2015 - 2016 LEGISLATURE
March 5, 2015 - Introduced by Representatives Kolste,
Berceau, Sinicki, C.
Taylor, Wachs, Sargent, Kahl, Subeck and Spreitzer, cosponsored by
Senators Carpenter, Petrowski, Risser, Lassa, L. Taylor, Bewley, Vinehout
and Harris Dodd. Referred to Committee on State Affairs and Government
1An Act to create
125.09 (8) of the statutes; relating to: prohibiting the sale of
Analysis by the Legislative Reference Bureau
Current law regulates the sale of alcohol beverages, which are beverages
containing at least 0.5 percent alcohol by volume.
Under this bill, a person may not sell or offer for sale powdered alcohol. The bill
defines powdered alcohol as any substance that is sold in powder or crystalline form,
that contains more than 0.4 percent alcohol by weight, and that is fit for human
consumption either in its powder or crystalline form or after it is added to food or
reconstituted with water or another liquid. There are exceptions under the bill,
including for powdered alcohol, used for nonbeverage purposes, that is used by
hospitals or for scientific research or other medicinal, pharmaceutical, or industrial
purposes. A person who violates the prohibition must be fined not more than $1,000
or imprisoned for not more than 90 days or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
125.09 (8) of the statutes is created to read:
125.09 (8) Sale of powdered alcohol prohibited.
(a) In this subsection:
1. "Powdered alcohol" means any substance that is sold in powder or crystalline 4
form, that contains more than 0.4 percent alcohol by weight, and that is fit for human 5
consumption either in its powder or crystalline form or after it is added to food or 6
reconstituted with water or another liquid.
2. Notwithstanding s. 125.02 (20), "sell" or "sale" means any transfer of 8
powdered alcohol with consideration or any transfer without consideration if 9
knowingly made for purposes of evading the law relating to the sale of powdered 10
(b) Except as provided in par. (c), no person may sell or offer for sale powdered 12
(c) This subsection does not apply to powdered alcohol sold or offered for any 14
use described in 27 CFR 1.60
to 27 CFR 1.62