Amendment ASA1-AB183

AB183-ASA1,7,5 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), and s. 961.437 (2m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methamphetamine precursors, methcathinone, or tetrahydrocannabinols or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or, controlled substance analog, or methamphetamine precursor. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

AB183-ASA1, s. 25 Section 25. 961.41 (3j) of the statutes is created to read:

AB183-ASA1,7,12 961.41 (3j) Purchase of pseudoephedrine. Whoever, other than a physician, dentist, veterinarian, or pharmacist, purchases within a 30-day period more than 9 grams of a product to which s. 961.22 (3) (b) applies from a single seller other than by purchasing the product in person from a pharmacy or pharmacist is guilty of a Class I felony. This subsection does not apply to a purchase that is authorized by a physician, dentist, or veterinarian.

AB183-ASA1, s. 26 Section 26. 961.437 (title) of the statutes is amended to read:

AB183-ASA1,7,15 961.437 (title) Possession and disposal of Materials used in and waste produced from manufacture of methamphetamine.

AB183-ASA1, s. 27 Section 27. 961.437 (1) (title) of the statutes is created to read:

AB183-ASA1,7,17 961.437 (1) (title) Definitions.

AB183-ASA1, s. 28 Section 28. 961.437 (2) of the statutes is renumbered 961.437 (3m) (a).

AB183-ASA1, s. 29 Section 29. 961.437 (2m) of the statutes is created to read:

AB183-ASA1,8,2 961.437 (2m) Materials used in manufacture of methamphetamine. Except as authorized by this chapter, any person who possesses a methamphetamine precursor, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia, or liquid nitrogen with intent to manufacture methamphetamine is guilty of a Class H felony. Possession of more than 24 grams of methamphetamine precursors shall be prima facie evidence of intent to manufacture methamphetamine.

AB183-ASA1, s. 30 Section 30. 961.437 (3) of the statutes is renumbered 961.437 (3m) (b), and 961.437 (3m) (b) (intro.) and 2., as renumbered, are amended to read:

AB183-ASA1,8,7 961.437 (3m) (b) (intro.) Subsection (2) Paragraph (a) does not apply to a person who possesses or disposes of methamphetamine manufacturing waste under all of the following circumstances:

AB183-ASA1,8,9 2. The methamphetamine manufacturing waste had previously been possessed or disposed of by another person in violation of sub. (2) par. (a).

AB183-ASA1, s. 31 Section 31. 961.437 (3m) (title) of the statutes is created to read:

AB183-ASA1,8,11 961.437 (3m) (title) Waste from manufacture of methamphetamine.

AB183-ASA1, s. 32 Section 32. 961.437 (4) of the statutes is renumbered 961.437 (3m) (c), and 961.437 (3m) (c) (intro.), as renumbered, is amended to read:

AB183-ASA1,8,15 961.437 (3m) (c) (intro.) A person who violates sub. (2) par. (a) is subject to the following penalties:

AB183-ASA1, s. 33 Section 33. 961.437 (5) of the statutes is renumbered 961.437 (3m) (d) and amended to read:

AB183-ASA1,8,19 961.437 (3m) (d) Each day of a continuing violation of sub. (2) par. (a) 1. or (b) 2. constitutes a separate offense.

AB183-ASA1, s. 34 Section 34. 961.453 of the statutes is created to read:

AB183-ASA1,8,25 961.453 Purchases of pseudoephedrine on behalf of another person. (1) (a) No person may knowingly solicit, hire, direct, employ, or use another to purchase, on behalf of the actor, a product to which s. 961.22 (3) (b) applies if the actor does so with the intent to acquire within a 30-day period more than 9 grams of a product to which s. 961.22 (3) (b) applies.

AB183-ASA1,9,2 (b) 1. Except as provided in subd. 2., a person who violates par. (a) is guilty of a Class I felony.

AB183-ASA1,9,5 2. If the person who is solicited, hired, directed, employed, or used to purchase the product to which s. 961.22 (3) (b) applies is less than 18 years of age, the actor is guilty of a Class H felony.

AB183-ASA1,9,9 (2) No person may purchase, on behalf of another, a product to which s. 961.22 (3) (b) applies if the actor does so with the intent to facilitate another person's manufacture of methamphetamine. A person who violates this subsection is guilty of a Class I felony.

AB183-ASA1, s. 35 Section 35. 961.46 of the statutes is renumbered 961.46 (1) and amended to read:

AB183-ASA1,9,16 961.46 (1) If Except as provided in sub. (2), if a person violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB183-ASA1, s. 36 Section 36. 961.46 (2) of the statutes is created to read:

AB183-ASA1,9,21 961.46 (2) Notwithstanding s. 961.41 (1) (e), if a person violates s. 961.41 (1) by distributing or delivering methamphetamine or a controlled substance analog of methamphetamine to a person 17 years of age or under who is at least 2 years his or her junior, the person is guilty of a Class B felony.

AB183-ASA1, s. 37 Section 37. 961.49 (title) of the statutes is amended to read:

AB183-ASA1,9,25 961.49 (title) Distribution of or possession with Offenses involving intent to deliver or distribute a controlled substance on or near certain places.

AB183-ASA1, s. 38 Section 38. 961.49 of the statutes is renumbered 961.49 (1m).

AB183-ASA1, s. 39 Section 39. 961.49 (2m) of the statutes is created to read:

AB183-ASA1,10,7 961.49 (2m) If any person violates s. 961.437 (2m) with intent to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine and the delivery, distribution, or possession takes place under any of the circumstances listed under sub. (1m) (a), (b), (c), or (d), the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years.

AB183-ASA1, s. 40 Section 40. 973.01 (2) (c) 2. a. of the statutes is amended to read:

AB183-ASA1,10,9 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.645, 961.46 (1), and 961.49.

AB183-ASA1, s. 41 Section 41. 973.017 (8) (a) 3. of the statutes is created to read:

AB183-ASA1,10,15 973.017 (8) (a) 3. When making a sentencing decision concerning a person convicted of violating s. 961.437 (2m), the court shall consider as an aggravating factor the fact that the person intended to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine to a prisoner within the precincts of any prison, jail, or house of correction.

AB183-ASA1, s. 42 Section 42. 973.017 (8) (c) of the statutes is created to read:

AB183-ASA1,10,21 973.017 (8) (c) When making a sentencing decision concerning a person convicted of violating s. 961.437 (2m), the court shall consider as an aggravating factor the fact that the person intended to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine and that the person knowingly used a public transit vehicle during the violation.

AB183-ASA1,10,22 (End)