AB43,3315 24Section 3315 . 948.61 (4) of the statutes is amended to read:
AB43,1715,4
1948.61 (4) A person under 17 years of age child who has violated this section
2is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
3or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
4938.183.
AB43,3316 5Section 3316. 950.04 (1v) (g) of the statutes is amended to read:
AB43,1715,86 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
7hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
8938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).
AB43,3317 9Section 3317 . 961.01 (14) of the statutes is renumbered 961.70 (2) and
10amended to read:
AB43,1715,2211 961.70 (2) “Marijuana" means all parts of the plants of the genus Cannabis,
12whether growing or not; the seeds thereof; the resin extracted from any part of the
13plant; and every compound, manufacture, salt, derivative, mixture , or preparation
14of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration
15of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or
16preparation is greater than 0.3 percent on a dry weight basis
. “Marijuana" does
17include the mature stalks if mixed with other parts of the plant, but does not include
18fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
19compound, manufacture, salt, derivative, mixture, or preparation of the mature
20stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed
21of the plant which is incapable of germination. “Marijuana” does not include hemp,
22as defined in s. 94.55 (1).
AB43,3318 23Section 3318 . 961.01 (19) (a) of the statutes is amended to read:
AB43,1716,424 961.01 (19) (a) A physician, advanced practice registered nurse, dentist,
25veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.975

1(1) (b), a physician assistant, or other person licensed, registered, certified or
2otherwise permitted to distribute, dispense, conduct research with respect to,
3administer or use in teaching or chemical analysis a controlled substance in the
4course of professional practice or research in this state.
AB43,3319 5Section 3319 . 961.11 (4g) of the statutes is repealed.
AB43,3320 6Section 3320 . 961.14 (4) (t) of the statutes is repealed.
AB43,3321 7Section 3321 . 961.32 (2m) of the statutes is repealed.
AB43,3322 8Section 3322 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
9as renumbered, is amended to read:
AB43,1716,10 10961.75 (title) Controlled substances Marijuana therapeutic research.
AB43,3323 11Section 3323 . 961.38 (1n) of the statutes is repealed.
AB43,3324 12Section 3324 . 961.395 of the statutes is amended to read:
AB43,1716,16 13961.395 Limitation on advanced practice registered nurses. (1) An
14advanced practice registered nurse who is certified may issue prescription orders
15under s. 441.16 441.09 (2) may prescribe controlled substances only as permitted by
16the rules promulgated under s. 441.16 (3) 441.09 (6) (a) 4.
AB43,1716,20 17(2) An advanced practice registered nurse certified under s. 441.16 who may
18issue prescription orders under s. 441.09 (2)
shall include with each prescription
19order the advanced practice nurse prescriber certification license number issued to
20him or her by the board of nursing.
AB43,1716,24 21(3) An advanced practice registered nurse certified under s. 441.16 who may
22issue prescription orders under s. 441.09 (2)
may dispense a controlled substance
23only by prescribing or administering the controlled substance or as otherwise
24permitted by the rules promulgated under s. 441.16 (3) 441.09 (6) (a) 4.
AB43,3325 25Section 3325 . 961.41 (1) (h) of the statutes is repealed.
AB43,3326
1Section 3326. 961.41 (1m) (h) of the statutes is repealed.
AB43,3327 2Section 3327 . 961.41 (1q) of the statutes is repealed.
AB43,3328 3Section 3328 . 961.41 (1r) of the statutes is amended to read:
AB43,1717,144 961.41 (1r) Determining weight of substance. In determining amounts under
5s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
6of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic
7acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
8tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any
9controlled substance analog of any of these substances together with any compound,
10mixture, diluent, plant material or other substance mixed or combined with the
11controlled substance or controlled substance analog. In addition, in determining
12amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
13means anything included under s. 961.14 (4) (t) and includes the weight of any
14marijuana.
AB43,3329 15Section 3329. 961.41 (1x) of the statutes is amended to read:
AB43,1717,1816 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
17to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the
18applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).
AB43,3330 19Section 3330 . 961.41 (3g) (c) of the statutes is amended to read:
AB43,1718,420 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
21possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
22base, the person shall be fined not more than $5,000 and may be imprisoned for not
23more than one year in the county jail upon a first conviction and is guilty of a Class
24I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
25is considered a 2nd or subsequent offense if, prior to the offender's conviction of the

1offense, the offender has at any time been convicted of any felony or misdemeanor
2under this chapter or under any statute of the United States or of any state relating
3to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
4or depressant, stimulant, or hallucinogenic drugs.
AB43,3331 5Section 3331 . 961.41 (3g) (d) of the statutes is amended to read:
AB43,1718,226 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
7possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
8amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
9N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
10(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
11lysergic acid diethylamide, phencyclidine, amphetamine,
123,4-methylenedioxymethamphetamine, methcathinone, cathinone,
13N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
14(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
15$5,000 or imprisoned for not more than one year in the county jail or both upon a first
16conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
17purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
18prior to the offender's conviction of the offense, the offender has at any time been
19convicted of any felony or misdemeanor under this chapter or under any statute of
20the United States or of any state relating to controlled substances, controlled
21substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
22hallucinogenic drugs.
AB43,3332 23Section 3332 . 961.41 (3g) (e) of the statutes is repealed.
AB43,3333 24Section 3333 . 961.41 (3g) (em) of the statutes is amended to read:
AB43,1719,11
1961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
2possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
3analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
4not more than $1,000 or imprisoned for not more than 6 months or both upon a first
5conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
6purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
7prior to the offender's conviction of the offense, the offender has at any time been
8convicted of any felony or misdemeanor under this chapter or under any statute of
9the United States or of any state relating to controlled substances, controlled
10substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
11hallucinogenic drugs.
AB43,3334 12Section 3334. 961.443 (2) (title) of the statutes is amended to read:
AB43,1719,1413 961.443 (2) (title) Immunity from criminal prosecution and revocation of
14parole, probation, or extended supervision
.
AB43,3335 15Section 3335. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
16amended to read:
AB43,1719,2417 961.443 (2) (a) An No aider may have his or her parole, probation, or extended
18supervision revoked, and an
aider is immune from prosecution under s. 961.573 for
19the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
20controlled substance or a controlled substance analog, and under s. 961.69 (2) for
21possession of a masking agent under the circumstances surrounding or leading to his
22or her commission of an act described in sub. (1) if the aider's attempt to obtain
23assistance occurs immediately after the aider believes the other person is suffering
24from the overdose or other adverse reaction
.
AB43,3336 25Section 3336. 961.443 (2) (b) of the statutes is created to read:
AB43,1720,6
1961.443 (2) (b) 1. No aided person person may have his or her parole, probation,
2or extended supervision revoked under the circumstances surrounding or leading to
3an aider's commission of an act described in sub. (1) if the aided person completes a
4treatment program as a condition of his or her parole, probation, or extended
5supervision or, if a treatment program is unavailable or would be prohibitive
6financially, agrees to be imprisoned in the county jail for not less than 15 days.
AB43,1720,157 2. If an aided person is subject to prosecution under s. 961.573 for the
8possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
9controlled substance or a controlled substance analog, or under s. 961.69 (2) for
10possession of a masking agent under the circumstances surrounding or leading to an
11aider's commission of an act described in sub. (1), the district attorney shall offer the
12aided person a deferred prosecution agreement that includes the completion of a
13treatment program. This subdivision does not apply to an aided person who is on
14parole, probation, or extended supervision and fails to meet a condition under subd.
151.
AB43,3337 16Section 3337 . 961.455 (title) of the statutes is amended to read:
AB43,1720,18 17961.455 (title) Using a child minor for illegal drug distribution or
18manufacturing purposes.
AB43,3338 19Section 3338 . 961.455 (1) of the statutes is amended to read:
AB43,1720,2220 961.455 (1) Any person who has attained the age of 17 years adult who
21knowingly solicits, hires, directs, employs, or uses a person who is under the age of
2217 years
minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB43,3339 23Section 3339 . 961.455 (2) of the statutes is amended to read:
AB43,1721,324 961.455 (2) The knowledge requirement under sub. (1) does not require proof
25of knowledge of the age of the child minor. It is not a defense to a prosecution under

1this section that the actor mistakenly believed that the person solicited, hired,
2directed, employed, or used under sub. (1) had attained the age of 18 years, even if
3the mistaken belief was reasonable.
AB43,3340 4Section 3340 . 961.46 of the statutes is amended to read:
AB43,1721,10 5961.46 Distribution to persons under age 18 minors. If a person 17 years
6of age or over
an adult violates s. 961.41 (1) by distributing or delivering a controlled
7substance or a controlled substance analog to a person 17 years of age or under minor
8who is at least 3 years his or her junior, the applicable maximum term of
9imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
10more than 5 years.
AB43,3341 11Section 3341 . 961.47 (1) of the statutes is amended to read:
AB43,1722,212 961.47 (1) Whenever any person who has not previously been convicted of any
13offense under this chapter, or of any offense under any statute of the United States
14or of any state or of any county ordinance relating to controlled substances or
15controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
16or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
17possession of a controlled substance or controlled substance analog under s. 961.41
18(3g) (b), the court, without entering a judgment of guilt and with the consent of the
19accused, may defer further proceedings and place him or her on probation upon terms
20and conditions. Upon violation of a term or condition, the court may enter an
21adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
22terms and conditions, the court shall discharge the person and dismiss the
23proceedings against him or her. Discharge and dismissal under this section shall be
24without adjudication of guilt and is not a conviction for purposes of disqualifications
25or 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.
AB43,3342 3Section 3342 . 961.472 (5) (b) of the statutes is amended to read:
AB43,1722,64 961.472 (5) (b) The person is participating in a an evidence-based substance
5abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
6as determined by the department of justice under s. 165.95 (9) and (10).
AB43,3343 7Section 3343 . 961.48 (3) of the statutes is amended to read:
AB43,1722,138 961.48 (3) For purposes of this section, a felony offense under this chapter is
9considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted of any felony or misdemeanor
11offense under this chapter or under any statute of the United States or of any state
12relating to controlled substances or controlled substance analogs, narcotic drugs,
13marijuana or depressant, stimulant, or hallucinogenic drugs.
AB43,3344 14Section 3344 . 961.48 (5) of the statutes is amended to read:
AB43,1722,1615 961.48 (5) This section does not apply if the person is presently charged with
16a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB43,3345 17Section 3345 . 961.49 (1m) (intro.) of the statutes is amended to read:
AB43,1723,218 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
19or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
20(f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
21base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
22psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any
23form of tetrahydrocannabinols
or a controlled substance analog of any of these
24substances and the delivery, distribution or possession takes place under any of the

1following circumstances, the maximum term of imprisonment prescribed by law for
2that crime may be increased by 5 years:
AB43,3346 3Section 3346 . 961.571 (1) (a) 7. of the statutes is repealed.
AB43,3347 4Section 3347 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB43,1723,75 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
6for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
7or hashish oil into the human body, such as:
AB43,3348 8Section 3348 . 961.571 (1) (a) 11. e. of the statutes is repealed.
AB43,3349 9Section 3349 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB43,3350 10Section 3350 . 961.573 (2) of the statutes is amended to read:
AB43,1723,1211 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
12is subject to a disposition under s. 938.344 (2e).
AB43,3351 13Section 3351 . 961.574 (2) of the statutes is amended to read:
AB43,1723,1514 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
15is subject to a disposition under s. 938.344 (2e).
AB43,3352 16Section 3352 . 961.575 (1) of the statutes is amended to read:
AB43,1723,2017 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
18by delivering drug paraphernalia to a person 17 years of age or under minor who is
19at least 3 years younger than the violator may be fined not more than $10,000 or
20imprisoned for not more than 9 months or both.
AB43,3353 21Section 3353 . 961.575 (2) of the statutes is amended to read:
AB43,1723,2322 961.575 (2) Any person minor who violates this section who is under 17 years
23of age
is subject to a disposition under s. 938.344 (2e).
AB43,3354 24Section 3354 . 961.575 (3) of the statutes is amended to read:
AB43,1724,3
1961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
2by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
3of a Class G felony.
AB43,3355 4Section 3355 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
5is created to read:
AB43,1724,66 Chapter 961
AB43,1724,77 Subchapter VIII
AB43,1724,88 regulation of Marijuana
AB43,1724,9 9961.70 Definitions. In this subchapter:
AB43,1724,10 10(1) “Extreme measure to avoid detection” means any of the following:
AB43,1724,1311 (a) A system that aims to alert a person if law enforcement approaches an area
12that contains marijuana plants if the system exceeds a security system that would
13be used by a reasonable person in the person's region.
AB43,1724,1614 (b) A method of intimidating individuals who approach an area that contains
15marijuana plants if the method exceeds a method that would be used by a reasonable
16person in the person's region.
AB43,1724,1817 (c) A system that is designed so that an individual approaching the area that
18contains marijuana plants may be injured or killed by the system.
AB43,1724,20 19(1m) “Legal age" means 21 years of age, except that in the case of a qualifying
20patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.
AB43,1724,21 21(3) “Permissible amount" means one of the following:
AB43,1724,2322 (a) For a person who is a resident of Wisconsin, an amount that does not exceed
232 ounces of usable marijuana.
AB43,1724,2524 (b) For a person who is not a resident of Wisconsin, an amount that does not
25exceed one-quarter ounce of usable marijuana.
AB43,1725,1
1(4) “Permittee" has the meaning given under s. 139.97 (10).
AB43,1725,2 2(5) “Retail outlet" has the meaning given in s. 139.97 (11).
AB43,1725,7 3(6) “Tetrahydrocannabinols concentration" means the percent of
4tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or
5per volume or weight of marijuana product, or the combined percent of
6tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
7Cannabis regardless of moisture content.
AB43,1725,8 8(7) “Underage person" means a person who has not attained the legal age.
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