448,94
Section 94
. 139.37 (1) (c) 3. of the statutes is amended to read:
139.37 (1) (c) 3. Is addicted to the use of a controlled substance or controlled substance analog under ch. 161 961;
448,95
Section 95
. 139.87 (2) of the statutes is amended to read:
139.87 (2) “Dealer" means a person who in violation of ch. 161 961 possesses, manufactures, produces, ships, transports, delivers, distributes, imports, sells or transfers to another person more than 42.5 grams of marijuana material containing tetrahydrocannabinols, more than 5 marijuana plants containing tetrahydrocannabinols, more than 14 grams of mushrooms containing psilocin or psilocybin, more than 100 milligrams of any material containing lysergic acid diethylamide or more than 7 grams of any other schedule I controlled substance or schedule II controlled substance or of a controlled substance analog of a schedule I or schedule II controlled substance. “Dealer" does not include a person who lawfully possesses marijuana or another a controlled substance or controlled substance analog.
448,96
Section 96
. 139.87 (4) of the statutes is repealed.
448,97
Section 97
. 139.87 (5) of the statutes is amended to read:
139.87 (5) “Schedule I controlled substance" means a substance listed included in s. 161.14 961.14.
448,98
Section 98
. 139.87 (6) of the statutes is amended to read:
139.87 (6) “Schedule II controlled substance" means a substance listed included in s. 161.16 961.16.
448,99
Section 99
. 139.87 (7) of the statutes is created to read:
139.87 (7) “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
448,100
Section 100
. 139.88 (1) of the statutes is amended to read:
139.88 (1) Per gram or part of a gram of marijuana material containing tetrahydrocannabinols, whether pure or impure, measured when in the dealer's possession, $3.50.
448,101
Section 101
. 139.88 (1d) of the statutes is amended to read:
139.88 (1d) Per marijuana plant
containing tetrahydrocannabinols, regardless of weight, counted when in the dealer's possession, $1,000.
448,102
Section 102
. 146.0255 (title) of the statutes is amended to read:
146.0255 (title) Testing infants for controlled substances or controlled substance analogs.
448,103
Section 103
. 146.0255 (1) of the statutes is renumbered 146.0255 (1) (intro.) and amended to read:
146.0255 (1) (title) Definition Definitions. (intro.) In this section, “controlled:
(a) “Controlled substance" has the meaning given in s. 161.01 961.01 (4).
448,104
Section 104
. 146.0255 (1) (b) of the statutes is created to read:
146.0255 (1) (b) “Controlled substance analog" has the meaning given in s. 961.01 (4m).
448,105
Section 105
. 146.0255 (2) of the statutes is amended to read:
146.0255 (2) Testing. Any hospital employe who provides health care, social worker or foster care or treatment foster care intake worker may refer an infant to a physician for testing of the infant's bodily fluids for controlled substances or controlled substance analogs if the hospital employe who provides health care, social worker or foster care or treatment foster care intake worker suspects that the infant has controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's ingestion of controlled substances or controlled substance analogs while she was pregnant with the infant. The physician may test the infant to ascertain whether or not the infant has controlled substances or controlled substance analogs in the infant's bodily fluids, if the parent or guardian consents to the testing and if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's ingestion of controlled substances or controlled substance analogs while she was pregnant with the infant. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report under s. 46.238.
448,106
Section 106
. Chapter 161 (title) of the statutes is renumbered chapter 961 (title).
448,107
Section 107
. 161.001 (intro.) of the statutes is renumbered 961.001 (intro.).
448,108
Section 108
. 161.001 (1) of the statutes is renumbered 961.001 (1r).
448,109
Section 109
. 161.001 (2) of the statutes is renumbered 961.001 (2).
448,110
Section 110
. 161.001 (3) of the statutes is renumbered 961.001 (3).
448,111
Section 111
. Subchapter I (title) of chapter 161 [precedes 161.01] of the statutes is renumbered subchapter I (title) of chapter 961 [precedes 961.01].
448,112
Section 112
. 161.01 (intro.) of the statutes is renumbered 961.01 (intro.).
448,113
Section 113
. 161.01 (1) of the statutes is renumbered 961.01 (1), and 961.01 (1) (intro.), as renumbered, is amended to read:
961.01 (1) (intro.) “Administer", unless the context otherwise requires, means the direct application of to apply a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:
448,114
Section 114
. 161.01 (2) of the statutes is renumbered 961.01 (2) and amended to read:
961.01 (2) “Agent", unless the context otherwise requires, means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It “Agent" does not include a common or contract carrier, public warehouse keeper or employe of the carrier or warehouse keeper while acting in the usual and lawful course of the carrier's or warehouse keeper's business.
448,115
Section 115
. 161.01 (3) of the statutes is repealed.
448,116
Section 116
. 161.01 (4) of the statutes is renumbered 961.01 (4) and amended to read:
961.01 (4) “Controlled substance" means a drug, substance or immediate precursor included in schedules I to V of subch. II.
448,117
Section 117
. 161.01 (5) of the statutes is renumbered 961.01 (5).
448,118
Section 118
. 161.01 (6) of the statutes is renumbered 961.01 (6) and amended to read:
961.01 (6) “Deliver" or “delivery"
, unless the context otherwise requires, means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is any agency relationship.
448,119
Section 119
. 161.01 (7) of the statutes is renumbered 961.01 (7).
448,120
Section 120
. 161.01 (8) of the statutes is renumbered 961.01 (8).
448,121
Section 121
. 161.01 (9) of the statutes is renumbered 961.01 (9) and amended to read:
961.01 (9) “Distribute" means to deliver other than by administering or dispensing a controlled substance or controlled substance analog.
448,122
Section 122
. 161.01 (10) of the statutes is renumbered 961.01 (10).
448,123
Section 123
. 161.01 (10m) of the statutes is renumbered 961.01 (10m).
448,124
Section 124
. 161.01 (11) of the statutes is renumbered 961.01 (11), and 961.01 (11) (a), as renumbered, is amended to read:
961.01 (11) (a) “Drug" means any of the following:
1. Substances A substance recognized as drugs a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them;.
2. Substances A substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;.
3. Substances A substance, other than food, intended to affect the structure or any function of the body of humans or animals; and.
4. Substances A substance intended for use as a component of any article specified in subd. 1., 2. or 3.
448,125
Section 125
. 161.01 (12) of the statutes is renumbered 961.01 (12).
448,126
Section 126
. 161.01 (12m) of the statutes is renumbered 961.01 (12m).
448,127
Section 127
. 161.01 (13) of the statutes is renumbered 961.01 (13), and 961.01 (13) (intro.), as renumbered, is amended to read:
961.01 (13) (intro.) “Manufacture" means
the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, and includes including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container. “Manufacture" does not include mean to prepare, compound, package, repackage, label or relabel or the preparation, compounding, packaging, repackaging, labeling or relabeling of a controlled substance:
448,128
Section 128
. 161.01 (14) of the statutes is renumbered 961.01 (14) and amended to read:
961.01 (14) “Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It “Marijuana" does not include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
448,129
Section 129
. 161.01 (14m) of the statutes is renumbered 961.01 (14m).
448,130
Section 130
. 161.01 (15) (intro.) of the statutes is renumbered 961.01 (15) (intro.).
448,131
Section 131
. 161.01 (15) (a) of the statutes is renumbered 961.01 (15) (a) and amended to read:
961.01 (15) (a) Opium and opiate
substances derived from opium, and any salt, compound, derivative or preparation of opium or opiate substances derived from opium, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
448,132
Section 132
. 161.01 (15) (b) of the statutes is repealed.
448,133
Section 133
. 161.01 (15) (c) of the statutes is renumbered 961.01 (15) (c) and amended to read:
961.01 (15) (c) Opium poppy and
, poppy straw and concentrate of poppy straw.
448,134
Section 134
. 161.01 (16) of the statutes is renumbered 961.01 (16) and amended to read:
961.01 (16) “Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It “Opiate" includes opium, substances derived from opium and synthetic opiates. “Opiate" does not include, unless specifically designated scheduled as a controlled substance under s. 161.11 961.11, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan 3-methoxy-N-methylmorphinan and its salts (dextromethorphan). It “Opiate" does include its the racemic and levorotatory forms of dextromethorphan.
448,135
Section 135
. 161.01 (17) of the statutes is renumbered 961.01 (17) and amended to read:
961.01 (17) “Opium poppy" means the any plant of the species Papaver Somniferum somniferum L., except its seeds.
448,136
Section 136
. 161.01 (18) of the statutes is renumbered 961.01 (18).
448,137
Section 137
. 161.01 (19) of the statutes is renumbered 961.01 (19), and 961.01 (19) (a), as renumbered, is amended to read:
961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to or, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.
448,138
Section 138
. 161.01 (20) of the statutes is renumbered 961.01 (20) and amended to read:
961.01 (20) “Production", unless the context otherwise requires, includes the manufacture,
manufacturing of a controlled substance or controlled substance analog and the planting, cultivation cultivating, growing or harvesting of a plant from which a controlled substance
or controlled substance analog is derived.
448,139
Section 139
. 161.01 (20g) of the statutes is renumbered 961.01 (20g).
448,140
Section 140
. 161.01 (20i) of the statutes is renumbered 961.01 (20i).
448,141
Section 141
. 161.01 (20m) of the statutes is renumbered 961.01 (2m), and 961.01 (2m) (a), as renumbered, is amended to read:
961.01 (2m) (a) “Anabolic steroid" means any drug or hormonal substance, chemically or pharmacologically related to testosterone (except estrogens, progestin, and corticosteroids), that promotes muscle growth. The term includes all of the substances listed included in s. 161.18 961.18 (7), and any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically possible under within the specific chemical designation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth.
448,142
Section 142
. 161.01 (21) of the statutes is renumbered 961.01 (21) and amended to read:
961.01 (21) “Ultimate user" means a person an individual who lawfully possesses a controlled substance for that person's individual's own use or for the use of a member of that person's individual's household or for administering to an animal owned by that person
individual or by a member of that person's individual's household.
448,143
Section 143
. 161.01 (22) of the statutes is renumbered 961.01 (22).
448,144
Section 144
. Subchapter II (title) of chapter 161 [precedes 161.11] of the statutes is renumbered subchapter II (title) of chapter 961 [precedes 961.11].
448,145
Section 145
. 161.11 (title) of the statutes is renumbered 961.11 (title).
448,146
Section
146. 161.11 (1) (intro.) of the statutes is renumbered 961.11 (1) (intro.) and amended to read:
961.11 (1) (intro.) The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances enumerated listed in the schedules in ss. 161.14, 161.16, 161.18, 161.20 and 161.22 961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule-making procedures of ch. 227.
(1m) In making a determination regarding a substance, the board shall consider the following:
448,147
Section 147
. 161.11 (1) (a) to (h) of the statutes are renumbered 961.11 (1m) (a) to (h), and 961.11 (1m) (g), as renumbered, is amended to read:
961.11 (1m) (g) The potential of the substance to produce psychic psychological or physical dependence liability; and
