AB817,32,2322 111.335 (1) (cs) 1. Manufacturing, distributing or delivering a controlled
23substance or controlled substance analog under s. 161.41 961.41 (1).
AB817, s. 73 24Section 73. 111.335 (1) (cs) 2. of the statutes is amended to read:
AB817,33,2
1111.335 (1) (cs) 2. Possessing, with intent to manufacture, distribute or deliver,
2a controlled substance or controlled substance analog under s. 161.41 961.41 (1m).
AB817, s. 74 3Section 74. 111.335 (1) (cs) 3. of the statutes is amended to read:
AB817,33,74 111.335 (1) (cs) 3. Possessing, with intent to manufacture, distribute or deliver,
5or manufacturing, distributing or delivering a controlled substance or controlled
6substance analog
under a federal law that is substantially similar to s. 161.41 961.41
7(1) or (1m).
AB817, s. 75 8Section 75. 111.335 (1) (cs) 4. of the statutes is amended to read:
AB817,33,129 111.335 (1) (cs) 4. Possessing, with intent to manufacture, distribute or deliver,
10or manufacturing, distributing or delivering a controlled substance or controlled
11substance analog
under the law of another state that is substantially similar to s.
12161.41 961.41 (1) or (1m).
AB817, s. 76 13Section 76. 111.37 (5) (c) of the statutes is amended to read:
AB817,33,2314 111.37 (5) (c) Except as provided in sub. (6), this section does not prohibit the
15use of a polygraph test by an employer that is authorized to manufacture, distribute
16or dispense a controlled substance listed included in schedule I, II, III, IV or V under
17ch. 161 961 if the test is administered to a prospective employe who would have direct
18access to the manufacture, storage, distribution or sale of the controlled substance
19or to a current employe if the test is administered in connection with an ongoing
20investigation of criminal or other misconduct that involves, or potentially involves,
21loss or injury to the manufacture, distribution or dispensing of the controlled
22substance by that employer and the employe had access to the person or property
23that is the subject of the investigation.
AB817, s. 77 24Section 77. 114.09 (1) (b) of the statutes is amended to read:
AB817,34,13
1114.09 (1) (b) No person may operate an aircraft in the air or on the ground or
2water while under the influence of intoxicating liquor or controlled substances or
3controlled substance analogs
under ch. 161 961 or a combination thereof, under the
4influence of any other drug to a degree which renders him or her incapable of safely
5operating an aircraft, or under the combined influence of intoxicating liquor and any
6other drug to a degree which renders him or her incapable of safely operating an
7aircraft, nor operate an aircraft in the air or on the ground or water in a careless or
8reckless manner so as to endanger the life or property of another. In determining
9whether the operation was careless or reckless the court shall consider the standards
10for safe operation of aircraft prescribed by federal statutes or regulations governing
11aeronautics. The court shall make a written report of all convictions, including bail
12or appearance money forfeitures, obtained under this section to the department,
13which shall send the report to the proper federal agency.
AB817, s. 78 14Section 78. 114.103 (1) (a) of the statutes is amended to read:
AB817,34,1615 114.103 (1) (a) "Controlled substance" has the meaning given in s. 161.01
16961.01 (4).
AB817, s. 79 17Section 79. 114.103 (1) (am) of the statutes is created to read:
AB817,34,1918 114.103 (1) (am) "Controlled substance analog" has the meaning given in s.
19961.01 (4m).
AB817, s. 80 20Section 80. 114.103 (2) (a) of the statutes is amended to read:
AB817,35,321 114.103 (2) (a) If any private security person acting in the course of his or her
22employment at an airport believes, on the basis of personal observation, that
23someone possesses a controlled substance or a controlled substance analog, without
24a prescription or an authorization for that possession, or possesses $10,000 or more
25in cash or that a shipment contains a controlled substance or controlled substance

1analog
or $10,000 or more in cash, the private security person shall report, as soon
2as practicable and by telephone or in person, to the county sheriff's office or the police
3department of the municipality in which the airport is located.
AB817, s. 81 4Section 81. 115.35 (1) of the statutes is amended to read:
AB817,35,205 115.35 (1) A critical health problems education program is established in the
6department. The program shall be a systematic and integrated program designed
7to provide appropriate learning experiences based on scientific knowledge of the
8human organism as it functions within its environment and designed to favorably
9influence the health, understanding, attitudes and practices of the individual child
10which will enable him or her to adapt to changing health problems of our society. The
11program shall be designed to educate youth with regard to critical health problems
12and shall include, but not be limited to, the following topics as the basis for
13comprehensive education curricula in all elementary and secondary schools:
14controlled substances, as defined in s. 161.01 961.01 (4); controlled substance
15analogs, as defined in s. 961.01 (4m);
alcohol; tobacco; mental health; sexually
16transmitted diseases, including acquired immunodeficiency syndrome; human
17growth and development; and related health and safety topics. Participation in the
18human growth and development topic of the curricula shall be entirely voluntary.
19The department may not require a school board to use a specific human growth and
20development curriculum.
AB817, s. 82 21Section 82. 118.01 (2) (d) 2. c. of the statutes is amended to read:
AB817,36,222 118.01 (2) (d) 2. c. Knowledge of physiology and hygiene, sanitation, the effects
23of controlled substances under ch. 161 961 and alcohol upon the human system,
24symptoms of disease and the proper care of the body. No pupil may be required to
25take instruction in these subjects if his or her parent files with the teacher a written

1objection thereto. Instruction in physiology and hygiene shall include instruction on
2sexually transmitted diseases and shall be offered in every high school.
AB817, s. 83 3Section 83. 118.01 (2) (d) 6. of the statutes is amended to read:
AB817,36,64 118.01 (2) (d) 6. Knowledge of the prevention of accidents and promotion of
5safety on the public highways, including instruction on the relationship between
6highway safety and the use of alcohol and controlled substances under ch. 161 961.
AB817, s. 84 7Section 84. 118.01 (2) (d) 7. of the statutes is amended to read:
AB817,36,138 118.01 (2) (d) 7. The skills needed to make sound decisions, knowledge of the
9conditions which may cause and the signs of suicidal tendencies, knowledge of the
10relationship between youth suicide and the use of alcohol and controlled substances
11under ch. 161 961 and knowledge of the available community youth suicide
12prevention and intervention services. Instruction shall be designed to help prevent
13suicides by pupils by promoting the positive emotional development of pupils.
AB817, s. 85 14Section 85. 118.257 (1) (a) of the statutes is amended to read:
AB817,36,1615 118.257 (1) (a) "Controlled substance" has the meaning specified in s. 161.01
16961.01 (4).
AB817, s. 86 17Section 86. 118.257 (1) (am) of the statutes is created to read:
AB817,36,1918 118.257 (1) (am) "Controlled substance analog" has the meaning given in s.
19961.01 (4m).
AB817, s. 87 20Section 87. 118.257 (1) (b) of the statutes is amended to read:
AB817,36,2121 118.257 (1) (b) "Distribute" has the meaning specified in s. 161.01 961.01 (9).
AB817, s. 88 22Section 88. 118.257 (2) of the statutes is amended to read:
AB817,37,323 118.257 (2) A school administrator, principal, pupil services professional or
24teacher employed by a school board is not liable for referring a pupil enrolled in the
25school district to law enforcement authorities, or for removing a pupil from the school

1premises or from participation in a school-sponsored activity, for suspicion of
2possession, distribution or consumption of an alcohol beverage or a controlled
3substance or controlled substance analog.
AB817, s. 89 4Section 89. 125.12 (2) (ag) 5. of the statutes is amended to read:
AB817,37,135 125.12 (2) (ag) 5. The person has been convicted of manufacturing, distributing
6or delivering a controlled substance or controlled substance analog under s. 161.41
7961.41 (1); of possessing, with intent to manufacture , distribute or delivery deliver,
8a controlled substance or controlled substance analog under s. 161.41 961.41 (1m);
9or of possessing, with intent to manufacture or deliver, or of manufacturing or
10delivering a controlled substance under s. 161.41 (1m);
or of possessing, with intent
11to manufacture, distribute or delivery deliver, or of manufacturing, distributing or
12delivering a controlled substance or controlled substance analog under a
13substantially similar federal law or a substantially similar law of another state.
AB817, s. 90 14Section 90. 125.12 (2) (ag) 6. of the statutes is amended to read:
AB817,37,1815 125.12 (2) (ag) 6. The person knowingly allows another person, who is on the
16premises for which the license under this chapter is issued, to possess, with the
17intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver
18a controlled substance or controlled substance analog.
AB817, s. 91 19Section 91. 125.12 (4) (ag) 7. of the statutes is amended to read:
AB817,38,220 125.12 (4) (ag) 7. That the licensee has been convicted of manufacturing,
21distributing
or delivering a controlled substance or controlled substance analog
22under s. 161.41 961.41 (1); of possessing, with intent to manufacture, distribute or
23deliver, a controlled substance or controlled substance analog under s. 161.41 961.41
24(1m); or of possessing, with intent to manufacture, distribute or deliver, or of
25manufacturing, distributing or delivering a controlled substance or controlled

1substance analog
under a substantially similar federal law or a substantially similar
2law of another state.
AB817, s. 92 3Section 92. 125.12 (4) (ag) 8. of the statutes is amended to read:
AB817,38,74 125.12 (4) (ag) 8. That the licensee knowingly allows another person, who is
5on the premises for which the license under this chapter is issued, to possess, with
6the intent to manufacture, distribute or deliver, or to manufacture, distribute or
7deliver a controlled substance or controlled substance analog.
AB817, s. 93 8Section 93. 139.34 (1) (c) 3. of the statutes is amended to read:
AB817,38,109 139.34 (1) (c) 3. The person is addicted to the use of a controlled substance or
10controlled substance analog
under ch. 161 961.
AB817, s. 94 11Section 94. 139.37 (1) (c) 3. of the statutes is amended to read:
AB817,38,1312 139.37 (1) (c) 3. Is addicted to the use of a controlled substance or controlled
13substance analog
under ch. 161 961;
AB817, s. 95 14Section 95. 139.87 (2) of the statutes is amended to read:
AB817,38,2515 139.87 (2) "Dealer" means a person who in violation of ch. 161 961 possesses,
16manufactures, produces, ships, transports, delivers, distributes, imports, sells or
17transfers to another person more than 42.5 grams of marijuana material containing
18tetrahydrocannabinols
, more than 5 marijuana plants containing
19tetrahydrocannabinols
, more than 14 grams of mushrooms containing psilocin or
20psilocybin, more than 100 milligrams of any material containing lysergic acid
21diethylamide or more than 7 grams of any other schedule I controlled substance or
22schedule II controlled substance or of a controlled substance analog of a schedule I
23or schedule II controlled substance
. "Dealer" does not include a person who lawfully
24possesses marijuana or another a controlled substance or controlled substance
25analog
.
AB817, s. 96
1Section 96. 139.87 (4) of the statutes is repealed.
AB817, s. 97 2Section 97. 139.87 (5) of the statutes is amended to read:
AB817,39,43 139.87 (5) "Schedule I controlled substance" means a substance listed included
4in s. 161.14 961.14.
AB817, s. 98 5Section 98. 139.87 (6) of the statutes is amended to read:
AB817,39,76 139.87 (6) "Schedule II controlled substance" means a substance listed included
7in s. 161.16 961.16.
AB817, s. 99 8Section 99. 139.87 (7) of the statutes is created to read:
AB817,39,109 139.87 (7) "Tetrahydrocannabinols" means a substance included in s. 961.14
10(4) (t).
AB817, s. 100 11Section 100. 139.88 (1) of the statutes is amended to read:
AB817,39,1412 139.88 (1) Per gram or part of a gram of marijuana material containing
13tetrahydrocannabinols
, whether pure or impure, measured when in the dealer's
14possession, $3.50.
AB817, s. 101 15Section 101. 139.88 (1d) of the statutes is amended to read:
AB817,39,1716 139.88 (1d) Per marijuana plant containing tetrahydrocannabinols,
17regardless of weight, counted when in the dealer's possession, $1,000.
AB817, s. 102 18Section 102. 146.0255 (title) of the statutes is amended to read:
AB817,39,20 19146.0255 (title) Testing infants for controlled substances or controlled
20substance analogs
.
AB817, s. 103 21Section 103. 146.0255 (1) of the statutes is renumbered 146.0255 (1) (intro.)
22and amended to read:
AB817,39,2323 146.0255 (1) (title) Definition Definitions. (intro.) In this section , "controlled:
AB817,39,24 24(a) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).
AB817, s. 104 25Section 104. 146.0255 (1) (b) of the statutes is created to read:
AB817,40,2
1146.0255 (1) (b) "Controlled substance analog" has the meaning given in s.
2961.01 (4m).
AB817, s. 105 3Section 105. 146.0255 (2) of the statutes is amended to read:
AB817,40,194 146.0255 (2) Testing. Any hospital employe who provides health care, social
5worker or foster care or treatment foster care intake worker may refer an infant to
6a physician for testing of the infant's bodily fluids for controlled substances or
7controlled substance analogs
if the hospital employe who provides health care, social
8worker or foster care or treatment foster care intake worker suspects that the infant
9has controlled substances or controlled substance analogs in the infant's bodily fluids
10because of the mother's ingestion of controlled substances or controlled substance
11analogs
while she was pregnant with the infant. The physician may test the infant
12to ascertain whether or not the infant has controlled substances or controlled
13substance analogs
in the infant's bodily fluids, if the parent or guardian consents to
14the testing and if the physician determines that there is a serious risk that there are
15controlled substances or controlled substance analogs in the infant's bodily fluids
16because of the mother's ingestion of controlled substances or controlled substance
17analogs
while she was pregnant with the infant. If the results of the test indicate that
18the infant does have controlled substances or controlled substance analogs in the
19infant's bodily fluids, the physician shall make a report under s. 46.238.
AB817, s. 106 20Section 106. Chapter 161 (title) of the statutes is renumbered chapter 961
21(title).
AB817, s. 107 22Section 107. 161.001 (intro.) of the statutes is renumbered 961.001 (intro.).
AB817, s. 108 23Section 108. 161.001 (1) of the statutes is renumbered 961.001 (1r).
AB817, s. 109 24Section 109. 161.001 (2) of the statutes is renumbered 961.001 (2).
AB817, s. 110 25Section 110. 161.001 (3) of the statutes is renumbered 961.001 (3).
AB817, s. 111
1Section 111. Subchapter I (title) of chapter 161 [precedes 161.01] of the
2statutes is renumbered subchapter I (title) of chapter 961 [precedes 961.01].
AB817, s. 112 3Section 112. 161.01 (intro.) of the statutes is renumbered 961.01 (intro.).
AB817, s. 113 4Section 113. 161.01 (1) of the statutes is renumbered 961.01 (1), and 961.01
5(1) (intro.), as renumbered, is amended to read:
AB817,41,96 961.01 (1) (intro.) "Administer", unless the context otherwise requires, means
7the direct application of to apply a controlled substance, whether by injection,
8inhalation, ingestion or any other means, to the body of a patient or research subject
9by:
AB817, s. 114 10Section 114. 161.01 (2) of the statutes is renumbered 961.01 (2) and amended
11to read:
AB817,41,1612 961.01 (2) "Agent", unless the context otherwise requires, means an authorized
13person who acts on behalf of or at the direction of a manufacturer, distributor or
14dispenser. It "Agent" does not include a common or contract carrier, public
15warehouse keeper or employe of the carrier or warehouse keeper while acting in the
16usual and lawful course of the carrier's or warehouse keeper's business
.
AB817, s. 115 17Section 115. 161.01 (3) of the statutes is repealed.
AB817, s. 116 18Section 116. 161.01 (4) of the statutes is renumbered 961.01 (4) and amended
19to read:
AB817,41,2120 961.01 (4) "Controlled substance" means a drug, substance or immediate
21precursor included in schedules I to V of subch. II.
AB817, s. 117 22Section 117. 161.01 (5) of the statutes is renumbered 961.01 (5).
AB817, s. 118 23Section 118. 161.01 (6) of the statutes is renumbered 961.01 (6) and amended
24to read:
AB817,42,4
1961.01 (6) "Deliver" or "delivery" , unless the context otherwise requires, means
2the actual, constructive or attempted transfer from one person to another of a
3controlled substance or controlled substance analog, whether or not there is any
4agency relationship.
AB817, s. 119 5Section 119. 161.01 (7) of the statutes is renumbered 961.01 (7).
AB817, s. 120 6Section 120. 161.01 (8) of the statutes is renumbered 961.01 (8).
AB817, s. 121 7Section 121. 161.01 (9) of the statutes is renumbered 961.01 (9) and amended
8to read:
AB817,42,109 961.01 (9) "Distribute" means to deliver other than by administering or
10dispensing a controlled substance or controlled substance analog.
AB817, s. 122 11Section 122. 161.01 (10) of the statutes is renumbered 961.01 (10).
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