AB406: Bill Text

PJH:eev:ev

2013 - 2014 LEGISLATURE

2013 Assembly BILL 406

October 4, 2013 - Introduced by Representatives Bies, Bewley, Milroy, Ballweg, Berceau, Bernier, Brooks, Czaja, Goyke, Jacque, Knudson, Kolste, T. Larson, Ohnstad, A. Ott, Ringhand, Spiros, Tittl, Wachs and Bernard Schaber, cosponsored by Senators Harsdorf, Jauch, Kedzie, Gudex and Lassa. Referred to Committee on Criminal Justice.

AB406,2,2 An Act to repeal 941.318, 961.14 (4) (te), (th), (tL), (tp), (tr), (tu) and (ty) and 961.14 (7) (m) and (n); to amend 59.54 (25g), 66.0107 (1) (bn), 961.14 (4) (intro.), 961.14 (7) (intro.), 961.41 (1) (e) (intro.), 961.41 (1) (hm) (intro.), 961.41 (1m) (e) (intro.), 961.41 (1m) (hm) (intro.), 961.41 (1r), 961.41 (3g) (d) and 961.41 (3g) (em); to repeal and recreate 961.14 (4) (tb) and 961.14 (7) (L); and to create 961.14 (4) (sm), 961.14 (4) (uv), 961.14 (4) (wa), 961.14 (4) (wb), 961.14 (4) (wk), 961.14 (4) (wL), 961.14 (4) (wm), 961.14 (4) (wn), 961.14 (4) (wo), 961.14 (4) (wp), 961.14 (4) (wq), 961.14 (4) (wr), 961.14 (4) (ws), 961.14 (4) (wv), 961.14 (4) (ww), 961.14 (4) (wx), 961.14 (4) (wy), 961.14 (4) (wz), 961.14 (4) (xa), 961.14 (4) (xb), 961.14 (7) (mk), 961.14 (7) (mL), 961.14 (7) (mm), 961.14 (7) (mn), 961.16 (3) (tb), 961.16 (3) (zt), 961.16 (8) (b), 961.18 (7) (am), 961.18 (7) (az), 961.18 (7) (em), 961.20 (2) (ax), 961.20 (2) (q), 961.20 (4) (d), 961.22 (4), 961.22 (5), 961.41 (1) (em) and 961.41 (1m) (em) of the statutes; relating to: controlled substances, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, controlled substances are classified in one of five separate schedules. The classification is based on: 1) whether there is a currently accepted medical use for the drug; 2) the drug's potential for being abused; and 3) the nature of the psychological or physical dependence that the drug use may produce.

Schedule I controlled substances are those that have a high potential for abuse and no currently accepted medical use. Schedule V controlled substances are those that have an accepted medical use and that have a lower potential for abuse and produce less dependence when compared with other controlled substances. Penalties for crimes relating to Schedule I controlled substances are generally the most severe, and for Schedule V controlled substances are generally the least severe.

Under current law, eight synthetic cannabinoids and two stimulant substances commonly known as "bath salts" are classified as Schedule I controlled substances. Current law also penalizes the possession, manufacture, delivery, or distribution of the analogs of these substances. Current law defines a controlled substance analog as a substance that has a chemical structure substantially similar to the chemical structure of a controlled substance in Schedule I or II, and that has a similar effect on the user of the substance as the controlled substance.

Current law also penalizes the manufacture, distribution, or delivery of Salvinorin A, a psychotropic ingredient in the plant Salvia divinorum, but does not classify that substance as a controlled substance.

Under this bill, the concept of an analog of a synthetic cannabinoid or of a bath salt stimulant is replaced with a description of the chemical structure of the prohibited or restricted substance. The bill controls synthetic cannabinoids, certain other designer drugs, and certain substances known as bath salts as part of distinct structural classes. Under the bill, any substance, listed or not, that conforms to the structural definition is controlled by the particular structural class. The bill adds several new hallucinogenic and stimulant substances to Schedule I, and includes Salvinorin A in the list of Schedule I controlled substances.

The bill also adds several new Schedule II, III, IV, and V controlled substances by including in those schedules a description of the chemical structure of those substances.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB406,1 Section 1. 59.54 (25g) of the statutes is amended to read:

AB406,3,8 59.54 (25g) Possession of a synthetic cannabinoid. The board may enact and enforce an ordinance to prohibit the possession of any controlled substance specified in s. 961.14 (4) (tb) to (ty), and provide a forfeiture for a violation of the ordinance, except that any person who is charged with possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a conviction for possession of a controlled substance in this state shall not be prosecuted under this subsection. Any ordinance enacted under this subsection applies in every municipality within the county.

AB406,2 Section 2. 66.0107 (1) (bn) of the statutes is amended to read:

AB406,3,15 66.0107 (1) (bn) Enact and enforce an ordinance to prohibit the possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) and provide a forfeiture for a violation of the ordinance, except that any person who is charged with possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a conviction for possession of a controlled substance in this state shall not be prosecuted under this paragraph.

AB406,3 Section 3. 941.318 of the statutes is repealed.

AB406,4 Section 4. 961.14 (4) (intro.) of the statutes is amended to read:

AB406,4,2 961.14 (4) Hallucinogenic substances. (intro.) Any material, compound, mixture or preparation which contains any quantity of any of the following hallucinogenic substances, including any of their salts, isomers, precursors, analogs, esters, ethers, and salts of isomers, esters, or ethers that are theoretically possible within the specific chemical designation, in any form contained in a plant, obtained from a plant, or chemically synthesized:

AB406,5 Section 5. 961.14 (4) (sm) of the statutes is created to read:

AB406,4,4 961.14 (4) (sm) Salvinorin A;

AB406,6 Section 6. 961.14 (4) (tb) of the statutes is repealed and recreated to read:

AB406,4,6 961.14 (4) (tb) Synthetic cannabinoids, including:

AB406,4,14 1. Any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Substances specified under this subdivision include:

AB406,4,16 a. 1-pentyl-2-methyl-3-(1-naphthoyl)indole, commonly known as JWH-007;

AB406,4,18 b. 1-propyl-2-methyl-3-(1-naphthoyl)indole, commonly known as JWH-015;

AB406,4,20 c. 1-pentyl-3-(1-naphthoyl)indole, commonly known as JWH-018 or AM-678;

AB406,4,21 d. 1-hexyl-3-(1-naphthoyl)indole, commonly known as JWH-019;

AB406,4,22 e. 1-butyl-3-(1-naphthoyl)indole, commonly known as JWH-073;

AB406,4,24 f. 1-pentyl-3-(4-methoxy-1-naphthoyl)indole, commonly known as JWH-081;

AB406,5,2 g. 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole, commonly known as JWH-098;

AB406,5,4 h. 1-pentyl-3-(4-methyl-1-naphthoyl)indole, commonly known as JWH-122;

AB406,5,6 i. 1-pentyl-3-(7-methoxy-1-naphthoyl)indole, commonly known as JWH-164;

AB406,5,8 j. 1-[2-(4-(morpholinyl)ethyl)]-3-(1-naphthoyl)indole, commonly known as JWH-200;

AB406,5,9 k. 1-pentyl-3-(4-ethyl-1-naphthoyl)indole, commonly known as JWH-210;

AB406,5,10 L. 1-pentyl-3-(4-chloro-1-naphthoyl)indole, commonly known as JWH-398;

AB406,5,11 m. 1-pentyl-3-(4-fluoro-1-naphthoyl)indole, commonly known as JWH-412;

AB406,5,13 n. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-naphthoyl)indole, commonly known as AM-1220;

AB406,5,14 o. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole, commonly known as AM-2201;

AB406,5,16 p. 1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole, commonly known as MAM-2201;

AB406,5,18 q. 1-(5-chloropentyl)-3-(1-naphthoyl)indole, commonly known as AM-2201 (5-chloropentyl);

AB406,5,20 r. 1-(5-bromopentyl)-3-(1-naphthoyl)indole, commonly known as AM-2201 (5-bromopentyl);

AB406,5,21 s. 1-(4-cyanobutyl)-3-(1-naphthoyl)indole, commonly known as AM-2232;

AB406,5,24 t. (R)-(+)-[2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-b enzoxazin-6-yl]-1-naphthalenyl-methanone, commonly known as WIN 55,212-2;

AB406,6,8 2. Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Substances specified under this subdivision include:

AB406,6,10 a. 1-pentyl-5-(2-fluorophenyl)-3-(1-naphthoyl)pyrrole, commonly known as JWH-307;

AB406,6,12 b. 1-pentyl-5-(2-methylphenyl)-3-(1-naphthoyl)pyrrole, commonly known as JWH-370;

AB406,6,13 c. 1-pentyl-3-(1-naphthoyl)pyrrole, commonly known as JWH-030;

AB406,6,14 d. 1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole, commonly known as JWH-147;

AB406,6,23 3. Any compound structurally derived from 3-naphthylmethylindene by substitution at the 1-position of the indene ring by alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. Substances specified under this subdivision include 1-pentyl-3-(1-naphthylmethyl)indene, commonly known as JWH-176;

AB406,7,6 4. Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Substances specified under this subdivision include:

AB406,7,8 a. 1-pentyl-3-(4-methoxyphenylacetyl)indole, commonly known as JWH-201;

AB406,7,10 b. 1-pentyl-3-(3-methoxyphenylacetyl)indole, commonly known as JWH-302;

AB406,7,12 c. 1-pentyl-3-(2-methoxyphenylacetyl)indole, commonly known as JWH-250;

AB406,7,13 d. 1-pentyl-3-(2-chlorophenylacetyl)indole, commonly known as JWH-203;

AB406,7,14 e. 1-pentyl-3-(3-chlorophenylacetyl)indole, or 3-chloro isomer of JWH-203;

AB406,7,15 f. 1-pentyl-3-(4-chlorophenylacetyl)indole, or 4-chloro isomer of JWH-203;

AB406,7,16 g. 1-pentyl-3-(2-methylphenylacetyl)indole, commonly known as JWH-251;

AB406,7,18 h. 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole, commonly known as RCS-8;

AB406,7,20 i. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-methoxyphenylacetyl)indole, commonly known as cannabipiperidiethanone;

AB406,8,2 5. Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not substituted in the cyclohexyl ring to any extent. Substances specified under this subdivision include:

AB406,8,4 a. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol, commonly known as CP 47,497;

AB406,8,6 b. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol, commonly known as CP 47,497 C8 homologue, or cannabicyclohexanol;

AB406,8,14 6. Any compound structurally derived from 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Substances specified under this subdivision include:

AB406,8,15 a. 1-pentyl-3-(2-iodobenzoyl)indole, commonly known as AM-679;

AB406,8,16 b. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole, commonly known as AM-694;

AB406,8,17 c. 1-pentyl-3-(4-methoxybenzoyl)indole, commonly known as RCS-4;

AB406,8,19 d. 1-butyl-3-(4-methoxybenzoyl)indole, commonly known as RCS-4-C4 homologue;

AB406,8,21 e. 1-pentyl-3-(2-methoxybenzoyl)indole, commonly known as RCS-4 2-methoxy isomer;

AB406,8,23 f. 1-butyl-3-(2-methoxybenzoyl)indole, a C4 homologue, 2-methoxy isomer of RCS-4;

AB406,8,25 g. 1-[2-(4-(morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole, commonly known as pravadoline, or WIN 48,098;

AB406,9,3 h. 1-[2-(4-(morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)-6-iodo-indole, commonly known as 6-iodopravadoline, or AM-630;

AB406,9,5 i. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-iodo-5-nitrobenzoyl)indole, commonly known as AM-1241;

AB406,9,7 j. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-iodobenzoyl)indole, commonly known as AM-2233;

AB406,9,15 7. Any compound structurally derived from 3-adamantoylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the adamantyl ring to any extent. Substances specified under this subdivision include:

AB406,9,17 a. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-adamantoyl)indole, commonly known as AM-1248;