AB817: Bill Text

AB817,35,20 115.35 (1) A critical health problems education program is established in the department. The program shall be a systematic and integrated program designed to provide appropriate learning experiences based on scientific knowledge of the human organism as it functions within its environment and designed to favorably influence the health, understanding, attitudes and practices of the individual child which will enable him or her to adapt to changing health problems of our society. The program shall be designed to educate youth with regard to critical health problems and shall include, but not be limited to, the following topics as the basis for comprehensive education curricula in all elementary and secondary schools: controlled substances, as defined in s. 161.01 961.01 (4); controlled substance analogs, as defined in s. 961.01 (4m); alcohol; tobacco; mental health; sexually transmitted diseases, including acquired immunodeficiency syndrome; human growth and development; and related health and safety topics. Participation in the human growth and development topic of the curricula shall be entirely voluntary. The department may not require a school board to use a specific human growth and development curriculum.

AB817, s. 82 Section 82. 118.01 (2) (d) 2. c. of the statutes is amended to read:

AB817,36,2 118.01 (2) (d) 2. c. Knowledge of physiology and hygiene, sanitation, the effects of controlled substances under ch. 161 961 and alcohol upon the human system, symptoms of disease and the proper care of the body. No pupil may be required to take instruction in these subjects if his or her parent files with the teacher a written objection thereto. Instruction in physiology and hygiene shall include instruction on sexually transmitted diseases and shall be offered in every high school.

AB817, s. 83 Section 83. 118.01 (2) (d) 6. of the statutes is amended to read:

AB817,36,6 118.01 (2) (d) 6. Knowledge of the prevention of accidents and promotion of safety on the public highways, including instruction on the relationship between highway safety and the use of alcohol and controlled substances under ch. 161 961.

AB817, s. 84 Section 84. 118.01 (2) (d) 7. of the statutes is amended to read:

AB817,36,13 118.01 (2) (d) 7. The skills needed to make sound decisions, knowledge of the conditions which may cause and the signs of suicidal tendencies, knowledge of the relationship between youth suicide and the use of alcohol and controlled substances under ch. 161 961 and knowledge of the available community youth suicide prevention and intervention services. Instruction shall be designed to help prevent suicides by pupils by promoting the positive emotional development of pupils.

AB817, s. 85 Section 85. 118.257 (1) (a) of the statutes is amended to read:

AB817,36,16 118.257 (1) (a) "Controlled substance" has the meaning specified in s. 161.01 961.01 (4).

AB817, s. 86 Section 86. 118.257 (1) (am) of the statutes is created to read:

AB817,36,19 118.257 (1) (am) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 87 Section 87. 118.257 (1) (b) of the statutes is amended to read:

AB817,36,21 118.257 (1) (b) "Distribute" has the meaning specified in s. 161.01 961.01 (9).

AB817, s. 88 Section 88. 118.257 (2) of the statutes is amended to read:

AB817,37,3 118.257 (2) A school administrator, principal, pupil services professional or teacher employed by a school board is not liable for referring a pupil enrolled in the school district to law enforcement authorities, or for removing a pupil from the school premises or from participation in a school-sponsored activity, for suspicion of possession, distribution or consumption of an alcohol beverage or a controlled substance or controlled substance analog.

AB817, s. 89 Section 89. 125.12 (2) (ag) 5. of the statutes is amended to read:

AB817,37,13 125.12 (2) (ag) 5. The person has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 161.41 961.41 (1); of possessing, with intent to manufacture , distribute or delivery deliver, a controlled substance or controlled substance analog under s. 161.41 961.41 (1m); or of possessing, with intent to manufacture or deliver, or of manufacturing or delivering a controlled substance under s. 161.41 (1m); or of possessing, with intent to manufacture, distribute or delivery deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.

AB817, s. 90 Section 90. 125.12 (2) (ag) 6. of the statutes is amended to read:

AB817,37,18 125.12 (2) (ag) 6. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.

AB817, s. 91 Section 91. 125.12 (4) (ag) 7. of the statutes is amended to read:

AB817,38,2 125.12 (4) (ag) 7. That the licensee has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 161.41 961.41 (1); of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under s. 161.41 961.41 (1m); or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.

AB817, s. 92 Section 92. 125.12 (4) (ag) 8. of the statutes is amended to read:

AB817,38,7 125.12 (4) (ag) 8. That the licensee knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.

AB817, s. 93 Section 93. 139.34 (1) (c) 3. of the statutes is amended to read:

AB817,38,10 139.34 (1) (c) 3. The person is addicted to the use of a controlled substance or controlled substance analog under ch. 161 961.

AB817, s. 94 Section 94. 139.37 (1) (c) 3. of the statutes is amended to read:

AB817,38,13 139.37 (1) (c) 3. Is addicted to the use of a controlled substance or controlled substance analog under ch. 161 961;

AB817, s. 95 Section 95. 139.87 (2) of the statutes is amended to read:

AB817,38,25 139.87 (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.

AB817, s. 96 Section 96. 139.87 (4) of the statutes is repealed.

AB817, s. 97 Section 97. 139.87 (5) of the statutes is amended to read:

AB817,39,4 139.87 (5) "Schedule I controlled substance" means a substance listed included in s. 161.14 961.14.

AB817, s. 98 Section 98. 139.87 (6) of the statutes is amended to read:

AB817,39,7 139.87 (6) "Schedule II controlled substance" means a substance listed included in s. 161.16 961.16.

AB817, s. 99 Section 99. 139.87 (7) of the statutes is created to read:

AB817,39,10 139.87 (7) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).

AB817, s. 100 Section 100. 139.88 (1) of the statutes is amended to read:

AB817,39,14 139.88 (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.

AB817, s. 101 Section 101. 139.88 (1d) of the statutes is amended to read:

AB817,39,17 139.88 (1d) Per marijuana plant containing tetrahydrocannabinols, regardless of weight, counted when in the dealer's possession, $1,000.

AB817, s. 102 Section 102. 146.0255 (title) of the statutes is amended to read:

AB817,39,20 146.0255 (title) Testing infants for controlled substances or controlled substance analogs.

AB817, s. 103 Section 103. 146.0255 (1) of the statutes is renumbered 146.0255 (1) (intro.) and amended to read:

AB817,39,23 146.0255 (1) (title) Definition Definitions. (intro.) In this section , "controlled:

AB817,39,24 (a) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).

AB817, s. 104 Section 104. 146.0255 (1) (b) of the statutes is created to read:

AB817,40,2 146.0255 (1) (b) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 105 Section 105. 146.0255 (2) of the statutes is amended to read:

AB817,40,19 146.0255 (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.

AB817, s. 106 Section 106. Chapter 161 (title) of the statutes is renumbered chapter 961 (title).

AB817, s. 107 Section 107. 161.001 (intro.) of the statutes is renumbered 961.001 (intro.).

AB817, s. 108 Section 108. 161.001 (1) of the statutes is renumbered 961.001 (1r).

AB817, s. 109 Section 109. 161.001 (2) of the statutes is renumbered 961.001 (2).

AB817, s. 110 Section 110. 161.001 (3) of the statutes is renumbered 961.001 (3).

AB817, s. 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].

AB817, s. 112 Section 112. 161.01 (intro.) of the statutes is renumbered 961.01 (intro.).

AB817, s. 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:

AB817,41,9 961.01 (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:

AB817, s. 114 Section 114. 161.01 (2) of the statutes is renumbered 961.01 (2) and amended to read:

AB817,41,16 961.01 (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.

AB817, s. 115 Section 115. 161.01 (3) of the statutes is repealed.

AB817, s. 116 Section 116. 161.01 (4) of the statutes is renumbered 961.01 (4) and amended to read:

AB817,41,21 961.01 (4) "Controlled substance" means a drug, substance or immediate precursor included in schedules I to V of subch. II.

AB817, s. 117 Section 117. 161.01 (5) of the statutes is renumbered 961.01 (5).

AB817, s. 118 Section 118. 161.01 (6) of the statutes is renumbered 961.01 (6) and amended to read:

AB817,42,4 961.01 (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.

AB817, s. 119 Section 119. 161.01 (7) of the statutes is renumbered 961.01 (7).

AB817, s. 120 Section 120. 161.01 (8) of the statutes is renumbered 961.01 (8).

AB817, s. 121 Section 121. 161.01 (9) of the statutes is renumbered 961.01 (9) and amended to read:

AB817,42,10 961.01 (9) "Distribute" means to deliver other than by administering or dispensing a controlled substance or controlled substance analog.

AB817, s. 122 Section 122. 161.01 (10) of the statutes is renumbered 961.01 (10).

AB817, s. 123 Section 123. 161.01 (10m) of the statutes is renumbered 961.01 (10m).

AB817, s. 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:

AB817,42,15 961.01 (11) (a) "Drug" means any of the following:

AB817,42,18 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;.

AB817,42,20 2. Substances A substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; .

AB817,42,22 3. Substances A substance, other than food, intended to affect the structure or any function of the body of humans or animals; and.

AB817,42,24 4. Substances A substance intended for use as a component of any article specified in subd. 1., 2. or 3.

AB817, s. 125 Section 125. 161.01 (12) of the statutes is renumbered 961.01 (12).

AB817, s. 126 Section 126. 161.01 (12m) of the statutes is renumbered 961.01 (12m).

AB817, s. 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:

AB817,43,13 961.01 (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:

AB817, s. 128 Section 128. 161.01 (14) of the statutes is renumbered 961.01 (14) and amended to read:

AB817,43,24 961.01 (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.

AB817, s. 129 Section 129. 161.01 (14m) of the statutes is renumbered 961.01 (14m).

AB817, s. 130 Section 130. 161.01 (15) (intro.) of the statutes is renumbered 961.01 (15) (intro.).

AB817, s. 131 Section 131. 161.01 (15) (a) of the statutes is renumbered 961.01 (15) (a) and amended to read:

AB817,44,9 961.01 (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.

AB817, s. 132 Section 132. 161.01 (15) (b) of the statutes is repealed.