AB406,5,1615 p. 1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole, commonly known as
16MAM-2201;
AB406,5,1817 q. 1-(5-chloropentyl)-3-(1-naphthoyl)indole, commonly known as AM-2201
18(5-chloropentyl);
AB406,5,2019 r. 1-(5-bromopentyl)-3-(1-naphthoyl)indole, commonly known as AM-2201
20(5-bromopentyl);
AB406,5,2121 s. 1-(4-cyanobutyl)-3-(1-naphthoyl)indole, commonly known as AM-2232;
AB406,5,2422 t.
23(R)-(+)-[2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-b
24enzoxazin-6-yl]-1-naphthalenyl-methanone, commonly known as WIN 55,212-2;
AB406,6,8
12. Any compound structurally derived from 3-(1-naphthoyl)pyrrole by
2substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, cyanoalkyl,
3alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
42-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
51-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group,
6whether or not further substituted in the pyrrole ring to any extent, whether or not
7substituted in the naphthyl ring to any extent. Substances specified under this
8subdivision include:
AB406,6,109 a. 1-pentyl-5-(2-fluorophenyl)-3-(1-naphthoyl)pyrrole, commonly known as
10JWH-307;
AB406,6,1211 b. 1-pentyl-5-(2-methylphenyl)-3-(1-naphthoyl)pyrrole, commonly known
12as JWH-370;
AB406,6,1313 c. 1-pentyl-3-(1-naphthoyl)pyrrole, commonly known as JWH-030;
AB406,6,1414 d. 1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole, commonly known as JWH-147;
AB406,6,2315 3. Any compound structurally derived from 3-naphthylmethylindene by
16substitution at the 1-position of the indene ring by alkyl, haloalkyl, cyanoalkyl,
17alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
182-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
191-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group,
20whether or not further substituted in the indene ring to any extent, whether or not
21substituted in the naphthyl ring to any extent. Substances specified under this
22subdivision include 1-pentyl-3-(1-naphthylmethyl)indene, commonly known as
23JWH-176;
AB406,7,624 4. Any compound structurally derived from 3-phenylacetylindole by
25substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl,

1alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
22-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
31-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group,
4whether or not further substituted in the indole ring to any extent, whether or not
5substituted in the phenyl ring to any extent. Substances specified under this
6subdivision include:
AB406,7,87 a. 1-pentyl-3-(4-methoxyphenylacetyl)indole, commonly known as
8JWH-201;
AB406,7,109 b. 1-pentyl-3-(3-methoxyphenylacetyl)indole, commonly known as
10JWH-302;
AB406,7,1211 c. 1-pentyl-3-(2-methoxyphenylacetyl)indole, commonly known as
12JWH-250;
AB406,7,1313 d. 1-pentyl-3-(2-chlorophenylacetyl)indole, commonly known as JWH-203;
AB406,7,1414 e. 1-pentyl-3-(3-chlorophenylacetyl)indole, or 3-chloro isomer of JWH-203;
AB406,7,1515 f. 1-pentyl-3-(4-chlorophenylacetyl)indole, or 4-chloro isomer of JWH-203;
AB406,7,1616 g. 1-pentyl-3-(2-methylphenylacetyl)indole, commonly known as JWH-251;
AB406,7,1817 h. 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole, commonly
18known as RCS-8;
AB406,7,2019 i. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-methoxyphenylacetyl)indole,
20commonly known as cannabipiperidiethanone;
AB406,8,221 5. Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by
22substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, cyanoalkyl,
23alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
242-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
251-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group,

1whether or not substituted in the cyclohexyl ring to any extent. Substances specified
2under this subdivision include:
AB406,8,43 a. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol,
4commonly known as CP 47,497;
AB406,8,65 b. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol,
6commonly known as CP 47,497 C8 homologue, or cannabicyclohexanol;
AB406,8,147 6. Any compound structurally derived from 3-(benzoyl)indole by substitution
8at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, alkenyl,
9cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
102-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
111-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group,
12whether or not further substituted in the indole ring to any extent and whether or
13not substituted in the phenyl ring to any extent. Substances specified under this
14subdivision include:
AB406,8,1515 a. 1-pentyl-3-(2-iodobenzoyl)indole, commonly known as AM-679;
AB406,8,1616 b. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole, commonly known as AM-694;
AB406,8,1717 c. 1-pentyl-3-(4-methoxybenzoyl)indole, commonly known as RCS-4;
AB406,8,1918 d. 1-butyl-3-(4-methoxybenzoyl)indole, commonly known as RCS-4-C4
19homologue;
AB406,8,2120 e. 1-pentyl-3-(2-methoxybenzoyl)indole, commonly known as RCS-4
212-methoxy isomer;
AB406,8,2322 f. 1-butyl-3-(2-methoxybenzoyl)indole, a C4 homologue, 2-methoxy isomer
23of RCS-4;
AB406,8,2524 g. 1-[2-(4-(morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole,
25commonly known as pravadoline, or WIN 48,098;
AB406,9,3
1h.
21-[2-(4-(morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)-6-iodo-indole,
3commonly known as 6-iodopravadoline, or AM-630;
AB406,9,54 i. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-iodo-5-nitrobenzoyl)indole,
5commonly known as AM-1241;
AB406,9,76 j. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-iodobenzoyl)indole,
7commonly known as AM-2233;
AB406,9,158 7. Any compound structurally derived from 3-adamantoylindole by
9substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl,
10alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
112-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
121-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group,
13whether or not further substituted in the indole ring to any extent, whether or not
14substituted in the adamantyl ring to any extent. Substances specified under this
15subdivision include:
AB406,9,1716 a. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-adamantoyl)indole,
17commonly known as AM-1248;
Loading...
Loading...