AB817, s. 249 20Section 249. 161.41 (1p) (b) of the statutes is renumbered 961.492, and
21961.492 (intro.) and (1), as renumbered, are amended to read:
AB817,81,2 22961.492 (title) Distribution or possession with intent to deliver certain
23controlled substances on public transit vehicles.
If a person violates sub. s.
24961.41
(1) or (1m) under all of the following circumstances, the maximum period of

1imprisonment under sub. s. 961.41 (1) or (1m) may be increased by not more than 5
2years:
AB817,81,6 3(1) The violation of sub. s. 961.41 (1) or (1m) involves the delivery or the
4possession, with intent to deliver, of any controlled substance included in schedule
5I or II or a controlled substance analog of any controlled substance included in
6schedule I or II
.
AB817, s. 250 7Section 250. 161.41 (1q) of the statutes is renumbered 961.41 (1q) and
8amended to read:
AB817,81,139 961.41 (1q) (title) Penalty relating to tetrahydrocannabinols in certain
10cases.
Under subs. (1) (h) and (1m) (h) and s. 161.49 961.49 (2), if different penalty
11provisions apply to a person depending on whether the weight of
12tetrahydrocannabinols or the number of marijuana plants containing
13tetrahydrocannabinols
is considered, the greater penalty provision applies.
AB817, s. 251 14Section 251. 161.41 (1r) of the statutes is renumbered 961.41 (1r) and
15amended to read:
AB817,82,216 961.41 (1r) (title) Determining weight of substance. In determining amounts
17under subs. (1) and (1m) and s. 161.49 961.49 (2) (b), an amount includes the weight
18of the controlled substance included under s. 161.16 (2) (b) cocaine, cocaine base,
19heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
20amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any
21controlled substance analog of these substances
together with any compound,
22mixture, diluent, plant material or other substance mixed or combined with the
23controlled substance or controlled substance analog. In addition, in determining
24amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols

1means anything covered included under s. 161.14 961.14 (4) (t) and includes the
2weight of any marijuana.
AB817, s. 252 3Section 252. 161.41 (1x) of the statutes is renumbered 961.41 (1x).
AB817, s. 253 4Section 253. 161.41 (2) of the statutes is renumbered 961.41 (2) and amended
5to read:
AB817,82,96 961.41 (2) (title) Counterfeit substances. Except as authorized by this
7chapter, it is unlawful for any person to create, manufacture, deliver or possess with
8intent to deliver, a counterfeit substance. Any person who violates this subsection
9with respect to:
AB817,82,1210 (a) A counterfeit substance classified included in schedule I or II which is a
11narcotic drug, may be fined not more than $25,000 or imprisoned for not more than
1215 years or both;.
AB817,82,1413 (b) Any other counterfeit substance classified included in schedule I, II or III,
14may be fined not more than $15,000 or imprisoned for not more than 5 years or both;.
AB817,82,1615 (c) A counterfeit substance classified included in schedule IV, may be fined not
16more than $10,000 or imprisoned for not more than 3 years or both;.
AB817,82,1817 (d) A counterfeit substance classified included in schedule V, may be fined not
18more than $5,000 or imprisoned for not more than one year or both.
AB817, s. 254 19Section 254. 161.41 (2m) of the statutes is renumbered 961.41 (4) (bm) and
20amended to read:
AB817,83,321 961.41 (4) (bm) It is unlawful for any person to agree, consent or offer to
22lawfully manufacture, deliver, distribute or dispense any controlled substance to any
23person, or to offer, arrange or negotiate to have any controlled substance unlawfully
24manufactured, delivered, distributed or dispensed, and then manufacture, deliver,
25distribute or dispense or offer, arrange or negotiate to have manufactured, delivered,

1distributed or dispensed to any such person a substance which is not a controlled
2substance. Any person who violates this subsection paragraph may be fined not
3more than $500 or imprisoned for not more than 6 months or both.
AB817, s. 255 4Section 255. 161.41 (2r) (a) of the statutes is renumbered 961.41 (3g) (intro.)
5and amended to read:
AB817,83,146 961.41 (3g) (title) Possession. (intro.) Except as provided in par. (b), it is
7unlawful for any person to
No person may possess or attempt to possess a controlled
8substance classified in schedule I or II that is a narcotic drug or a controlled
9substance analog
unless the substance was obtained person obtains the substance
10or the analog
directly from, or pursuant to a valid prescription or order of, a
11practitioner while who is acting in the course of his or her professional practice, or
12except as unless the person is otherwise authorized by this chapter to possess the
13substance or the analog
. Any person who violates this paragraph subsection is
14subject to the following penalties:
AB817,83,21 15(a) 1. Except as provided in subd. 2., if the person possesses a controlled
16substance included in schedule I or II which is a narcotic drug, or possesses a
17controlled substance analog of a controlled substance included in schedule I or II
18which is a narcotic drug, the person may
, upon a first conviction, may be fined not
19more than $5,000 or imprisoned for not more than one year or both, and for a 2nd or
20subsequent offense, the person may be fined not more than $10,000 or imprisoned
21for not more than 2 years or both.
AB817, s. 256 22Section 256. 161.41 (2r) (b) of the statutes is renumbered 961.41 (3g) (a) 2. and
23amended to read:
AB817,84,524 961.41 (3g) (a) 2. It is unlawful for any person to possess or attempt If the
25person possesses or attempts
to possess heroin unless it was obtained directly from,

1or pursuant to a valid prescription or order of, a practitioner while acting in the
2course of his or her professional practice, or except as otherwise authorized by this
3chapter. Any
or a controlled substance analog of heroin, the person who violates this
4paragraph
may be fined not more than $5,000 or imprisoned for not more than one
5year or both.
AB817, s. 257 6Section 257. 161.41 (2r) (c) of the statutes is renumbered 961.41 (3g) (a) 3. and
7amended to read:
AB817,84,138 961.41 (3g) (a) 3. For purposes of this subsection paragraph, an offense is
9considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted under this chapter or under any
11statute of the United States or of any state relating to controlled substances,
12controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or
13hallucinogenic drugs.
AB817, s. 258 14Section 258. 161.41 (3) of the statutes is renumbered 961.41 (3g) (b) and
15amended to read:
AB817,84,2516 961.41 (3g) (b) Except as provided in subs. (3m), (3n), (3p) and (3r), it is
17unlawful for any
pars. (c), (d) and (e), if the person to possess or attempt possesses
18or attempts
to possess a controlled substance or controlled substance analog, other
19than a controlled substance classified included in schedule I or II that is a narcotic
20drug ,unless the substance was obtained directly from, or pursuant to a valid
21prescription or order of, a practitioner while acting in the course of his or her
22professional practice, or except as otherwise authorized by this chapter. Any
or a
23controlled substance analog of a controlled substance included in schedule I or II that
24is a narcotic drug, the
person who violates this subsection is guilty of a misdemeanor,
25punishable under s. 939.61.
AB817, s. 259
1Section 259. 161.41 (3m) of the statutes is renumbered 961.41 (3g) (c) and
2amended to read:
AB817,85,103 961.41 (3g) (c) It is unlawful for any person to possess or attempt If a person
4possess or attempts
to possess a controlled substance included under s. 161.16 (2) (b),
5unless the substance was obtained directly from, or pursuant to a valid prescription
6or order of, a practitioner while acting in the course of his or her professional practice,
7or except as otherwise authorized by this chapter. Any
cocaine or cocaine base, or a
8controlled substance analog of cocaine or cocaine base, the
person who violates this
9subsection
shall be fined not more than $5,000 and may be imprisoned for not more
10than one year in the county jail.
AB817, s. 260 11Section 260. 161.41 (3n) of the statutes is renumbered 961.41 (3g) (d) and
12amended to read:
AB817,85,2213 961.41 (3g) (d) It is unlawful for any person to possess or attempt If a person
14possesses or attempts
to possess lysergic acid diethylamide, phencyclidine,
15amphetamine, methamphetamine, methcathinone, psilocin or psilocybin unless the
16substance was obtained directly from, or pursuant to a valid prescription or order of,
17a practitioner while acting in the course of his or her professional practice, or except
18as otherwise authorized by this chapter. Any
, or a controlled substance analog of
19lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine,
20methcathinone, psilocin or psilocybin, the
person who violates this subsection may
21be fined not more than $5,000 or imprisoned for not more than one year in the county
22jail or both.
AB817, s. 261 23Section 261. 161.41 (3p) of the statutes is repealed.
AB817, s. 262 24Section 262. 161.41 (3r) of the statutes is renumbered 961.41 (3g) (e) and
25amended to read:
AB817,86,8
1961.41 (3g) (e) It is unlawful for any person to possess or attempt If a person
2possesses or attempts
to possess tetrahydrocannabinols, listed at included under s.
3161.14 961.14 (4) (t), unless it was obtained directly from, or pursuant to a valid
4prescription or order of, a practitioner while acting in the course of his or her
5professional practice, or except as otherwise authorized by this chapter. Any
or a
6controlled substance analog of tetrahydrocannabinols, the
person who violates this
7subsection
may be fined not more than $1,000 or imprisoned for not more than 6
8months or both.
AB817, s. 263 9Section 263. 161.41 (4) (a) of the statutes is renumbered 961.41 (4) (am) 1. and
10amended to read:
AB817,86,1311 961.41 (4) (am) 1. No person may knowingly distribute or deliver, attempt to
12distribute or deliver or cause to be distributed or delivered a noncontrolled substance
13and expressly or impliedly represent any of the following to the recipient:
AB817,86,1414 a. The That the substance is a controlled substance; or.
AB817,86,1915 b. The That the substance is of a nature, appearance or effect that will allow
16the recipient to display, sell, distribute, deliver or use the noncontrolled substance
17as a controlled substance, if the representation is made under circumstances in
18which the person has reasonable cause to believe that the noncontrolled substance
19will be used or distributed for use as a controlled substance
.
AB817, s. 264 20Section 264. 161.41 (4) (b) of the statutes is renumbered 961.41 (4) (am) 2., and
21961.41 (4) (am) 2. (intro.) and d., as renumbered, are amended to read:
AB817,86,2322 961.41 (4) (am) 2. Proof of any of the following is prima facie evidence of a
23representation specified in par. (a) 1. or 2. subd. 1. a. or b.:
AB817,87,224 d. The person distributing or delivering, attempting to distribute or deliver or
25causing distribution or delivery of the substance to be made states to the recipient

1that the substance may be resold at a price that substantially exceeds the value of
2the substance.
AB817, s. 265 3Section 265. 161.41 (4) (c) of the statutes is renumbered 961.41 (4) (am) 3. and
4amended to read:
AB817,87,65 961.41 (4) (am) 3. A person convicted of violating this subsection paragraph
6may be fined not more than $5,000 or imprisoned for not more than one year or both.
AB817, s. 266 7Section 266. 161.41 (5) of the statutes is renumbered 961.41 (5).
AB817, s. 267 8Section 267. 161.42 of the statutes is renumbered 961.42.
AB817, s. 268 9Section 268. 161.43 of the statutes is renumbered 961.43, and 961.43 (1) (b)
10(intro.) and 1., as renumbered, are amended to read:
AB817,87,1411 961.43 (1) (b) (intro.) To Without authorization, to make, distribute or possess
12any punch, die, plate, stone or other thing designed to print, imprint or reproduce the
13trademark, trade name or other identifying mark, imprint or device of another or any
14likeness of any of the foregoing upon any drug or container or labeling thereof so as:
AB817,87,1515 1. To make a counterfeit a drug substance; or
AB817, s. 269 16Section 269. 161.435 of the statutes is renumbered 961.435 and amended to
17read:
AB817,87,19 18961.435 Specific penalty. Any person who violates s. 161.38 961.38 (5) may
19be fined not more than $500 or imprisoned not more than 30 days or both.
AB817, s. 270 20Section 270. 161.438 of the statutes is renumbered 961.438.
AB817, s. 271 21Section 271. 161.44 of the statutes is renumbered 961.44.
AB817, s. 272 22Section 272. 161.45 of the statutes is renumbered 961.45.
AB817, s. 273 23Section 273. 161.455 (title) of the statutes is renumbered 961.455 (title).
AB817, s. 274 24Section 274. 161.455 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
25is renumbered 961.455 (1) and amended to read:
AB817,88,4
1961.455 (1) Any person who has attained the age of 17 years who knowingly
2solicits, hires, directs, employs or uses a person who is 17 years of age or under for
3the purpose of violating s. 161.41 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than 10 years or both.
AB817, s. 275 5Section 275. 161.455 (2), (3) and (4) of the statutes are renumbered 961.455
6(2), (3) and (4), and 961.455 (4), as renumbered, is amended to read:
AB817,88,97 961.455 (4) If the conduct described under sub. (1) results in a violation under
8s. 161.41 961.41 (1), the actor is subject to prosecution and conviction under s. 161.41
9961.41 (1) or this section or both.
AB817, s. 276 10Section 276. 161.46 (title) of the statutes is renumbered 961.46 (title).
AB817, s. 277 11Section 277. 161.46 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
12is renumbered 961.46 (1) and amended to read:
AB817,88,1913 961.46 (1) Except as provided in sub. (3), any person 17 years of age or over who
14violates s. 161.41 961.41 (1) by distributing or delivering a controlled substance
15listed included in schedule I or II which is a narcotic drug or a controlled substance
16analog of a controlled substance included in schedule I or II which is a narcotic drug

17to a person 17 years of age or under who is at least 3 years his or her junior is
18punishable by the fine authorized by s. 161.41 961.41 (1) (a) or a term of
19imprisonment of up to twice that authorized by s. 161.41 961.41 (1) (a), or both.
AB817, s. 278 20Section 278. 161.46 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
21is renumbered 961.46 (2) and amended to read:
AB817,89,322 961.46 (2) Except as provided in sub. (3), any person 17 years of age or over who
23violates s. 161.41 961.41 (1) by distributing or delivering any other controlled
24substance listed included in schedule I, II, III, IV or V or a controlled substance
25analog of any other controlled substance included in schedule I or II
to a person 17

1years of age or under who is at least 3 years his or her junior is punishable by the fine
2authorized by s. 161.41 961.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice
3that authorized by s. 161.41 961.41 (1) (b), (i) or (j) or both.
AB817, s. 279 4Section 279. 161.46 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
5is renumbered 961.46 (3) and amended to read:
AB817,89,146 961.46 (3) If any person 17 years of age or over violates s. 161.41 961.41 (1) (cm),
7(d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14
8(7) (L) or 161.16 (2) (b)
or delivering cocaine, cocaine base, heroin, phencyclidine,
9lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
10methcathinone
or any form of tetrahydrocannabinols or a controlled substance
11analog of any of these substances
to a person 17 years of age or under who is at least
123 years his or her junior, any applicable minimum and maximum fines and minimum
13and maximum periods of imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f),
14(g) or (h) are doubled.
AB817, s. 280 15Section 280. 161.465 (title) of the statutes is renumbered 961.465 (title).
AB817, s. 281 16Section 281. 161.465 (1) of the statutes is renumbered 961.465 (1) and
17amended to read:
AB817,89,2318 961.465 (1) Except as provided in sub. (2), any person who violates s. 161.41
19961.41 (1) or (1m) by delivering, distributing or possessing with intent to deliver or
20distribute
a controlled substance or controlled substance analog to a prisoner within
21the precincts of any prison, jail or house of correction is subject to the applicable fine
22under s. 161.41 961.41 (1) or (1m) or a term of imprisonment of up to twice that
23authorized by s. 161.41 961.41 (1) or (1m) or both.
AB817, s. 282 24Section 282. 161.465 (2) of the statutes is renumbered 961.465 (2) and
25amended to read:
AB817,90,10
1961.465 (2) If a person violates s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h)
2or (1m) (cm), (d), (e), (f), (g) or (h) by delivering, distributing or possessing with intent
3to deliver a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b) or
4distribute cocaine, cocaine base
, heroin, phencyclidine, lysergic acid diethylamide,
5psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form
6of tetrahydrocannabinols, or a controlled substance analog of any of these
7substances,
to a prisoner within the precincts of any prison, jail or house of
8correction, any applicable minimum and maximum fines and minimum and
9maximum periods of imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or
10(h) or (1m) (cm), (d), (e), (f), (g) or (h) are doubled.
AB817, s. 283 11Section 283. 161.465 (2m) of the statutes is renumbered 961.465 (2m) and
12amended to read:
AB817,90,1413 961.465 (2m) A person may be subject to increased penalties under both this
14section and s. 161.49 961.49 regarding the same unlawful act.
AB817, s. 284 15Section 284. 161.465 (3) of the statutes is renumbered 961.465 (3).
AB817, s. 285 16Section 285. 161.47 of the statutes is renumbered 961.47, and 961.47 (1), as
17renumbered, is amended to read:
AB817,91,918 961.47 (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 or
22hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
23possession of a controlled substance or controlled substance analog under s. 161.41
24(3)
961.41 (3g) (b), the court, without entering a judgment of guilt and with the
25consent of the accused, may defer further proceedings and place him or her on

1probation upon terms and conditions. Upon violation of a term or condition, the court
2may enter an adjudication of guilt and proceed as otherwise provided. Upon
3fulfillment of the terms and conditions, the court shall discharge the person and
4dismiss the proceedings against him or her. Discharge and dismissal under this
5section shall be without adjudication of guilt and is not a conviction for purposes of
6disqualifications or disabilities imposed by law upon conviction of a crime, including
7the additional penalties imposed for 2nd or subsequent convictions under s. 161.48
8961.48. There may be only one discharge and dismissal under this section with
9respect to any person.
AB817, s. 286 10Section 286. 161.472 of the statutes is renumbered 961.472, and 961.472 (2)
11and (4), as renumbered, are amended to read:
AB817,91,2312 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found
13guilty of possession or attempted possession of a controlled substance or controlled
14substance analog
under s. 161.41 (2r) (b), (3m), (3n) or (3p) 961.41 (3g) (a) 2., (c) or
15(d)
, the court shall order the person to comply with an assessment of the person's use
16of controlled substances. The court's order shall designate a facility that is operated
17by or pursuant to a contract with the county department established under s. 51.42
18and that is certified by the department of health and social services to provide
19assessment services to perform the assessment and, if appropriate, to develop a
20proposed treatment plan. The court shall notify the person that noncompliance with
21the order limits the court's ability to determine whether the treatment option under
22s. 161.475 961.475 is appropriate. The court shall also notify the person of the fee
23provisions under s. 46.03 (18) (fm).
AB817,91,25 24(4) The court shall consider the assessment report in determining whether the
25treatment option under s. 161.475 961.475 is appropriate.
AB817, s. 287
1Section 287. 161.475 of the statutes is renumbered 961.475 and amended to
2read:
AB817,92,15 3961.475 Treatment option. Whenever any person pleads guilty to or is found
4guilty of possession or attempted possession of a controlled substance or controlled
5substance analog
under s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g), the court
6may, upon request of the person and with the consent of a treatment facility with
7special inpatient or outpatient programs for the treatment of drug dependent
8persons, allow the person to enter the treatment programs voluntarily for purposes
9of treatment and rehabilitation. Treatment shall be for the period the treatment
10facility feels is necessary and required, but shall not exceed the maximum sentence
11allowable unless the person consents to the continued treatment. At the end of the
12necessary and required treatment, with the consent of the court, the person may be
13released from sentence. If treatment efforts are ineffective or the person ceases to
14cooperate with treatment rehabilitation efforts, the person may be remanded to the
15court for completion of sentencing.
AB817, s. 288 16Section 288. 161.48 of the statutes is renumbered 961.48, and 961.48 (2), (3)
17and (4), as renumbered, are amended to read:
AB817,92,2518 961.48 (2) If any person is convicted of a 2nd or subsequent offense under this
19chapter that is specified in s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm),
20(d), (e), (f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e), any
21applicable minimum and maximum fines and minimum and maximum periods of
22imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e),
23(f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e) are doubled.
24A 2nd or subsequent offense under s. 161.41 (3m), (3n), (3p) or (3r) 961.41 (3g) (c),
25(d) or (e)
is a felony and the person may be imprisoned in state prison.
AB817,93,6
1(3) For purposes of this section, an offense is considered a 2nd or subsequent
2offense if, prior to the offender's conviction of the offense, the offender has at any time
3been convicted under this chapter or under any statute of the United States or of any
4state relating to controlled substance controlled substances or controlled substance
5analogs
, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic
6drugs.
AB817,93,8 7(4) This section does not apply to offenses under s. 161.41 (2r) 961.41 (3g) (a)
81. and (3) (b).
AB817, s. 289 9Section 289. 161.49 of the statutes is renumbered 961.49 and amended to
10read:
AB817,94,2 11961.49 Distribution of or possession with intent to deliver a controlled
12substance on or near certain places. (1)
If any person violates s. 161.41 961.41
13(1) (cm), (d), (e), (f), (g) or (h) by delivering or distributing, or violates s. 161.41 961.41
14(1m) (cm), (d), (e), (f), (g) or (h) by possessing with intent to deliver, a controlled
15substance included under s. 161.14 (7) (L) or 161.16 (2) (b)
or distribute, cocaine,
16cocaine base
, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
17amphetamine, methamphetamine, methcathinone or any form of
18tetrahydrocannabinols or a controlled substance analog of any of these substances
19while in or on the premises of a scattered-site public housing project, while in or on
20or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or
21correctional facility, a multiunit public housing project, a swimming pool open to
22members of the public, a youth center or a community center, while in or on or
23otherwise within 1,000 feet of any private or public school premises or while in or on
24or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the

1maximum term of imprisonment prescribed by law for that crime may be increased
2by 5 years.
AB817,94,16 3(2) (a) Except as provided in par. (b), if any person violates s. 161.41 961.41 (1)
4by delivering or distributing, or violates s. 161.41 961.41 (1m) by possessing with
5intent to deliver or distribute, a controlled substance listed included in schedule I or
6II or a controlled substance analog of a controlled substance included in schedule I
7or II
while in or on the premises of a scattered-site public housing project, while in
8or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail
9or correctional facility, a multiunit public housing project, a swimming pool open to
10members of the public, a youth center or a community center, while in or on or
11otherwise within 1,000 feet of any private or public school premises or while in or on
12or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
13shall sentence the person to at least 3 years in prison, but otherwise the penalties
14for the crime apply. Except as provided in s. 161.438 961.438, the court shall not place
15the person on probation. The person is not eligible for parole until he or she has
16served at least 3 years, with no modification by the calculation under s. 302.11 (1).
AB817,94,2417 (b) If the conduct described in par. (a) involves only the delivery or distribution,
18or the possession with intent to deliver or distribute, of not more than 25 grams of
19tetrahydrocannabinols, listed at s. 161.14 included in s. 961.14 (4) (t), or not more
20than 5 marijuana plants containing tetrahydrocannabinols, the court shall sentence
21the person to at least one year in prison, but otherwise the penalties for the crime
22apply. Except as provided in s. 161.438 961.438, the court shall not place the person
23on probation. The person is not eligible for parole until he or she has served at least
24one year, with no modification by the calculation under s. 302.11 (1).
AB817, s. 290
1Section 290. 161.495 of the statutes is renumbered 961.495 and amended to
2read:
AB817,95,20 3961.495 Possession or attempted possession of a controlled substance
4on or near certain places.
If any person violates s. 161.41 (2r), (3), (3m), (3n), (3p)
5or (3r)
961.41 (3g) by possessing or attempting to possess a controlled substance
6listed included in schedule I or II or a controlled substance analog of a controlled
7substance included in schedule I or II
while in or on the premises of a scattered-site
8public housing project, while in or on or otherwise within 1,000 feet of a state, county,
9city, village or town park, a jail or correctional facility, a multiunit public housing
10project, a swimming pool open to members of the public, a youth center or a
11community center, while in or on or otherwise within 1,000 feet of any private or
12public school premises or while in or on or otherwise within 1,000 feet of a school bus,
13as defined in s. 340.01 (56), the court shall, in addition to any other penalties that
14may apply to the crime, impose 100 hours of community service work for a public
15agency or a nonprofit charitable organization. The court shall ensure that the
16defendant is provided a written statement of the terms of the community service
17order and that the community service order is monitored. Any organization or
18agency acting in good faith to which a defendant is assigned pursuant to an order
19under this section has immunity from any civil liability in excess of $25,000 for acts
20or omissions by or impacting on the defendant.
AB817, s. 291 21Section 291. 161.50 of the statutes is renumbered 961.50.
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