Amendment SSA1-SB78

SB78-SSA1,7,6 (7) No person other than a physician, dentist, veterinarian, or pharmacist may possess more than 8 ounces of a product containing opium or more than 4 ounces of a product containing any other schedule V substance be in the possession of any person other than a physician, dentist, veterinarian or pharmacist other than pseudoephedrine at any time without the authorization of a physician, dentist, or veterinarian.

SB78-SSA1, s. 28 Section 28. 961.23 (6) of the statutes is created to read:

SB78-SSA1,7,11 961.23 (6) No person other than a physician, dentist, veterinarian, or pharmacist may purchase more than 6 grams of a product containing pseudoephedrine within a 30-day period without the authorization of a physician, dentist, or veterinarian.

SB78-SSA1, s. 29 Section 29. 961.23 (8) of the statutes is created to read:

SB78-SSA1,7,14 961.23 (8) No person may sell pseudoephedrine to a person under 18 years of age, and no person under 18 years of age may purchase pseudoephedrine.

SB78-SSA1, s. 30 Section 30. 961.235 of the statutes is created to read:

SB78-SSA1,7,20 961.235 Records relating to pseudoephedrine sales. Records required under s. 961.23 (4) with respect to the sale of pseudoephedrine may be kept in either a paper or electronic format and shall be maintained by the pharmacy for at least 5 years. Only a pharmacist or a law enforcement officer may have access to information recorded under s. 961.23 (4) with respect to the sale of pseudoephedrine.

SB78-SSA1, s. 31 Section 31. 961.41 (1r) of the statutes is amended to read:

SB78-SSA1,8,7 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), and s. 961.65, 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 precursors. 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.

SB78-SSA1, s. 32 Section 32. 961.437 of the statutes is renumbered 961.67.

SB78-SSA1, s. 33 Section 33. 961.452 of the statutes is created to read:

SB78-SSA1,8,14 961.452 Defenses in certain schedule V prosecutions. (1) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41 (1) (j) that is based on the person's violation of a condition specified in s. 961.23 with respect to the person's distribution or delivery of pseudoephedrine:

SB78-SSA1,8,16 (a) The person did not knowingly or recklessly violate the condition under s. 961.23.

SB78-SSA1,8,19 (b) The person reported his or her own violation of the condition under s. 961.23 to a law enforcement officer in the county or municipality in which the violation occurred within 30 days after the violation.

SB78-SSA1,8,23 (2) A seller who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41 (1) (j) that is based on the person's violation of a condition specified in s. 961.23 with respect to the person's distribution or delivery of pseudoephedrine:

SB78-SSA1,8,25 (a) The person did not knowingly or recklessly violate the condition under s. 961.23.

SB78-SSA1,9,2 (b) The acts or omissions constituting the violation of the condition under s. 961.23 were the acts or omissions of one or more of the person's employees.

SB78-SSA1,9,4 (c) The person provided training to each of those employees regarding the restrictions imposed under s. 961.23 on the delivery of pseudoephedrine.

SB78-SSA1,9,6 (3) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41 (1) (j) for a violation of s. 961.23 (6):

SB78-SSA1,9,8 (a) The purchaser presented an identification card that contained a name or address other than the person's own.

SB78-SSA1,9,11 (b) The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was the person depicted in the photograph contained in that identification card.

SB78-SSA1,9,14 (c) The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the name and address of the purchaser were as listed on the identification card.

SB78-SSA1,9,16 (4) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41 (1) (j) for a violation of s. 961.23 (8):

SB78-SSA1,9,18 (a) The purchaser presented an identification card that indicated that he or she was 18 years of age or older.

SB78-SSA1,9,20 (b) The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was 18 years of age or older.

SB78-SSA1,9,23 (c) The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the purchaser was 18 years of age or older.

SB78-SSA1, s. 34 Section 34. 961.46 of the statutes is renumbered 961.46 (1) and amended to read:

SB78-SSA1,10,5 961.46 (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.

SB78-SSA1, s. 35 Section 35. 961.46 (2) of the statutes is created to read:

SB78-SSA1,10,10 961.46 (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 I felony.

SB78-SSA1, s. 36 Section 36. 961.49 (title) of the statutes is amended to read:

SB78-SSA1,10,14 961.49 (title) Distribution of or possession with Offenses involving intent to deliver or distribute a controlled substance on or near certain places.

SB78-SSA1, s. 37 Section 37. 961.49 of the statutes is renumbered 961.49 (1m).

SB78-SSA1, s. 38 Section 38. 961.49 (2m) of the statutes is created to read:

SB78-SSA1,10,21 961.49 (2m) If any person violates s. 961.65 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 for that crime may be increased by 5 years.

SB78-SSA1, s. 39 Section 39. 961.61 of the statutes is renumbered 961.003.

SB78-SSA1, s. 40 Section 40. 961.62 of the statutes is renumbered 961.005.

SB78-SSA1, s. 41 Section 41. 961.63 of the statutes is created to read:

SB78-SSA1,11,3 961.63 Delivery of pseudoephedrine liquids and gelcaps. (1) Restrictions on delivery. The delivery of pseudoephedrine liquids and gelcaps is subject to the following conditions:

SB78-SSA1,11,5 (a) They may be delivered and sold only in good faith as a medicine and not for the purpose of evading this section.

SB78-SSA1,11,7 (b) When sold in a retail establishment, their containers shall bear the name and address of the establishment.

SB78-SSA1,11,15 (c) Any person purchasing them at retail shall present to the seller, at the time of the purchase, the person's correct name and address and an identification card containing the person's photograph and date of birth. The seller shall record the person's name and address and the name and quantity of the product sold. The purchaser shall sign the record of this transaction. The giving of a false name or false address by the purchaser or the use of an identification card containing false information by the purchaser shall be prima facie evidence of a violation of sub. (3) (b).

SB78-SSA1,11,18 (d) No person other than a physician, dentist, veterinarian, or pharmacist may purchase more than one package of either pseudoephedrine liquid or pseudoephedrine gelcaps at retail within a 24-hour period.

SB78-SSA1,11,21 (e) No retailer or employee of a retailer may sell more than one package of either pseudoephedrine liquid or pseudoephedrine gelcaps within a 24-hour period to any other person, other than to a physician, dentist, veterinarian, or pharmacist.

SB78-SSA1,11,23 (f) No person may sell them to a person under 18 years of age, and no person under 18 years of age may purchase them.

SB78-SSA1,12,3 (g) No person may sell pseudoephedrine liquid or pseudoephedrine gelcaps at retail except from a locked cabinet or behind a sales counter where the public is unable to reach the product and where the public is not permitted.

SB78-SSA1,12,5 (2) Offenses and penalties. (a) Any person who violates sub. (1) is guilty of a Class I felony.

SB78-SSA1,12,8 (b) Any person who acquires or obtains possession of pseudoephedrine liquid or pseudoephedrine gelcaps by misrepresentation, fraud, forgery, deception, or subterfuge is guilty of a Class H felony.

SB78-SSA1,12,10 (3) Defenses. (a) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a):

SB78-SSA1,12,11 1. The person did not knowingly or recklessly violate sub. (1).

SB78-SSA1,12,14 2. The person reported his or her own violation of sub. (1) to a law enforcement officer in the county or municipality in which the violation occurred within 30 days after the violation.

SB78-SSA1,12,16 (b) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a):

SB78-SSA1,12,17 1. The person did not knowingly or recklessly violate sub. (1).

SB78-SSA1,12,19 2. The acts or omissions constituting the violation of sub. (1) were the acts or omissions of one or more of the person's employees.

SB78-SSA1,12,22 3. The person provided training to each of those employees regarding the restrictions imposed under sub. (1) on the delivery of pseudoephedrine liquid or pseudoephedrine gelcaps.

SB78-SSA1,12,24 (c) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a) for a violation of sub. (1) (e):

SB78-SSA1,13,2 1. The purchaser presented an identification card that contained a name or address other than the person's own.

SB78-SSA1,13,5 2. The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was the person depicted in the photograph contained in that identification card.

SB78-SSA1,13,8 3. The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the name and address of the purchaser were as listed on the identification card.

SB78-SSA1,13,10 (d) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a) for a violation of sub. (1) (f):

SB78-SSA1,13,12 1. The purchaser presented an identification card that indicated that he or she was 18 years of age or older.

SB78-SSA1,13,14 2. The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was 18 years of age or older.

SB78-SSA1,13,17 3. The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the purchaser was 18 years of age or older.

SB78-SSA1,13,21 (4) Record-keeping requirements. Records required under sub. (1) (c) may be kept in either a paper or electronic format and shall be maintained by the retailer for at least 5 years. Only the retailer or a law enforcement officer may have access to information recorded under sub. (1) (c).

SB78-SSA1, s. 42 Section 42. 961.65 of the statutes is created to read:

SB78-SSA1,14,4 961.65 Possessing materials for manufacturing 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 8 grams of methamphetamine precursors shall be prima facie evidence of intent to manufacture methamphetamine.

SB78-SSA1, s. 43 Section 43. 973.01 (2) (c) 2. a. of the statutes is amended to read:

SB78-SSA1,14,6 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.645, 961.46 (1), and 961.49.

SB78-SSA1, s. 44 Section 44. 973.017 (8) (a) 3. of the statutes is created to read:

SB78-SSA1,14,12 973.017 (8) (a) 3. When making a sentencing decision concerning a person convicted of violating s. 961.65, 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.

SB78-SSA1, s. 45 Section 45. 973.017 (8) (c) of the statutes is created to read:

SB78-SSA1,14,18 973.017 (8) (c) When making a sentencing decision concerning a person convicted of violating s. 961.65, 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.

SB78-SSA1, s. 46 Section 46. Effective dates. This act takes effect on the day after publication, except as follows:

SB78-SSA1,14,22 (1) The treatment of sections 961.22 (3) (am), 961.23 (1) to (8), and 961.63 of the statutes takes effect on the first day of the 4th month beginning after publication.

SB78-SSA1,14,23 (End)