AB220,202 23Section 202 . 885.235 (1m) of the statutes is amended to read:
AB220,102,1024 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681
25(1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the

1person's blood at the time in question, as shown by chemical analysis of a sample of
2the person's blood or urine or evidence of the amount of alcohol in the person's breath,
3is admissible on the issue of whether he or she had an alcohol concentration in the
4range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m),
5or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the
6sample was taken within 3 hours after the event to be proved. The fact that the
7analysis shows that the person had an alcohol concentration of more than 0.0 but not
8more than 0.08 is prima facie evidence that the person had an alcohol concentration
9in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63
10(2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
AB220,203 11Section 203 . 885.235 (4) of the statutes is amended to read:
AB220,102,2212 885.235 (4) The provisions of this section relating to the admissibility of
13chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or
14for determining whether a person had a detectable amount of a restricted controlled
15substance in his or her blood shall not be construed as limiting the introduction of
16any other competent evidence bearing on the question of whether or not a person was
17under the influence of an intoxicant, had a detectable amount of a restricted
18controlled substance in his or her blood, had a specified alcohol or
19tetrahydrocannabinols
concentration, or had an alcohol concentration in the range
20specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or
21350.101 (1) (c), or had a tetrahydrocannabinols concentration in the range specified
22in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg)
.
AB220,204 23Section 204 . 895.047 (3) (a) of the statutes is amended to read:
AB220,103,524 895.047 (3) (a) If the defendant proves by clear and convincing evidence that
25at the time of the injury the claimant was under the influence of any controlled

1substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
2(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or
3a tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k), of 5.0 or more
,
4there shall be a rebuttable presumption that the claimant's intoxication or drug use
5was the cause of his or her injury.
AB220,205 6Section 205 . 905.04 (4) (f) of the statutes is amended to read:
AB220,103,107 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results
8of or circumstances surrounding any chemical tests for intoxication or for alcohol
9concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration,
10as defined in s. 23.33 (1) (k)
.
AB220,206 11Section 206 . 939.22 (33) (a) of the statutes is amended to read:
AB220,103,1312 939.22 (33) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB220,207 14Section 207 . 939.22 (33) (e) of the statutes is repealed.
AB220,208 15Section 208 . 939.22 (39g) of the statutes is created to read:
AB220,103,1716 939.22 (39g) “Tetrahydrocannabinols concentration" has the meaning given in
17s. 23.33 (1) (k).
AB220,209 18Section 209 . 940.09 (1) (bg) of the statutes is created to read:
AB220,103,2019 940.09 (1) (bg) Causes the death of another by the operation or handling of a
20vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB220,210 21Section 210 . 940.09 (1) (dg) of the statutes is created to read:
AB220,103,2422 940.09 (1) (dg) Causes the death of an unborn child by the operation or
23handling of a vehicle while the person has a tetrahydrocannabinols concentration of
245.0 or more.
AB220,211 25Section 211 . 940.09 (1g) (bg) of the statutes is created to read:
AB220,104,3
1940.09 (1g) (bg) Causes the death of another by the operation or handling of
2a firearm or airgun while the person has a tetrahydrocannabinols concentration of
35.0 or more.
AB220,212 4Section 212 . 940.09 (1g) (dg) of the statutes is created to read:
AB220,104,75 940.09 (1g) (dg) Causes the death of an unborn child by the operation or
6handling of a firearm or airgun while the person has a tetrahydrocannabinols
7concentration of 5.0 or more.
AB220,213 8Section 213 . 940.09 (1m) (a) of the statutes is amended to read:
AB220,104,149 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of
12sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any
13combination of sub. (1g) (a), (am), or (b), or (bg); or any combination of sub. (1g) (c),
14(cm), or (d), or (dg) for acts arising out of the same incident or occurrence.
AB220,214 15Section 214 . 940.09 (1m) (b) of the statutes is amended to read:
AB220,104,2516 940.09 (1m) (b) If a person is charged in an information with any of the
17combinations of crimes referred to in par. (a), the crimes shall be joined under s.
18971.12. If the person is found guilty of more than one of the crimes so charged for
19acts arising out of the same incident or occurrence, there shall be a single conviction
20for purposes of sentencing and for purposes of counting convictions under s. 23.33
21(13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under
22s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm),
23(c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others
24do not require, and sub. (1g) (a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require
25proof of a fact for conviction which the others do not require.
AB220,215
1Section 215. 940.09 (2) (a) of the statutes is amended to read:
AB220,105,82 940.09 (2) (a) In any action under this section, the defendant has a defense if
3he or she proves by a preponderance of the evidence that the death would have
4occurred even if he or she had been exercising due care and he or she had not been
5under the influence of an intoxicant, did not have a detectable amount of a restricted
6controlled substance in his or her blood, did not have a tetrahydrocannabinols
7concentration of 5.0 or greater,
or did not have an alcohol concentration described
8under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB220,216 9Section 216 . 940.09 (2) (b) of the statutes is amended to read:
AB220,105,1710 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
11is based on the defendant allegedly having a detectable amount of
12methamphetamine or gamma-hydroxybutyric acid or
13delta-9-tetrahydrocannabinol
in his or her blood, the defendant has a defense if he
14or she proves by a preponderance of the evidence that at the time of the incident or
15occurrence he or she had a valid prescription for methamphetamine or one of its
16metabolic precursors or gamma-hydroxybutyric acid or
17delta-9-tetrahydrocannabinol.
AB220,217 18Section 217 . 940.09 (2) (c) of the statutes is created to read:
AB220,105,2419 940.09 (2) (c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is
20based on the defendant allegedly having a tetrahydrocannabinols concentration that
21is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance
22of the evidence that at the time of the incident or occurrence he or she had a valid
23prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
24defined in s. 50.80 (6).
AB220,218 25Section 218 . 940.25 (1) (bg) of the statutes is created to read:
AB220,106,3
1940.25 (1) (bg) Causes great bodily harm to another human being by the
2operation of a vehicle while the person has a tetrahydrocannabinols concentration
3of 5.0 or more.
AB220,219 4Section 219 . 940.25 (1) (dg) of the statutes is created to read:
AB220,106,75 940.25 (1) (dg) Causes great bodily harm to an unborn child by the operation
6of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or
7more.
AB220,220 8Section 220 . 940.25 (1m) of the statutes is amended to read:
AB220,106,139 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of
12sub. (1) (c), (cm), or (d), or (dg); or any combination of sub. (1) (c), (cm), (dg), or (e) for
13acts arising out of the same incident or occurrence.
AB220,106,2214 (b) If a person is charged in an information with any of the combinations of
15crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person
16is found guilty of more than one of the crimes so charged for acts arising out of the
17same incident or occurrence, there shall be a single conviction for purposes of
18sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3.,
19under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q)
20and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm),
21(c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others
22do not require.
AB220,221 23Section 221 . 940.25 (2) (a) of the statutes is amended to read:
AB220,107,524 940.25 (2) (a) The defendant has a defense if he or she proves by a
25preponderance of the evidence that the great bodily harm would have occurred even

1if he or she had been exercising due care and he or she had not been under the
2influence of an intoxicant, did not have a detectable amount of a restricted controlled
3substance in his or her blood, did not have a tetrahydrocannabinols concentration of
45.0 or greater,
or did not have an alcohol concentration described under sub. (1) (b),
5(bm), (d) or (e).
AB220,222 6Section 222 . 940.25 (2) (b) of the statutes is amended to read:
AB220,107,137 940.25 (2) (b) In any action under this section that is based on the defendant
8allegedly having a detectable amount of methamphetamine, or
9gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
13acid, or delta-9-tetrahydrocannabinol.
AB220,223 14Section 223 . 940.25 (2) (c) of the statutes is created to read:
AB220,107,1915 940.25 (2) (c) In any action under this section that is based on the defendant
16allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the
17defendant has a defense if he or she proves by a preponderance of the evidence that
18at the time of the incident or occurrence he or she had a valid prescription for
19tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,224 20Section 224 . 941.20 (1) (bg) of the statutes is created to read:
AB220,108,221 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a
22tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
23defense to any action under this paragraph if he or she proves by a preponderance
24of the evidence that at the time of the incident or occurrence he or she had a valid

1prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
2defined in s. 50.80 (6).
AB220,225 3Section 225 . 941.20 (1) (bm) of the statutes is amended to read:
AB220,108,124 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a
5detectable amount of a restricted controlled substance in his or her blood. A
6defendant has a defense to any action under this paragraph that is based on the
7defendant allegedly having a detectable amount of methamphetamine , or
8gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
9if he or she proves by a preponderance of the evidence that at the time of the incident
10or occurrence he or she had a valid prescription for methamphetamine or one of its
11metabolic precursors, or gamma-hydroxybutyric acid, or
12delta-9-tetrahydrocannabinol
.
AB220,226 13Section 226 . 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
14to read:
AB220,108,2415 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis,
16whether growing or not, with a tetrahydrocannabinols concentration that is greater
17than 0.3 percent on a dry weight basis
; the seeds thereof; the resin extracted from
18any part of the plant; and every compound, manufacture, salt, derivative, mixture,
19or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.
20“Marijuana" does include the mature stalks if mixed with other parts of the plant,
21but does not include fiber produced from the stalks, oil or cake made from the seeds
22of the plant, any other compound, manufacture, salt, derivative, mixture , or
23preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
24cake or the sterilized seed of the plant which is incapable of germination.
AB220,227 25Section 227 . 961.11 (4g) of the statutes is repealed.
AB220,228
1Section 228. 961.14 (4) (t) of the statutes is repealed.
AB220,229 2Section 229 . 961.32 (2m) of the statutes is repealed.
AB220,230 3Section 230 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
4as renumbered, is amended to read:
AB220,109,5 5961.75 (title) Controlled substances Marijuana therapeutic research.
AB220,231 6Section 231 . 961.38 (1n) of the statutes is repealed.
AB220,232 7Section 232 . 961.41 (1) (h) of the statutes is repealed.
AB220,233 8Section 233 . 961.41 (1m) (h) of the statutes is repealed.
AB220,234 9Section 234 . 961.41 (1q) of the statutes is repealed.
AB220,235 10Section 235 . 961.41 (1r) of the statutes is amended to read:
AB220,109,2011 961.41 (1r) Determining weight of substance. In determining amounts under
12s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
13of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
14psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
15cannabinoids, or substituted cathinones, or any controlled substance analog of any
16of these substances together with any compound, mixture, diluent, plant material
17or other substance mixed or combined with the controlled substance or controlled
18substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
19(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
20(4) (t) and includes the weight of any marijuana.
AB220,236 21Section 236 . 961.41 (3g) (c) of the statutes is amended to read:
AB220,110,622 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
23possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
24base, the person shall be fined not more than $5,000 and may be imprisoned for not
25more than one year in the county jail upon a first conviction and is guilty of a Class

1I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
2is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
3offense, the offender has at any time been convicted of any felony or misdemeanor
4under this chapter or under any statute of the United States or of any state relating
5to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
6or depressant, stimulant, or hallucinogenic drugs.
AB220,237 7Section 237 . 961.41 (3g) (d) of the statutes is amended to read:
AB220,110,248 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
9possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
10amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
11N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
12(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
13lysergic acid diethylamide, phencyclidine, amphetamine,
143,4-methylenedioxymethamphetamine, methcathinone, cathinone,
15N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
16(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
17$5,000 or imprisoned for not more than one year in the county jail or both upon a first
18conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
19purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
20prior to the offender's conviction of the offense, the offender has at any time been
21convicted of any felony or misdemeanor under this chapter or under any statute of
22the United States or of any state relating to controlled substances, controlled
23substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
24hallucinogenic drugs.
AB220,238 25Section 238 . 961.41 (3g) (e) of the statutes is repealed.
AB220,239
1Section 239. 961.41 (3g) (em) of the statutes is amended to read:
AB220,111,122 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
3possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
4analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
5not more than $1,000 or imprisoned for not more than 6 months or both upon a first
6conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
7purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
8prior to the offender's conviction of the offense, the offender has at any time been
9convicted of any felony or misdemeanor under this chapter or under any statute of
10the United States or of any state relating to controlled substances, controlled
11substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
12hallucinogenic drugs.
AB220,240 13Section 240 . 961.47 (1) of the statutes is amended to read:
AB220,112,414 961.47 (1) Whenever any person who has not previously been convicted of any
15offense under this chapter, or of any offense under any statute of the United States
16or of any state or of any county ordinance relating to controlled substances or
17controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
18or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
19possession of a controlled substance or controlled substance analog under s. 961.41
20(3g) (b), the court, without entering a judgment of guilt and with the consent of the
21accused, may defer further proceedings and place him or her on probation upon terms
22and conditions. Upon violation of a term or condition, the court may enter an
23adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
24terms and conditions, the court shall discharge the person and dismiss the
25proceedings against him or her. Discharge and dismissal under this section shall be

1without adjudication of guilt and is not a conviction for purposes of disqualifications
2or disabilities imposed by law upon conviction of a crime, including the additional
3penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
4only one discharge and dismissal under this section with respect to any person.
AB220,241 5Section 241 . 961.48 (3) of the statutes is amended to read:
AB220,112,116 961.48 (3) For purposes of this section, a felony offense under this chapter is
7considered a 2nd or subsequent offense if, prior to the offender's conviction of the
8offense, the offender has at any time been convicted of any felony or misdemeanor
9offense under this chapter or under any statute of the United States or of any state
10relating to controlled substances or controlled substance analogs, narcotic drugs,
11marijuana or depressant, stimulant, or hallucinogenic drugs.
AB220,242 12Section 242 . 961.48 (5) of the statutes is amended to read:
AB220,112,1413 961.48 (5) This section does not apply if the person is presently charged with
14a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB220,243 15Section 243 . 961.49 (1m) (intro.) of the statutes is amended to read:
AB220,112,2316 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
17or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)
18or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
19phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
20methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
21controlled substance analog of any of these substances and the delivery, distribution
22or possession takes place under any of the following circumstances, the maximum
23term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB220,244 24Section 244 . 961.571 (1) (a) 7. of the statutes is repealed.
AB220,245 25Section 245 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB220,113,3
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:
AB220,246 4Section 246 . 961.571 (1) (a) 11. e. of the statutes is repealed.
AB220,247 5Section 247 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB220,248 6Section 248 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
7is created to read:
AB220,113,88 Chapter 961
AB220,113,99 Subchapter VIII
AB220,113,1010 regulation of Marijuana
AB220,113,11 11961.70 Definitions. In this subchapter:
AB220,113,12 12(1) “Compassion center" has the meaning given in s. 50.80 (1).
AB220,113,13 13(2) “Legal age" means 21 years of age.
AB220,113,14 14(5) “Permissible amount" means one of the following:
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