SB45,3226 Section 3226. 961.48 (5) of the statutes is amended to read:

SB45,1595,5 961.48 (5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).

SB45,3227 Section 3227. 961.49 (1m) (intro.) of the statutes is amended to read:

SB45,1595,15 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

SB45,3228 Section 3228. 961.571 (1) (a) 7. of the statutes is repealed.

SB45,3229 Section 3229. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

SB45,1595,20 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

SB45,3230 Section 3230. 961.571 (1) (a) 11. e. of the statutes is repealed.

SB45,3231 Section 3231. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

SB45,3232 Section 3232. 961.573 (2) of the statutes is amended to read:

SB45,1596,2 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB45,3233 Section 3233. 961.574 (2) of the statutes is amended to read:

SB45,1596,5 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB45,3234 Section 3234. 961.575 (1) of the statutes is amended to read:

SB45,1596,10 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB45,3235 Section 3235. 961.575 (2) of the statutes is amended to read:

SB45,1596,13 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB45,3236 Section 3236. 961.575 (3) of the statutes is amended to read:

SB45,1596,17 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

SB45,3237 Section 3237. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

SB45,1596,20 CHAPTER 961

SB45,1596,21 SUBCHAPTER VIII

SB45,1596,22 REGULATION OF MARIJUANA

SB45,1596,23 961.70 Definitions. In this subchapter:

SB45,1597,1 (1) “Extreme measure to avoid detection” means any of the following:

SB45,1597,4 (a) A system that aims to alert a person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person’s region.

SB45,1597,7 (b) A method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person’s region.

SB45,1597,9 (c) A system that is designed so that an individual approaching an area that contains marijuana plants may be injured or killed by the system.

SB45,1597,11 (1m) “Legal age” means 21 years of age, except that in the case of a qualifying patient, as defined in s. 73.17 (1) (d), “legal age” means 18 years of age.