AB183-ASA1, s. 24 19Section 24. 961.41 (1r) of the statutes is amended to read:
AB183-ASA1,7,520 961.41 (1r) Determining weight of substance. In determining amounts under
21s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), and s. 961.437 (2m), an amount
22includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid
23diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
24methamphetamine precursors, methcathinone, or tetrahydrocannabinols or any
25controlled substance analog of any of these substances together with any compound,

1mixture, diluent, plant material or other substance mixed or combined with the
2controlled substance or, controlled substance analog, or methamphetamine
3precursor
. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the
4amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t)
5and includes the weight of any marijuana.
AB183-ASA1, s. 25 6Section 25. 961.41 (3j) of the statutes is created to read:
AB183-ASA1,7,127 961.41 (3j) Purchase of pseudoephedrine. Whoever, other than a physician,
8dentist, veterinarian, or pharmacist, purchases within a 30-day period more than
99 grams of a product to which s. 961.22 (3) (b) applies from a single seller other than
10by purchasing the product in person from a pharmacy or pharmacist is guilty of a
11Class I felony. This subsection does not apply to a purchase that is authorized by a
12physician, dentist, or veterinarian.
AB183-ASA1, s. 26 13Section 26. 961.437 (title) of the statutes is amended to read:
AB183-ASA1,7,15 14961.437 (title) Possession and disposal of Materials used in and waste
15produced from manufacture of methamphetamine.
AB183-ASA1, s. 27 16Section 27. 961.437 (1) (title) of the statutes is created to read:
AB183-ASA1,7,1717 961.437 (1) (title) Definitions.
AB183-ASA1, s. 28 18Section 28. 961.437 (2) of the statutes is renumbered 961.437 (3m) (a).
AB183-ASA1, s. 29 19Section 29. 961.437 (2m) of the statutes is created to read:
AB183-ASA1,8,220 961.437 (2m) Materials used in manufacture of methamphetamine. Except
21as authorized by this chapter, any person who possesses a methamphetamine
22precursor, red phosphorus, lithium metal, sodium metal, iodine, anhydrous
23ammonia, pressurized ammonia, or liquid nitrogen with intent to manufacture
24methamphetamine is guilty of a Class H felony. Possession of more than 24 grams

1of methamphetamine precursors shall be prima facie evidence of intent to
2manufacture methamphetamine.
AB183-ASA1, s. 30 3Section 30. 961.437 (3) of the statutes is renumbered 961.437 (3m) (b), and
4961.437 (3m) (b) (intro.) and 2., as renumbered, are amended to read:
AB183-ASA1,8,75 961.437 (3m) (b) (intro.) Subsection (2) Paragraph (a) does not apply to a person
6who possesses or disposes of methamphetamine manufacturing waste under all of
7the following circumstances:
AB183-ASA1,8,98 2. The methamphetamine manufacturing waste had previously been possessed
9or disposed of by another person in violation of sub. (2) par. (a).
AB183-ASA1, s. 31 10Section 31. 961.437 (3m) (title) of the statutes is created to read:
AB183-ASA1,8,1111 961.437 (3m) (title) Waste from manufacture of methamphetamine.
AB183-ASA1, s. 32 12Section 32. 961.437 (4) of the statutes is renumbered 961.437 (3m) (c), and
13961.437 (3m) (c) (intro.), as renumbered, is amended to read:
AB183-ASA1,8,1514 961.437 (3m) (c) (intro.) A person who violates sub. (2) par. (a) is subject to the
15following penalties:
AB183-ASA1, s. 33 16Section 33. 961.437 (5) of the statutes is renumbered 961.437 (3m) (d) and
17amended to read:
AB183-ASA1,8,1918 961.437 (3m) (d) Each day of a continuing violation of sub. (2) par. (a) 1. or (b)
192. constitutes a separate offense.
AB183-ASA1, s. 34 20Section 34. 961.453 of the statutes is created to read:
AB183-ASA1,8,25 21961.453 Purchases of pseudoephedrine on behalf of another person.
22(1) (a) No person may knowingly solicit, hire, direct, employ, or use another to
23purchase, on behalf of the actor, a product to which s. 961.22 (3) (b) applies if the actor
24does so with the intent to acquire within a 30-day period more than 9 grams of a
25product to which s. 961.22 (3) (b) applies.
AB183-ASA1,9,2
1(b) 1. Except as provided in subd. 2., a person who violates par. (a) is guilty of
2a Class I felony.
AB183-ASA1,9,53 2. If the person who is solicited, hired, directed, employed, or used to purchase
4the product to which s. 961.22 (3) (b) applies is less than 18 years of age, the actor
5is guilty of a Class H felony.
AB183-ASA1,9,9 6(2) No person may purchase, on behalf of another, a product to which s. 961.22
7(3) (b) applies if the actor does so with the intent to facilitate another person's
8manufacture of methamphetamine. A person who violates this subsection is guilty
9of a Class I felony.
AB183-ASA1, s. 35 10Section 35. 961.46 of the statutes is renumbered 961.46 (1) and amended to
11read:
AB183-ASA1,9,1612 961.46 (1) If Except as provided in sub. (2), if a person violates s. 961.41 (1) by
13distributing or delivering a controlled substance or a controlled substance analog to
14a person 17 years of age or under who is at least 3 years his or her junior, the
15applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
16offense may be increased by not more than 5 years.
AB183-ASA1, s. 36 17Section 36. 961.46 (2) of the statutes is created to read:
AB183-ASA1,9,2118 961.46 (2) Notwithstanding s. 961.41 (1) (e), if a person violates s. 961.41 (1)
19by distributing or delivering methamphetamine or a controlled substance analog of
20methamphetamine to a person 17 years of age or under who is at least 2 years his
21or her junior, the person is guilty of a Class B felony.
AB183-ASA1, s. 37 22Section 37. 961.49 (title) of the statutes is amended to read:
AB183-ASA1,9,25 23961.49 (title) Distribution of or possession with Offenses involving
24intent to deliver
or distribute a controlled substance on or near certain
25places.
AB183-ASA1, s. 38
1Section 38. 961.49 of the statutes is renumbered 961.49 (1m).
AB183-ASA1, s. 39 2Section 39. 961.49 (2m) of the statutes is created to read:
AB183-ASA1,10,73 961.49 (2m) If any person violates s. 961.437 (2m) with intent to deliver or
4distribute methamphetamine or a controlled substance analog of methamphetamine
5and the delivery, distribution, or possession takes place under any of the
6circumstances listed under sub. (1m) (a), (b), (c), or (d), the maximum term of
7imprisonment prescribed by law for that crime may be increased by 5 years.
AB183-ASA1, s. 40 8Section 40. 973.01 (2) (c) 2. a. of the statutes is amended to read:
AB183-ASA1,10,99 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.645, 961.46 (1), and 961.49.
AB183-ASA1, s. 41 10Section 41. 973.017 (8) (a) 3. of the statutes is created to read:
AB183-ASA1,10,1511 973.017 (8) (a) 3. When making a sentencing decision concerning a person
12convicted of violating s. 961.437 (2m), the court shall consider as an aggravating
13factor the fact that the person intended to deliver or distribute methamphetamine
14or a controlled substance analog of methamphetamine to a prisoner within the
15precincts of any prison, jail, or house of correction.
AB183-ASA1, s. 42 16Section 42. 973.017 (8) (c) of the statutes is created to read:
AB183-ASA1,10,2117 973.017 (8) (c) When making a sentencing decision concerning a person
18convicted of violating s. 961.437 (2m), the court shall consider as an aggravating
19factor the fact that the person intended to deliver or distribute methamphetamine
20or a controlled substance analog of methamphetamine and that the person
21knowingly used a public transit vehicle during the violation.
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