AB224,69,32 885.235 (1) (e) "Tetrahydrocannabinols concentration" has the meaning given
3in s. 23.33 (1) (k).
AB224,136 4Section 136. 885.235 (1g) (intro.) of the statutes is amended to read:
AB224,69,185 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove
6that a person was under the influence of an intoxicant or had a prohibited alcohol or
7tetrahydrocannabinols
concentration or a specified alcohol concentration while
8operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
9on duty time, while operating a motorboat, except a sailboat operating under sail
10alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
11terrain vehicle or while handling a firearm, evidence of the amount of alcohol or
12tetrahydrocannabinols
in the person's blood at the time in question, as shown by
13chemical analysis of a sample of the person's blood or urine or evidence of the amount
14of alcohol in the person's breath, is admissible on the issue of whether he or she was
15under the influence of an intoxicant or had a prohibited alcohol or
16tetrahydrocannabinols
concentration or a specified alcohol concentration if the
17sample was taken within 3 hours after the event to be proved. The chemical analysis
18shall be given effect as follows without requiring any expert testimony as to its effect:
AB224,137 19Section 137. 885.235 (1g) (ag) of the statutes is created to read:
AB224,69,2520 885.235 (1g) (ag) The fact that the analysis shows that the person had an
21tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
22evidence on the issue of being under the combined influence of
23tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
24analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
25prima facie effect.
AB224,138
1Section 138. 885.235 (1g) (cg) of the statutes is created to read:
AB224,70,42 885.235 (1g) (cg) The fact that the analysis shows that the person had an
3tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
4or she had an tetrahydrocannabinols concentration of 5.0 or more.
AB224,139 5Section 139. 885.235 (1L) of the statutes is created to read:
AB224,70,166 885.235 (1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
7(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
8person's blood at the time in question, as shown by chemical analysis of a sample of
9the person's blood or urine, is admissible on the issue of whether he or she had a
10tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1130.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
12hours after the event to be proved. The fact that the analysis shows that the person
13had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
14is prima facie evidence that the person had a tetrahydrocannabinols concentration
15in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
16(1) (cg).
AB224,140 17Section 140. 885.235 (1m) of the statutes is amended to read:
AB224,71,418 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63
19(2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood
20at the time in question, as shown by chemical analysis of a sample of the person's
21blood or urine or evidence of the amount of alcohol in the person's breath, is
22admissible on the issue of whether he or she had an alcohol concentration in the
23range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1)
24(c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken
25within 3 hours after the event to be proved. The fact that the analysis shows that

1the person had an alcohol concentration of more than 0.0 but not more than 0.08 is
2prima facie evidence that the person had an alcohol concentration in the range
3specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an
4alcohol concentration above 0.0 under s. 346.63 (7).
AB224,141 5Section 141. 885.235 (4) of the statutes is amended to read:
AB224,71,166 885.235 (4) The provisions of this section relating to the admissibility of
7chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or
8for determining whether a person had a detectable amount of a restricted controlled
9substance in his or her blood shall not be construed as limiting the introduction of
10any other competent evidence bearing on the question of whether or not a person was
11under the influence of an intoxicant, had a detectable amount of a restricted
12controlled substance in his or her blood, had a specified alcohol or
13tetrahydrocannabinols
concentration, or had an alcohol concentration in the range
14specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or 350.101 (1) (c), or had
15a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1630.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg)
.
AB224,142 17Section 142. 895.047 (3) (a) of the statutes is amended to read:
AB224,71,2418 895.047 (3) (a) If the defendant proves by clear and convincing evidence that
19at the time of the injury the claimant was under the influence of any controlled
20substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
21(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or
22a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more
,
23there shall be a rebuttable presumption that the claimant's intoxication or drug use
24was the cause of his or her injury.
AB224,143 25Section 143. 905.04 (4) (f) of the statutes is amended to read:
AB224,72,4
1905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results
2of or circumstances surrounding any chemical tests for intoxication or for alcohol
3concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration,
4as defined in s. 23.33 (1) (k)
.
AB224,144 5Section 144. 939.22 (33) (a) of the statutes is amended to read:
AB224,72,76 939.22 (33) (a) A controlled substance included in schedule I under ch. 961
7other than a tetrahydrocannabinol.
AB224,145 8Section 145. 939.22 (33) (e) of the statutes is repealed.
AB224,146 9Section 146. 939.22 (39g) of the statutes is created to read:
AB224,72,1110 939.22 (39g) "Tetrahydrocannabinols concentration" has the meaning given in
11s. 23.33 (1) (k).
AB224,147 12Section 147. 940.09 (1) (bg) of the statutes is created to read:
AB224,72,1413 940.09 (1) (bg) Causes the death of another by the operation or handling of a
14vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB224,148 15Section 148. 940.09 (1) (dg) of the statutes is created to read:
AB224,72,1816 940.09 (1) (dg) Causes the death of an unborn child by the operation or
17handling of a vehicle while the person has a tetrahydrocannabinols concentration of
185.0 or more.
AB224,149 19Section 149. 940.09 (1g) (bg) of the statutes is created to read:
AB224,72,2220 940.09 (1g) (bg) Causes the death of another by the operation or handling of
21a firearm or airgun while the person has a tetrahydrocannabinols concentration of
225.0 or more.
AB224,150 23Section 150. 940.09 (1g) (dg) of the statutes is created to read:
AB224,73,3
1940.09 (1g) (dg) Causes the death of an unborn child by the operation or
2handling of a firearm or airgun while the person has a tetrahydrocannabinols
3concentration of 5.0 or more.
AB224,151 4Section 151. 940.09 (1m) (a) of the statutes is amended to read:
AB224,73,105 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed
6upon an information based upon a violation of any combination of sub. (1) (a), (am),
7or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of
8sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any
9combination of sub. (1g) (a), (am), or (b), or (bg) or; any combination of sub. (1g) (c),
10(cm), or (d), or (dg) for acts arising out of the same incident or occurrence.
AB224,152 11Section 152. 940.09 (1m) (b) of the statutes is amended to read:
AB224,73,2112 940.09 (1m) (b) If a person is charged in an information with any of the
13combinations of crimes referred to in par. (a), the crimes shall be joined under s.
14971.12. If the person is found guilty of more than one of the crimes so charged for
15acts arising out of the same incident or occurrence, there shall be a single conviction
16for purposes of sentencing and for purposes of counting convictions under s. 23.33
17(13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11
18(3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each
19require proof of a fact for conviction which the others do not require, and sub. (1g)
20(a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require proof of a fact for conviction
21which the others do not require.
AB224,153 22Section 153. 940.09 (2) (a) of the statutes is amended to read:
AB224,74,423 940.09 (2) (a) In any action under this section, the defendant has a defense if
24he or she proves by a preponderance of the evidence that the death would have
25occurred even if he or she had been exercising due care and he or she had not been

1under the influence of an intoxicant, did not have a detectable amount of a restricted
2controlled substance in his or her blood, did not have a tetrahydrocannabinols
3concentration of 5.0 or greater,
or did not have an alcohol concentration described
4under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB224,154 5Section 154. 940.09 (2) (b) of the statutes is amended to read:
AB224,74,126 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
7is based on the defendant allegedly having a detectable amount of
8methamphetamine or gamma-hydroxybutyric acid or
9delta-9-tetrahydrocannabinol
in his or her blood, the defendant has a defense if he
10or she proves by a preponderance of the evidence that at the time of the incident or
11occurrence he or she had a valid prescription for methamphetamine or one of its
12metabolic precursors or gamma-hydroxybutyric acid or.
AB224,74,18 13(c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is based on
14the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or
15greater, the defendant has a defense if he or she proves by a preponderance of the
16evidence that at the time of the incident or occurrence he or she had a valid
17prescription for
delta-9-tetrahydrocannabinol or he or she was a qualifying patient,
18as defined in s. 50.60 (6)
.
AB224,155 19Section 155. 940.25 (1) (bg) of the statutes is created to read:
AB224,74,2220 940.25 (1) (bg) Causes great bodily harm to another human being by the
21operation of a vehicle while the person has a tetrahydrocannabinols concentration
22of 5.0 or more.
AB224,156 23Section 156. 940.25 (1) (dg) of the statutes is created to read:
AB224,75,3
1940.25 (1) (dg) Causes great bodily harm to an unborn child by the operation
2of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or
3more.
AB224,157 4Section 157. 940.25 (1m) of the statutes is amended to read:
AB224,75,95 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed
6upon an information based upon a violation of any combination of sub. (1) (a), (am),
7or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of
8sub. (1) (c), (cm), or (d), or (dg); or any combination of sub. (1) (c), (cm), (dg), or (e) for
9acts arising out of the same incident or occurrence.
AB224,75,1710 (b) If a person is charged in an information with any of the combinations of
11crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person
12is found guilty of more than one of the crimes so charged for acts arising out of the
13same incident or occurrence, there shall be a single conviction for purposes of
14sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3.,
15under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3)
16(a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each
17require proof of a fact for conviction which the others do not require.
AB224,158 18Section 158. 940.25 (2) of the statutes is amended to read:
AB224,75,2519 940.25 (2) (a) The defendant has a defense if he or she proves by a
20preponderance of the evidence that the great bodily harm would have occurred even
21if he or she had been exercising due care and he or she had not been under the
22influence of an intoxicant, did not have a detectable amount of a restricted controlled
23substance in his or her blood, did not have a tetrahydrocannabinols concentration of
245.0 or greater,
or did not have an alcohol concentration described under sub. (1) (b),
25(bm), (d) or (e).
AB224,76,6
1(b) In any action under this section that is based on the defendant allegedly
2having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid,
3or delta-9-tetrahydrocannabinol
in his or her blood, the defendant has a defense if
4he or she proves by a preponderance of the evidence that at the time of the incident
5or occurrence he or she had a valid prescription for methamphetamine or one of its
6metabolic precursors, or gamma-hydroxybutyric acid, or.
AB224,76,12 7(c) In any action under this section that is based on the defendant allegedly
8having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant
9has a defense if he or she proves by a preponderance of the evidence that at the time
10of the incident or occurrence he or she had a valid prescription for

11delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
1250.60 (6)
.
AB224,159 13Section 159. 941.20 (1) (bg) of the statutes is created to read:
AB224,76,1914 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a
15tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
16defense to any action under this paragraph if he or she proves by a preponderance
17of the evidence that at the time of the incident or occurrence he or she had a valid
18prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient,
19as defined in s. 50.60 (6).
AB224,160 20Section 160. 941.20 (1) (bm) of the statutes is amended to read:
AB224,77,421 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a
22detectable amount of a restricted controlled substance in his or her blood. A
23defendant has a defense to any action under this paragraph that is based on the
24defendant allegedly having a detectable amount of methamphetamine, or
25gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,

1if he or she proves by a preponderance of the evidence that at the time of the incident
2or occurrence he or she had a valid prescription for methamphetamine or one of its
3metabolic precursors, or gamma-hydroxybutyric acid, or
4delta-9-tetrahydrocannabinol
.
AB224,161 5Section 161. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
6to read:
AB224,77,177 961.70 (3) "Marijuana" means all parts of the plants of the genus Cannabis,
8whether growing or not, with a concentration of tetrahydrocannabinols that is
9greater than 0.3 percent on a dry weight basis
; the seeds thereof; the resin extracted
10from any part of the plant; and every compound, manufacture, salt, derivative,
11mixture, or preparation of the plant, its seeds or resin, including
12tetrahydrocannabinols
. "Marijuana" does include the mature stalks if mixed with
13other parts of the plant, but does not include fiber produced from the stalks, oil or
14cake made from the seeds of the plant, any other compound, manufacture, salt,
15derivative, mixture, or preparation of the mature stalks (except the resin extracted
16therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of
17germination.
AB224,162 18Section 162. 961.14 (4) (t) of the statutes is repealed.
AB224,163 19Section 163. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
20as renumbered, is amended to read:
AB224,77,21 21961.75 (title) Controlled substances Marijuana therapeutic research.
AB224,164 22Section 164. 961.38 (1n) of the statutes is amended to read:
AB224,78,323 961.38 (1n) A pharmacy or physician approved under s. 961.34 961.75 (2) (a)
24or (b) may dispense cannabidiol in a form without a psychoactive effect as a
25treatment for a seizure disorder or any physician may provide an individual with a

1hard copy of a letter or other official documentation stating that the individual
2possesses cannabidiol to treat a seizure disorder if the cannabidiol is in a form
3without a psychoactive effect.
AB224,165 4Section 165. 961.41 (1) (h) of the statutes is repealed.
AB224,166 5Section 166. 961.41 (1m) (h) of the statutes is repealed.
AB224,167 6Section 167. 961.41 (1q) of the statutes is repealed.
AB224,168 7Section 168. 961.41 (1r) of the statutes is amended to read:
AB224,78,178 961.41 (1r) Determining weight of substance. In determining amounts under
9s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
10of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
11psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
12cannabinoids, or substituted cathinones, or any controlled substance analog of any
13of these substances together with any compound, mixture, diluent, plant material
14or other substance mixed or combined with the controlled substance or controlled
15substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
16(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
17(4) (t) and includes the weight of any marijuana.
AB224,169 18Section 169. 961.41 (3g) (c) of the statutes is amended to read:
AB224,79,319 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
20possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
21base, the person shall be fined not more than $5,000 and may be imprisoned for not
22more than one year in the county jail upon a first conviction and is guilty of a Class
23I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
24is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
25offense, the offender has at any time been convicted of any felony or misdemeanor

1under this chapter or under any statute of the United States or of any state relating
2to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
3or depressant, stimulant, or hallucinogenic drugs.
AB224,170 4Section 170. 961.41 (3g) (d) of the statutes is amended to read:
AB224,79,215 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
6possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
7amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
8N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
9(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
10lysergic acid diethylamide, phencyclidine, amphetamine,
113,4-methylenedioxymethamphetamine, methcathinone, cathinone,
12N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
13(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
14$5,000 or imprisoned for not more than one year in the county jail or both upon a first
15conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
16purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
17prior to the offender's conviction of the offense, the offender has at any time been
18convicted of any felony or misdemeanor under this chapter or under any statute of
19the United States or of any state relating to controlled substances, controlled
20substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
21hallucinogenic drugs.
AB224,171 22Section 171. 961.41 (3g) (e) of the statutes is repealed.
AB224,172 23Section 172. 961.41 (3g) (em) of the statutes is amended to read:
AB224,80,924 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
25possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance

1analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
2not more than $1,000 or imprisoned for not more than 6 months or both upon a first
3conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
4purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
5prior to the offender's conviction of the offense, the offender has at any time been
6convicted of any felony or misdemeanor under this chapter or under any statute of
7the United States or of any state relating to controlled substances, controlled
8substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
9hallucinogenic drugs.
AB224,173 10Section 173. 961.47 (1) of the statutes is amended to read:
AB224,81,211 961.47 (1) Whenever any person who has not previously been convicted of any
12offense under this chapter, or of any offense under any statute of the United States
13or of any state or of any county ordinance relating to controlled substances or
14controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
15or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
16possession of a controlled substance or controlled substance analog under s. 961.41
17(3g) (b), the court, without entering a judgment of guilt and with the consent of the
18accused, may defer further proceedings and place him or her on probation upon terms
19and conditions. Upon violation of a term or condition, the court may enter an
20adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
21terms and conditions, the court shall discharge the person and dismiss the
22proceedings against him or her. Discharge and dismissal under this section shall be
23without adjudication of guilt and is not a conviction for purposes of disqualifications
24or disabilities imposed by law upon conviction of a crime, including the additional

1penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
2only one discharge and dismissal under this section with respect to any person.
AB224,174 3Section 174. 961.48 (3) of the statutes is amended to read:
AB224,81,94 961.48 (3) For purposes of this section, a felony offense under this chapter is
5considered a 2nd or subsequent offense if, prior to the offender's conviction of the
6offense, the offender has at any time been convicted of any felony or misdemeanor
7offense under this chapter or under any statute of the United States or of any state
8relating to controlled substances or controlled substance analogs, narcotic drugs,
9marijuana or depressant, stimulant, or hallucinogenic drugs.
AB224,175 10Section 175. 961.48 (5) of the statutes is amended to read:
AB224,81,1211 961.48 (5) This section does not apply if the person is presently charged with
12a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB224,176 13Section 176. 961.49 (1m) (intro.) of the statutes is amended to read:
AB224,81,2114 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
15or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)
16or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
17phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
18methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
19controlled substance analog of any of these substances and the delivery, distribution
20or possession takes place under any of the following circumstances, the maximum
21term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB224,177 22Section 177. 961.571 (1) (a) 7. of the statutes is repealed.
AB224,178 23Section 178. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB224,82,3
1961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
2for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
3or hashish oil into the human body, such as:
AB224,179 4Section 179. 961.571 (1) (a) 11. e. of the statutes is repealed.
AB224,180 5Section 180. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB224,181 6Section 181. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
7is created to read:
AB224,82,88 Chapter 961
AB224,82,99 Subchapter VIII
Loading...
Loading...