AB817, s. 91 19Section 91. 125.12 (4) (ag) 7. of the statutes is amended to read:
AB817,38,220 125.12 (4) (ag) 7. That the licensee has been convicted of manufacturing,
21distributing
or delivering a controlled substance or controlled substance analog
22under s. 161.41 961.41 (1); of possessing, with intent to manufacture, distribute or
23deliver, a controlled substance or controlled substance analog under s. 161.41 961.41
24(1m); or of possessing, with intent to manufacture, distribute or deliver, or of
25manufacturing, distributing or delivering a controlled substance or controlled

1substance analog
under a substantially similar federal law or a substantially similar
2law of another state.
AB817, s. 92 3Section 92. 125.12 (4) (ag) 8. of the statutes is amended to read:
AB817,38,74 125.12 (4) (ag) 8. That the licensee knowingly allows another person, who is
5on the premises for which the license under this chapter is issued, to possess, with
6the intent to manufacture, distribute or deliver, or to manufacture, distribute or
7deliver a controlled substance or controlled substance analog.
AB817, s. 93 8Section 93. 139.34 (1) (c) 3. of the statutes is amended to read:
AB817,38,109 139.34 (1) (c) 3. The person is addicted to the use of a controlled substance or
10controlled substance analog
under ch. 161 961.
AB817, s. 94 11Section 94. 139.37 (1) (c) 3. of the statutes is amended to read:
AB817,38,1312 139.37 (1) (c) 3. Is addicted to the use of a controlled substance or controlled
13substance analog
under ch. 161 961;
AB817, s. 95 14Section 95. 139.87 (2) of the statutes is amended to read:
AB817,38,2515 139.87 (2) "Dealer" means a person who in violation of ch. 161 961 possesses,
16manufactures, produces, ships, transports, delivers, distributes, imports, sells or
17transfers to another person more than 42.5 grams of marijuana material containing
18tetrahydrocannabinols
, more than 5 marijuana plants containing
19tetrahydrocannabinols
, more than 14 grams of mushrooms containing psilocin or
20psilocybin, more than 100 milligrams of any material containing lysergic acid
21diethylamide or more than 7 grams of any other schedule I controlled substance or
22schedule II controlled substance or of a controlled substance analog of a schedule I
23or schedule II controlled substance
. "Dealer" does not include a person who lawfully
24possesses marijuana or another a controlled substance or controlled substance
25analog
.
AB817, s. 96
1Section 96. 139.87 (4) of the statutes is repealed.
AB817, s. 97 2Section 97. 139.87 (5) of the statutes is amended to read:
AB817,39,43 139.87 (5) "Schedule I controlled substance" means a substance listed included
4in s. 161.14 961.14.
AB817, s. 98 5Section 98. 139.87 (6) of the statutes is amended to read:
AB817,39,76 139.87 (6) "Schedule II controlled substance" means a substance listed included
7in s. 161.16 961.16.
AB817, s. 99 8Section 99. 139.87 (7) of the statutes is created to read:
AB817,39,109 139.87 (7) "Tetrahydrocannabinols" means a substance included in s. 961.14
10(4) (t).
AB817, s. 100 11Section 100. 139.88 (1) of the statutes is amended to read:
AB817,39,1412 139.88 (1) Per gram or part of a gram of marijuana material containing
13tetrahydrocannabinols
, whether pure or impure, measured when in the dealer's
14possession, $3.50.
AB817, s. 101 15Section 101. 139.88 (1d) of the statutes is amended to read:
AB817,39,1716 139.88 (1d) Per marijuana plant containing tetrahydrocannabinols,
17regardless of weight, counted when in the dealer's possession, $1,000.
AB817, s. 102 18Section 102. 146.0255 (title) of the statutes is amended to read:
AB817,39,20 19146.0255 (title) Testing infants for controlled substances or controlled
20substance analogs
.
AB817, s. 103 21Section 103. 146.0255 (1) of the statutes is renumbered 146.0255 (1) (intro.)
22and amended to read:
AB817,39,2323 146.0255 (1) (title) Definition Definitions. (intro.) In this section , "controlled:
AB817,39,24 24(a) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).
AB817, s. 104 25Section 104. 146.0255 (1) (b) of the statutes is created to read:
AB817,40,2
1146.0255 (1) (b) "Controlled substance analog" has the meaning given in s.
2961.01 (4m).
AB817, s. 105 3Section 105. 146.0255 (2) of the statutes is amended to read:
AB817,40,194 146.0255 (2) Testing. Any hospital employe who provides health care, social
5worker or foster care or treatment foster care intake worker may refer an infant to
6a physician for testing of the infant's bodily fluids for controlled substances or
7controlled substance analogs
if the hospital employe who provides health care, social
8worker or foster care or treatment foster care intake worker suspects that the infant
9has controlled substances or controlled substance analogs in the infant's bodily fluids
10because of the mother's ingestion of controlled substances or controlled substance
11analogs
while she was pregnant with the infant. The physician may test the infant
12to ascertain whether or not the infant has controlled substances or controlled
13substance analogs
in the infant's bodily fluids, if the parent or guardian consents to
14the testing and if the physician determines that there is a serious risk that there are
15controlled substances or controlled substance analogs in the infant's bodily fluids
16because of the mother's ingestion of controlled substances or controlled substance
17analogs
while she was pregnant with the infant. If the results of the test indicate that
18the infant does have controlled substances or controlled substance analogs in the
19infant's bodily fluids, the physician shall make a report under s. 46.238.
AB817, s. 106 20Section 106. Chapter 161 (title) of the statutes is renumbered chapter 961
21(title).
AB817, s. 107 22Section 107. 161.001 (intro.) of the statutes is renumbered 961.001 (intro.).
AB817, s. 108 23Section 108. 161.001 (1) of the statutes is renumbered 961.001 (1r).
AB817, s. 109 24Section 109. 161.001 (2) of the statutes is renumbered 961.001 (2).
AB817, s. 110 25Section 110. 161.001 (3) of the statutes is renumbered 961.001 (3).
AB817, s. 111
1Section 111. Subchapter I (title) of chapter 161 [precedes 161.01] of the
2statutes is renumbered subchapter I (title) of chapter 961 [precedes 961.01].
AB817, s. 112 3Section 112. 161.01 (intro.) of the statutes is renumbered 961.01 (intro.).
AB817, s. 113 4Section 113. 161.01 (1) of the statutes is renumbered 961.01 (1), and 961.01
5(1) (intro.), as renumbered, is amended to read:
AB817,41,96 961.01 (1) (intro.) "Administer", unless the context otherwise requires, means
7the direct application of to apply a controlled substance, whether by injection,
8inhalation, ingestion or any other means, to the body of a patient or research subject
9by:
AB817, s. 114 10Section 114. 161.01 (2) of the statutes is renumbered 961.01 (2) and amended
11to read:
AB817,41,1612 961.01 (2) "Agent", unless the context otherwise requires, means an authorized
13person who acts on behalf of or at the direction of a manufacturer, distributor or
14dispenser. It "Agent" does not include a common or contract carrier, public
15warehouse keeper or employe of the carrier or warehouse keeper while acting in the
16usual and lawful course of the carrier's or warehouse keeper's business
.
AB817, s. 115 17Section 115. 161.01 (3) of the statutes is repealed.
AB817, s. 116 18Section 116. 161.01 (4) of the statutes is renumbered 961.01 (4) and amended
19to read:
AB817,41,2120 961.01 (4) "Controlled substance" means a drug, substance or immediate
21precursor included in schedules I to V of subch. II.
AB817, s. 117 22Section 117. 161.01 (5) of the statutes is renumbered 961.01 (5).
AB817, s. 118 23Section 118. 161.01 (6) of the statutes is renumbered 961.01 (6) and amended
24to read:
AB817,42,4
1961.01 (6) "Deliver" or "delivery" , unless the context otherwise requires, means
2the actual, constructive or attempted transfer from one person to another of a
3controlled substance or controlled substance analog, whether or not there is any
4agency relationship.
AB817, s. 119 5Section 119. 161.01 (7) of the statutes is renumbered 961.01 (7).
AB817, s. 120 6Section 120. 161.01 (8) of the statutes is renumbered 961.01 (8).
AB817, s. 121 7Section 121. 161.01 (9) of the statutes is renumbered 961.01 (9) and amended
8to read:
AB817,42,109 961.01 (9) "Distribute" means to deliver other than by administering or
10dispensing a controlled substance or controlled substance analog.
AB817, s. 122 11Section 122. 161.01 (10) of the statutes is renumbered 961.01 (10).
AB817, s. 123 12Section 123. 161.01 (10m) of the statutes is renumbered 961.01 (10m).
AB817, s. 124 13Section 124. 161.01 (11) of the statutes is renumbered 961.01 (11), and 961.01
14(11) (a), as renumbered, is amended to read:
AB817,42,1515 961.01 (11) (a) "Drug" means any of the following:
AB817,42,1816 1. Substances A substance recognized as drugs a drug in the official United
17States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or
18official National Formulary or any supplement to any of them;.
AB817,42,2019 2. Substances A substance intended for use in the diagnosis, cure, mitigation,
20treatment or prevention of disease in humans or animals; .
AB817,42,2221 3. Substances A substance, other than food, intended to affect the structure or
22any function of the body of humans or animals; and.
AB817,42,2423 4. Substances A substance intended for use as a component of any article
24specified in subd. 1., 2. or 3.
AB817, s. 125 25Section 125. 161.01 (12) of the statutes is renumbered 961.01 (12).
AB817, s. 126
1Section 126. 161.01 (12m) of the statutes is renumbered 961.01 (12m).
AB817, s. 127 2Section 127. 161.01 (13) of the statutes is renumbered 961.01 (13), and 961.01
3(13) (intro.), as renumbered, is amended to read:
AB817,43,134 961.01 (13) (intro.) "Manufacture" means the production, preparation,
5propagation, compounding, conversion or processing of, or
to produce, prepare,
6propagate, compound, convert or process, a controlled substance or controlled
7substance analog
, directly or indirectly, by extraction from substances of natural
8origin, chemical synthesis or a combination of extraction and chemical synthesis,
9and includes including to package or repackage or the packaging or repackaging of
10the substance, or to label or to relabel or the labeling or relabeling of its container.
11"Manufacture" does not include mean to prepare, compound, package, repackage,
12label or relabel or
the preparation, compounding, packaging, repackaging, labeling
13or relabeling of a controlled substance:
AB817, s. 128 14Section 128. 161.01 (14) of the statutes is renumbered 961.01 (14) and
15amended to read:
AB817,43,2416 961.01 (14) "Marijuana" means all parts of the plants of the genus Cannabis,
17whether growing or not; the seeds thereof; the resin extracted from any part of the
18plant; and every compound, manufacture, salt, derivative, mixture or preparation of
19the plant, its seeds or resin, including tetrahydrocannabinols. It "Marijuana" does
20not include the mature stalks if mixed with other parts of the plant, but does not
21include
fiber produced from the stalks, oil or cake made from the seeds of the plant,
22any other compound, manufacture, salt, derivative, mixture or preparation of the
23mature stalks (except the resin extracted therefrom), fiber, oil or cake or the
24sterilized seed of the plant which is incapable of germination.
AB817, s. 129 25Section 129. 161.01 (14m) of the statutes is renumbered 961.01 (14m).
AB817, s. 130
1Section 130. 161.01 (15) (intro.) of the statutes is renumbered 961.01 (15)
2(intro.).
AB817, s. 131 3Section 131. 161.01 (15) (a) of the statutes is renumbered 961.01 (15) (a) and
4amended to read:
AB817,44,95 961.01 (15) (a) Opium and opiate substances derived from opium, and any salt,
6compound, derivative or preparation of opium or opiate substances derived from
7opium, including any of their salts, isomers and salts of isomers that are theoretically
8possible within the specific chemical designation. The term does not include the
9isoquinoline alkaloids of opium
.
AB817, s. 132 10Section 132. 161.01 (15) (b) of the statutes is repealed.
AB817, s. 133 11Section 133. 161.01 (15) (c) of the statutes is renumbered 961.01 (15) (c) and
12amended to read:
AB817,44,1313 961.01 (15) (c) Opium poppy and, poppy straw and concentrate of poppy straw.
AB817, s. 134 14Section 134. 161.01 (16) of the statutes is renumbered 961.01 (16) and
15amended to read:
AB817,44,2316 961.01 (16) "Opiate" means any substance having an addiction-forming or
17addiction-sustaining liability similar to morphine or being capable of conversion
18into a drug having addiction-forming or addiction-sustaining liability. It "Opiate"
19includes opium, substances derived from opium and synthetic opiates. "Opiate"
does
20not include, unless specifically designated scheduled as a controlled substance under
21s. 161.11 961.11, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan
223-methoxy-N-methylmorphinan and its salts (dextromethorphan). It "Opiate" does
23include its the racemic and levorotatory forms of dextromethorphan.
AB817, s. 135 24Section 135. 161.01 (17) of the statutes is renumbered 961.01 (17) and
25amended to read:
AB817,45,2
1961.01 (17) "Opium poppy" means the any plant of the species Papaver
2Somniferum somniferum L., except its seeds.
AB817, s. 136 3Section 136. 161.01 (18) of the statutes is renumbered 961.01 (18).
AB817, s. 137 4Section 137. 161.01 (19) of the statutes is renumbered 961.01 (19), and 961.01
5(19) (a), as renumbered, is amended to read:
AB817,45,106 961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian,
7podiatrist, optometrist, scientific investigator or other person licensed, registered,
8certified or otherwise permitted to distribute, dispense, conduct research with
9respect to or, administer or use in teaching or chemical analysis a controlled
10substance in the course of professional practice or research in this state.
AB817, s. 138 11Section 138. 161.01 (20) of the statutes is renumbered 961.01 (20) and
12amended to read:
AB817,45,1613 961.01 (20) "Production", unless the context otherwise requires, includes the
14manufacture, manufacturing of a controlled substance or controlled substance
15analog and the
planting, cultivation cultivating, growing or harvesting of a plant
16from which
a controlled substance or controlled substance analog is derived.
AB817, s. 139 17Section 139. 161.01 (20g) of the statutes is renumbered 961.01 (20g).
AB817, s. 140 18Section 140. 161.01 (20i) of the statutes is renumbered 961.01 (20i).
AB817, s. 141 19Section 141. 161.01 (20m) of the statutes is renumbered 961.01 (2m), and
20961.01 (2m) (a), as renumbered, is amended to read:
AB817,46,321 961.01 (2m) (a) "Anabolic steroid" means any drug or hormonal substance,
22chemically or pharmacologically related to testosterone (except estrogens, progestin,
23and corticosteroids), that promotes muscle growth. The term includes all of the
24substances listed included in s. 161.18 961.18 (7), and any of their esters, isomers,
25esters of isomers, salts and salts of esters, isomers and esters of isomers, that are

1theoretically possible under within the specific chemical designation, and if such
2esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of
3isomers promote muscle growth.
AB817, s. 142 4Section 142. 161.01 (21) of the statutes is renumbered 961.01 (21) and
5amended to read:
AB817,46,106 961.01 (21) "Ultimate user" means a person an individual who lawfully
7possesses a controlled substance for that person's individual's own use or for the use
8of a member of that person's individual's household or for administering to an animal
9owned by that person individual or by a member of that person's individual's
10household.
AB817, s. 143 11Section 143. 161.01 (22) of the statutes is renumbered 961.01 (22).
AB817, s. 144 12Section 144. Subchapter II (title) of chapter 161 [precedes 161.11] of the
13statutes is renumbered subchapter II (title) of chapter 961 [precedes 961.11].
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