SB78-SSA2, s. 28 18Section 28. 961.23 (5) of the statutes is amended to read:
SB78-SSA2,10,2319 961.23 (5) That no No person may purchase more than 8 ounces of a product
20containing opium or more than 4 ounces of a product containing any other schedule
21V substance within a 48-hour period without the authorization of a physician,
22dentist, or veterinarian nor. This subsection does not apply to a pseudoephedrine
23product unless it contains another schedule V substance.
SB78-SSA2,11,5 24(7) No person other than a physician, dentist, veterinarian, or pharmacist may
25possess more than 8 ounces of a product containing opium or more than 4 ounces of

1a product containing any other schedule V substance be in the possession of any
2person other than a physician, dentist, veterinarian or pharmacist
at any time
3without the authorization of a physician, dentist, or veterinarian. This subsection
4does not apply to a pseudoephedrine product unless it contains another schedule V
5substance.
SB78-SSA2, s. 29 6Section 29. 961.23 (6) of the statutes is created to read:
SB78-SSA2,11,97 961.23 (6) No person other than a physician, dentist, veterinarian, or
8pharmacist may purchase more than 7.5 grams of a pseudoephedrine product within
9a 30-day period without the authorization of a physician, dentist, or veterinarian.
SB78-SSA2, s. 30 10Section 30. 961.23 (8) of the statutes is created to read:
SB78-SSA2,11,1311 961.23 (8) No person may sell a pseudoephedrine product to a person under 18
12years of age, and no person under 18 years of age may purchase a pseudoephedrine
13product.
SB78-SSA2, s. 31 14Section 31. 961.235 of the statutes is created to read:
SB78-SSA2,11,20 15961.235 Records relating to sales of pseudoephedrine products.
16Records required under s. 961.23 (4) with respect to the sale of a pseudoephedrine
17product may be kept in either a paper or electronic format and shall be maintained
18by the pharmacy for at least 2 years. Only a pharmacist or a law enforcement officer
19may have access to information recorded under s. 961.23 (4) with respect to the sale
20of a pseudoephedrine product.
SB78-SSA2, s. 32 21Section 32. 961.41 (3j) of the statutes is created to read:
SB78-SSA2,12,222 961.41 (3j) Purchases of pseudoephedrine products. Whoever purchases
23more than 7.5 grams of a pseudoephedrine product within a 30-day period, other
24than by purchasing the product in person from a pharmacy or pharmacist, is guilty
25of a Class I felony. This subsection does not apply to a purchase by a physician,

1dentist, veterinarian, or pharmacist or a purchase that is authorized by a physician,
2dentist, or veterinarian.
SB78-SSA2, s. 33 3Section 33. 961.437 of the statutes is renumbered 961.67.
SB78-SSA2, s. 34 4Section 34. 961.452 of the statutes is created to read:
SB78-SSA2,12,9 5961.452 Defenses in certain schedule V prosecutions. (1) A person who
6proves all of the following by a preponderance of the evidence has a defense to
7prosecution under s. 961.41 (1) (j) that is based on the person's violation of a condition
8specified in s. 961.23 with respect to the person's distribution or delivery of a
9pseudoephedrine product:
SB78-SSA2,12,1110 (a) The person did not knowingly or recklessly violate the condition under s.
11961.23.
SB78-SSA2,12,1412 (b) The person reported his or her own violation of the condition under s. 961.23
13to a law enforcement officer in the county or municipality in which the violation
14occurred within 30 days after the violation.
SB78-SSA2,12,18 15(2) A seller who proves all of the following by a preponderance of the evidence
16has a defense to prosecution under s. 961.41 (1) (j) that is based on the person's
17violation of a condition specified in s. 961.23 with respect to the person's distribution
18or delivery of a pseudoephedrine product:
SB78-SSA2,12,2019 (a) The person did not knowingly or recklessly violate the condition under s.
20961.23.
SB78-SSA2,12,2221 (b) The acts or omissions constituting the violation of the condition under s.
22961.23 were the acts or omissions of one or more of the person's employees.
SB78-SSA2,12,2423 (c) The person provided training to each of those employees regarding the
24restrictions imposed under s. 961.23 on the delivery of pseudoephedrine products.
SB78-SSA2,13,2
1(3) A person who proves all of the following by a preponderance of the evidence
2has a defense to prosecution under s. 961.41 (1) (j) for a violation of s. 961.23 (6):
SB78-SSA2,13,43 (a) The purchaser presented an identification card that contained a name or
4address other than the person's own.
SB78-SSA2,13,75 (b) The appearance of the purchaser was such that an ordinary and prudent
6person would believe that the purchaser was the person depicted in the photograph
7contained in that identification card.
SB78-SSA2,13,108 (c) The sale was made in good faith, in reasonable reliance on the identification
9card and appearance of the purchaser, and with the belief that the name and address
10of the purchaser were as listed on the identification card.
SB78-SSA2,13,12 11(4) A person who proves all of the following by a preponderance of the evidence
12has a defense to prosecution under s. 961.41 (1) (j) for a violation of s. 961.23 (8):
SB78-SSA2,13,1413 (a) The purchaser presented an identification card that indicated that he or she
14was 18 years of age or older.
SB78-SSA2,13,1615 (b) The appearance of the purchaser was such that an ordinary and prudent
16person would believe that the purchaser was 18 years of age or older.
SB78-SSA2,13,1917 (c) The sale was made in good faith, in reasonable reliance on the identification
18card and appearance of the purchaser, and with the belief that the purchaser was 18
19years of age or older.
SB78-SSA2, s. 35 20Section 35. 961.453 of the statutes is created to read:
SB78-SSA2,13,24 21961.453 Purchases of pseudoephedrine products on behalf of another
22person.
(1) (a) No person may, with the intent to acquire more than 7.5 grams of
23a pseudoephedrine product within a 30-day period, knowingly solicit, hire, direct,
24employ, or use another to purchase a pseudoephedrine product on his or her behalf.
SB78-SSA2,14,2
1(b) 1. Except as provided in subd. 2., a person who violates par. (a) is guilty of
2a Class I felony.
SB78-SSA2,14,53 2. If the person who is solicited, hired, directed, employed, or used to purchase
4the pseudoephedrine product is an individual who is less than 18 years of age, the
5actor is guilty of a Class H felony.
SB78-SSA2,14,8 6(2) No person may purchase a pseudoephedrine product on behalf of another
7with the intent to facilitate another person's manufacture of methamphetamine. A
8person who violates this subsection is guilty of a Class I felony.
SB78-SSA2, s. 36 9Section 36. 961.49 (title) of the statutes is amended to read:
SB78-SSA2,14,12 10961.49 (title) Distribution of or possession with Offenses involving
11intent to deliver
or distribute a controlled substance on or near certain
12places.
SB78-SSA2, s. 37 13Section 37. 961.49 of the statutes is renumbered 961.49 (1m).
SB78-SSA2, s. 38 14Section 38. 961.49 (2m) of the statutes is created to read:
SB78-SSA2,14,1915 961.49 (2m) If any person violates s. 961.65 and, during the violation, the
16person intends to deliver or distribute methamphetamine or a controlled substance
17analog of methamphetamine under any of the circumstances listed under sub. (1m)
18(a), (b), (c), or (d), the maximum term of imprisonment for that crime is increased by
195 years.
SB78-SSA2, s. 39 20Section 39. 961.61 of the statutes is renumbered 961.003.
SB78-SSA2, s. 40 21Section 40. 961.62 of the statutes is renumbered 961.005.
SB78-SSA2, s. 41 22Section 41. 961.65 of the statutes is created to read:
SB78-SSA2,15,6 23961.65 Possessing materials for manufacturing methamphetamine.
24Except as authorized by this chapter, any person who possesses an ephedrine or
25pseudoephedrine product, red phosphorus, lithium metal, sodium metal, iodine,

1anhydrous ammonia, or pressurized ammonia with intent to manufacture
2methamphetamine is guilty of a Class H felony. Possession of more than 9 grams of
3ephedrine or pseudoephedrine, other than pseudoephedrine contained in a product
4to which s. 961.01 (20c) (a) or (b) applies, creates a rebuttable presumption of intent
5to manufacture methamphetamine. In this section, "ephedrine" and
6"pseudoephedrine" include any of their salts, isomers, and salts of isomers.
SB78-SSA2, s. 42 7Section 42. 973.017 (8) (a) 3. of the statutes is created to read:
SB78-SSA2,15,128 973.017 (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-SSA2, s. 43 13Section 43. 973.017 (8) (c) of the statutes is created to read:
SB78-SSA2,15,1814 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-SSA2, s. 44 19Section 44. Effective dates. This act takes effect on the day after publication,
20except as follows:
SB78-SSA2,15,2221 (1) The treatment of sections 961.22 (2m) and 961.23 (1) to (8) of the statutes
22takes effect on the first day of the 4th month beginning after publication.
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