SB78-SSA1, s. 33 9Section 33. 961.452 of the statutes is created to read:
SB78-SSA1,8,14 10961.452 Defenses in certain schedule V prosecutions. (1) A person who
11proves all of the following by a preponderance of the evidence has a defense to
12prosecution under s. 961.41 (1) (j) that is based on the person's violation of a condition
13specified in s. 961.23 with respect to the person's distribution or delivery of
14pseudoephedrine:
SB78-SSA1,8,1615 (a) The person did not knowingly or recklessly violate the condition under s.
16961.23.
SB78-SSA1,8,1917 (b) The person reported his or her own violation of the condition under s. 961.23
18to a law enforcement officer in the county or municipality in which the violation
19occurred within 30 days after the violation.
SB78-SSA1,8,23 20(2) A seller who proves all of the following by a preponderance of the evidence
21has a defense to prosecution under s. 961.41 (1) (j) that is based on the person's
22violation of a condition specified in s. 961.23 with respect to the person's distribution
23or delivery of pseudoephedrine:
SB78-SSA1,8,2524 (a) The person did not knowingly or recklessly violate the condition under s.
25961.23.
SB78-SSA1,9,2
1(b) The acts or omissions constituting the violation of the condition under s.
2961.23 were the acts or omissions of one or more of the person's employees.
SB78-SSA1,9,43 (c) The person provided training to each of those employees regarding the
4restrictions imposed under s. 961.23 on the delivery of pseudoephedrine.
SB78-SSA1,9,6 5(3) A person who proves all of the following by a preponderance of the evidence
6has a defense to prosecution under s. 961.41 (1) (j) for a violation of s. 961.23 (6):
SB78-SSA1,9,87 (a) The purchaser presented an identification card that contained a name or
8address other than the person's own.
SB78-SSA1,9,119 (b) The appearance of the purchaser was such that an ordinary and prudent
10person would believe that the purchaser was the person depicted in the photograph
11contained in that identification card.
SB78-SSA1,9,1412 (c) The sale was made in good faith, in reasonable reliance on the identification
13card and appearance of the purchaser, and in the belief that the name and address
14of the purchaser were as listed on the identification card.
SB78-SSA1,9,16 15(4) A person who proves all of the following by a preponderance of the evidence
16has a defense to prosecution under s. 961.41 (1) (j) for a violation of s. 961.23 (8):
SB78-SSA1,9,1817 (a) The purchaser presented an identification card that indicated that he or she
18was 18 years of age or older.
SB78-SSA1,9,2019 (b) The appearance of the purchaser was such that an ordinary and prudent
20person would believe that the purchaser was 18 years of age or older.
SB78-SSA1,9,2321 (c) The sale was made in good faith, in reasonable reliance on the identification
22card and appearance of the purchaser, and in the belief that the purchaser was 18
23years of age or older.
SB78-SSA1, s. 34 24Section 34. 961.46 of the statutes is renumbered 961.46 (1) and amended to
25read:
SB78-SSA1,10,5
1961.46 (1) If Except as provided in sub. (2), if a person violates s. 961.41 (1) by
2distributing or delivering a controlled substance or a controlled substance analog to
3a person 17 years of age or under who is at least 3 years his or her junior, the
4applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
5offense may be increased by not more than 5 years.
SB78-SSA1, s. 35 6Section 35. 961.46 (2) of the statutes is created to read:
SB78-SSA1,10,107 961.46 (2) Notwithstanding s. 961.41 (1) (e), if a person violates s. 961.41 (1)
8by distributing or delivering methamphetamine or a controlled substance analog of
9methamphetamine to a person 17 years of age or under who is at least 2 years his
10or her junior, the person is guilty of a Class I felony.
SB78-SSA1, s. 36 11Section 36. 961.49 (title) of the statutes is amended to read:
SB78-SSA1,10,14 12961.49 (title) Distribution of or possession with Offenses involving
13intent to deliver
or distribute a controlled substance on or near certain
14places.
SB78-SSA1, s. 37 15Section 37. 961.49 of the statutes is renumbered 961.49 (1m).
SB78-SSA1, s. 38 16Section 38. 961.49 (2m) of the statutes is created to read:
SB78-SSA1,10,2117 961.49 (2m) If any person violates s. 961.65 with intent to deliver or distribute
18methamphetamine or a controlled substance analog of methamphetamine and the
19delivery, distribution, or possession takes place under any of the circumstances listed
20under sub. (1m) (a), (b), (c), or (d), the maximum term of imprisonment for that crime
21may be increased by 5 years.
SB78-SSA1, s. 39 22Section 39. 961.61 of the statutes is renumbered 961.003.
SB78-SSA1, s. 40 23Section 40. 961.62 of the statutes is renumbered 961.005.
SB78-SSA1, s. 41 24Section 41. 961.63 of the statutes is created to read:
SB78-SSA1,11,3
1961.63 Delivery of pseudoephedrine liquids and gelcaps. (1)
2Restrictions on delivery. The delivery of pseudoephedrine liquids and gelcaps is
3subject to the following conditions:
SB78-SSA1,11,54 (a) They may be delivered and sold only in good faith as a medicine and not for
5the purpose of evading this section.
SB78-SSA1,11,76 (b) When sold in a retail establishment, their containers shall bear the name
7and address of the establishment.
SB78-SSA1,11,158 (c) Any person purchasing them at retail shall present to the seller, at the time
9of the purchase, the person's correct name and address and an identification card
10containing the person's photograph and date of birth. The seller shall record the
11person's name and address and the name and quantity of the product sold. The
12purchaser shall sign the record of this transaction. The giving of a false name or false
13address by the purchaser or the use of an identification card containing false
14information by the purchaser shall be prima facie evidence of a violation of sub. (3)
15(b).
SB78-SSA1,11,1816 (d) No person other than a physician, dentist, veterinarian, or pharmacist may
17purchase more than one package of either pseudoephedrine liquid or
18pseudoephedrine gelcaps at retail within a 24-hour period.
SB78-SSA1,11,2119 (e) No retailer or employee of a retailer may sell more than one package of either
20pseudoephedrine liquid or pseudoephedrine gelcaps within a 24-hour period to any
21other person, other than to a physician, dentist, veterinarian, or pharmacist.
SB78-SSA1,11,2322 (f) No person may sell them to a person under 18 years of age, and no person
23under 18 years of age may purchase them.
SB78-SSA1,12,3
1(g) No person may sell pseudoephedrine liquid or pseudoephedrine gelcaps at
2retail except from a locked cabinet or behind a sales counter where the public is
3unable to reach the product and where the public is not permitted.
SB78-SSA1,12,5 4(2) Offenses and penalties. (a) Any person who violates sub. (1) is guilty of
5a Class I felony.
SB78-SSA1,12,86 (b) Any person who acquires or obtains possession of pseudoephedrine liquid
7or pseudoephedrine gelcaps by misrepresentation, fraud, forgery, deception, or
8subterfuge is guilty of a Class H felony.
SB78-SSA1,12,10 9(3) Defenses. (a) A person who proves all of the following by a preponderance
10of the evidence has a defense to prosecution under sub. (2) (a):
SB78-SSA1,12,1111 1. The person did not knowingly or recklessly violate sub. (1).
SB78-SSA1,12,1412 2. The person reported his or her own violation of sub. (1) to a law enforcement
13officer in the county or municipality in which the violation occurred within 30 days
14after the violation.
SB78-SSA1,12,1615 (b) A person who proves all of the following by a preponderance of the evidence
16has a defense to prosecution under sub. (2) (a):
SB78-SSA1,12,1717 1. The person did not knowingly or recklessly violate sub. (1).
SB78-SSA1,12,1918 2. The acts or omissions constituting the violation of sub. (1) were the acts or
19omissions of one or more of the person's employees.
SB78-SSA1,12,2220 3. The person provided training to each of those employees regarding the
21restrictions imposed under sub. (1) on the delivery of pseudoephedrine liquid or
22pseudoephedrine gelcaps.
SB78-SSA1,12,2423 (c) A person who proves all of the following by a preponderance of the evidence
24has a defense to prosecution under sub. (2) (a) for a violation of sub. (1) (e):
SB78-SSA1,13,2
11. The purchaser presented an identification card that contained a name or
2address other than the person's own.
SB78-SSA1,13,53 2. The appearance of the purchaser was such that an ordinary and prudent
4person would believe that the purchaser was the person depicted in the photograph
5contained in that identification card.
SB78-SSA1,13,86 3. The sale was made in good faith, in reasonable reliance on the identification
7card and appearance of the purchaser, and in the belief that the name and address
8of the purchaser were as listed on the identification card.
SB78-SSA1,13,109 (d) A person who proves all of the following by a preponderance of the evidence
10has a defense to prosecution under sub. (2) (a) for a violation of sub. (1) (f):
SB78-SSA1,13,1211 1. The purchaser presented an identification card that indicated that he or she
12was 18 years of age or older.
SB78-SSA1,13,1413 2. The appearance of the purchaser was such that an ordinary and prudent
14person would believe that the purchaser was 18 years of age or older.
SB78-SSA1,13,1715 3. The sale was made in good faith, in reasonable reliance on the identification
16card and appearance of the purchaser, and in the belief that the purchaser was 18
17years of age or older.
SB78-SSA1,13,21 18(4) Record-keeping requirements. Records required under sub. (1) (c) may be
19kept in either a paper or electronic format and shall be maintained by the retailer
20for at least 5 years. Only the retailer or a law enforcement officer may have access
21to information recorded under sub. (1) (c).
SB78-SSA1, s. 42 22Section 42. 961.65 of the statutes is created to read:
SB78-SSA1,14,4 23961.65 Possessing materials for manufacturing methamphetamine.
24Except as authorized by this chapter, any person who possesses a methamphetamine
25precursor, red phosphorus, lithium metal, sodium metal, iodine, anhydrous

1ammonia, pressurized ammonia, or liquid nitrogen with intent to manufacture
2methamphetamine is guilty of a Class H felony. Possession of more than 8 grams of
3methamphetamine precursors shall be prima facie evidence of intent to manufacture
4methamphetamine.
SB78-SSA1, s. 43 5Section 43. 973.01 (2) (c) 2. a. of the statutes is amended to read:
SB78-SSA1,14,66 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.645, 961.46 (1), and 961.49.
SB78-SSA1, s. 44 7Section 44. 973.017 (8) (a) 3. of the statutes is created to read:
SB78-SSA1,14,128 973.017 (8) (a) 3. When making a sentencing decision concerning a person
9convicted of violating s. 961.65, the court shall consider as an aggravating factor the
10fact that the person intended to deliver or distribute methamphetamine or a
11controlled substance analog of methamphetamine to a prisoner within the precincts
12of any prison, jail, or house of correction.
SB78-SSA1, s. 45 13Section 45. 973.017 (8) (c) of the statutes is created to read:
SB78-SSA1,14,1814 973.017 (8) (c) When making a sentencing decision concerning a person
15convicted of violating s. 961.65, the court shall consider as an aggravating factor the
16fact that the person intended to deliver or distribute methamphetamine or a
17controlled substance analog of methamphetamine and that the person knowingly
18used a public transit vehicle during the violation.
SB78-SSA1, s. 46 19Section 46. Effective dates. This act takes effect on the day after publication,
20except as follows:
SB78-SSA1,14,2221 (1) The treatment of sections 961.22 (3) (am), 961.23 (1) to (8), and 961.63 of the
22statutes takes effect on the first day of the 4th month beginning after publication.
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