LRB-3287/1
CMH:klm
2021 - 2022 LEGISLATURE
July 12, 2021 - Introduced by Representatives James, Allen, Brandtjen,
Callahan, Dittrich, Gundrum, Horlacher, Magnafici, Ramthun, Wichgers
and Murphy, cosponsored by Senators Stroebel, Jacque and Wanggaard.
Referred to Committee on Substance Abuse and Prevention.
AB440,1,3 1An Act to create 961.41 (1) (gt), 961.41 (1m) (gt) and 961.41 (3g) (dt) of the
2statutes; relating to: butane extraction of resin from marijuana plants and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from manufacturing, distributing, or delivering,
or possessing with intent to manufacture, distribute, or deliver, marijuana. The
penalties for violating the prohibition range from a Class I felony to a Class E felony,
depending on the amount of marijuana involved. Under this bill, the penalty
increases to a Class E felony, regardless of the amount of marijuana involved, if the
person uses butane extraction in the manufacturing of the marijuana or in
separating the plant resin from a marijuana plant.
Current law also prohibits a person from possessing marijuana. The penalty
for violating the prohibition is a Class A misdemeanor for a first offense and a Class
I felony if the person has previously been convicted of a controlled substances crime.
Under this bill, the penalty for such a repeat offense is greater if the marijuana the
person possesses is resin that has been directly or indirectly separated from a
marijuana plant by butane extraction. The penalties for possession of such resin
vary based on the amount: three grams or less is a Class H felony; more than three
grams but not more than 10 grams is a Class G felony; more than 10 grams but not
more than 50 grams is a Class F felony; and more than 50 grams is a Class E felony.

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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB440,1 1Section 1. 961.41 (1) (gt) of the statutes is created to read:
AB440,2,52 961.41 (1) (gt) Manufacturing by butane extraction. If the person violates this
3subsection by manufacturing marijuana, or by separating plant resin from a
4marijuana plant, either directly or indirectly, by butane or other similar fuel
5extraction, the person is guilty of a Class E felony.
AB440,2 6Section 2. 961.41 (1m) (gt) of the statutes is created to read:
AB440,2,107 961.41 (1m) (gt) Manufacturing by butane extraction. If the person violates
8this subsection by manufacturing marijuana, or by separating plant resin from a
9marijuana plant, either directly or indirectly, by butane or other similar fuel
10extraction, the person is guilty of a Class E felony.
AB440,3 11Section 3. 961.41 (3g) (dt) of the statutes is created to read:
AB440,2,1712 961.41 (3g) (dt) Resin separated through butane extraction. 1. If a person
13possesses or attempts to possess plant resin that has been directly or indirectly
14separated from a marijuana plant by butane or other similar fuel extraction, the
15person may be fined not more than $1,000 or imprisoned for not more than 6 months
16or both upon a first conviction and is guilty of one of the following for a 2nd or
17subsequent offense:
AB440,2,1818 a. If the amount involved is 3 grams or less, a Class H felony.
AB440,2,2019 b. If the amount involved is more than 3 grams but not more than 10 grams,
20a Class G felony.
AB440,3,2
1c. If the amount involved is more than 10 grams but not more than 50 grams,
2a Class F felony.
AB440,3,33 d. If the amount involved is more than 50 grams, a Class E felony.
AB440,3,94 2. For purposes of this paragraph, an offense is considered a 2nd or subsequent
5offense if, prior to the offender's conviction of the offense, the offender has at any time
6been convicted of any felony or misdemeanor under this chapter or under any statute
7of the United States or of any state relating to controlled substances, controlled
8substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
9hallucinogenic drugs.
AB440,3,1010 (End)
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