SB377,221
23Section 221
. 940.25 (2) (a) of the statutes is amended to read:
SB377,107,524
940.25
(2) (a) The defendant has a defense if he or she proves by a
25preponderance of the evidence that the great bodily harm would have occurred even
1if he or she had been exercising due care and he or she had not been under the
2influence of an intoxicant, did not have a detectable amount of a restricted controlled
3substance in his or her blood,
did not have a tetrahydrocannabinols concentration of
45.0 or greater, or did not have an alcohol concentration described under sub. (1) (b),
5(bm), (d) or (e).
SB377,222
6Section 222
. 940.25 (2) (b) of the statutes is amended to read:
SB377,107,137
940.25
(2) (b) In any action under this section that is based on the defendant
8allegedly having a detectable amount of methamphetamine
, or 9gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
13acid
, or delta-9-tetrahydrocannabinol.
SB377,223
14Section 223
. 940.25 (2) (c) of the statutes is created to read:
SB377,107,1915
940.25
(2) (c) In any action under this section that is based on the defendant
16allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the
17defendant has a defense if he or she proves by a preponderance of the evidence that
18at the time of the incident or occurrence he or she had a valid prescription for
19tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,224
20Section 224
. 941.20 (1) (bg) of the statutes is created to read:
SB377,108,221
941.20
(1) (bg) Operates or goes armed with a firearm while he or she has a
22tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
23defense to any action under this paragraph if he or she proves by a preponderance
24of the evidence that at the time of the incident or occurrence he or she had a valid
1prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
2defined in s. 50.80 (6).
SB377,225
3Section 225
. 941.20 (1) (bm) of the statutes is amended to read:
SB377,108,124
941.20
(1) (bm) Operates or goes armed with a firearm while he or she has a
5detectable amount of a restricted controlled substance in his or her blood. A
6defendant has a defense to any action under this paragraph that is based on the
7defendant allegedly having a detectable amount of methamphetamine
, or 8gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
9if he or she proves by a preponderance of the evidence that at the time of the incident
10or occurrence he or she had a valid prescription for methamphetamine or one of its
11metabolic precursors
, or gamma-hydroxybutyric acid
, or
12delta-9-tetrahydrocannabinol.
SB377,226
13Section 226
. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
14to read:
SB377,108,2415
961.70
(3) “Marijuana" means all parts of the plants of the genus Cannabis,
16whether growing or not
, with a tetrahydrocannabinols concentration that is greater
17than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from
18any part of the plant; and every compound, manufacture, salt, derivative, mixture
, 19or preparation of the plant, its seeds or resin
, including tetrahydrocannabinols.
20“Marijuana" does include the mature stalks if mixed with other parts of the plant,
21but does not include fiber produced from the stalks, oil or cake made from the seeds
22of the plant, any other compound, manufacture, salt, derivative, mixture
, or
23preparation of the mature stalks (except the resin extracted therefrom), fiber, oil
, or
24cake or the sterilized seed of the plant which is incapable of germination.
SB377,227
25Section 227
. 961.11 (4g) of the statutes is repealed.
SB377,228
1Section
228. 961.14 (4) (t) of the statutes is repealed.
SB377,229
2Section 229
. 961.32 (2m) of the statutes is repealed.
SB377,230
3Section 230
. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
4as renumbered, is amended to read:
SB377,109,5
5961.75 (title)
Controlled substances Marijuana therapeutic research.
SB377,231
6Section 231
. 961.38 (1n) of the statutes is repealed.
SB377,232
7Section 232
. 961.41 (1) (h) of the statutes is repealed.
SB377,233
8Section 233
. 961.41 (1m) (h) of the statutes is repealed.
SB377,234
9Section 234
. 961.41 (1q) of the statutes is repealed.
SB377,235
10Section 235
. 961.41 (1r) of the statutes is amended to read:
SB377,109,2011
961.41
(1r) Determining weight of substance. In determining amounts under
12s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
13of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
14psilocybin, amphetamine, methamphetamine,
tetrahydrocannabinols, synthetic
15cannabinoids, or substituted cathinones, or any controlled substance analog of any
16of these substances together with any compound, mixture, diluent, plant material
17or other substance mixed or combined with the controlled substance or controlled
18substance analog.
In addition, in determining amounts under subs. (1) (h) and (1m)
19(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
20(4) (t) and includes the weight of any marijuana.
SB377,236
21Section 236
. 961.41 (3g) (c) of the statutes is amended to read:
SB377,110,622
961.41
(3g) (c)
Cocaine and cocaine base. If a person possesses or attempts to
23possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
24base, the person shall be fined not more than $5,000 and may be imprisoned for not
25more than one year in the county jail upon a first conviction and is guilty of a Class
1I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
2is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
3offense, the offender has at any time been convicted of any felony or misdemeanor
4under this chapter or under any statute of the United States or of any state relating
5to controlled substances, controlled substance analogs, narcotic drugs,
marijuana, 6or depressant, stimulant, or hallucinogenic drugs.
SB377,237
7Section 237
. 961.41 (3g) (d) of the statutes is amended to read:
SB377,110,248
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
9possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
10amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
11N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
12(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
13lysergic acid diethylamide, phencyclidine, amphetamine,
143,4-methylenedioxymethamphetamine, methcathinone, cathinone,
15N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
16(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
17$5,000 or imprisoned for not more than one year in the county jail or both upon a first
18conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
19purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
20prior to the offender's conviction of the offense, the offender has at any time been
21convicted of any felony or misdemeanor under this chapter or under any statute of
22the United States or of any state relating to controlled substances, controlled
23substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
24hallucinogenic drugs.
SB377,238
25Section 238
. 961.41 (3g) (e) of the statutes is repealed.
SB377,239
1Section
239. 961.41 (3g) (em) of the statutes is amended to read: