AB43,3341 11Section 3341 . 961.47 (1) of the statutes is amended to read:
AB43,1722,212 961.47 (1) Whenever any person who has not previously been convicted of any
13offense under this chapter, or of any offense under any statute of the United States
14or of any state or of any county ordinance relating to controlled substances or
15controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
16or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
17possession of a controlled substance or controlled substance analog under s. 961.41
18(3g) (b), the court, without entering a judgment of guilt and with the consent of the
19accused, may defer further proceedings and place him or her on probation upon terms
20and conditions. Upon violation of a term or condition, the court may enter an
21adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
22terms and conditions, the court shall discharge the person and dismiss the
23proceedings against him or her. Discharge and dismissal under this section shall be
24without adjudication of guilt and is not a conviction for purposes of disqualifications
25or disabilities imposed by law upon conviction of a crime, including the additional

1penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
2only one discharge and dismissal under this section with respect to any person.
AB43,3342 3Section 3342 . 961.472 (5) (b) of the statutes is amended to read:
AB43,1722,64 961.472 (5) (b) The person is participating in a an evidence-based substance
5abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
6as determined by the department of justice under s. 165.95 (9) and (10).
AB43,3343 7Section 3343 . 961.48 (3) of the statutes is amended to read:
AB43,1722,138 961.48 (3) For purposes of this section, a felony offense under this chapter is
9considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted of any felony or misdemeanor
11offense under this chapter or under any statute of the United States or of any state
12relating to controlled substances or controlled substance analogs, narcotic drugs,
13marijuana or depressant, stimulant, or hallucinogenic drugs.
AB43,3344 14Section 3344 . 961.48 (5) of the statutes is amended to read:
AB43,1722,1615 961.48 (5) This section does not apply if the person is presently charged with
16a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB43,3345 17Section 3345 . 961.49 (1m) (intro.) of the statutes is amended to read:
AB43,1723,218 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
19or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
20(f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
21base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
22psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any
23form of tetrahydrocannabinols
or a controlled substance analog of any of these
24substances and the delivery, distribution or possession takes place under any of the

1following circumstances, the maximum term of imprisonment prescribed by law for
2that crime may be increased by 5 years:
AB43,3346 3Section 3346 . 961.571 (1) (a) 7. of the statutes is repealed.
AB43,3347 4Section 3347 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB43,1723,75 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
6for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
7or hashish oil into the human body, such as:
AB43,3348 8Section 3348 . 961.571 (1) (a) 11. e. of the statutes is repealed.
AB43,3349 9Section 3349 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB43,3350 10Section 3350 . 961.573 (2) of the statutes is amended to read:
AB43,1723,1211 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
12is subject to a disposition under s. 938.344 (2e).
AB43,3351 13Section 3351 . 961.574 (2) of the statutes is amended to read:
AB43,1723,1514 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
15is subject to a disposition under s. 938.344 (2e).
AB43,3352 16Section 3352 . 961.575 (1) of the statutes is amended to read:
AB43,1723,2017 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
18by delivering drug paraphernalia to a person 17 years of age or under minor who is
19at least 3 years younger than the violator may be fined not more than $10,000 or
20imprisoned for not more than 9 months or both.
AB43,3353 21Section 3353 . 961.575 (2) of the statutes is amended to read:
AB43,1723,2322 961.575 (2) Any person minor who violates this section who is under 17 years
23of age
is subject to a disposition under s. 938.344 (2e).
AB43,3354 24Section 3354 . 961.575 (3) of the statutes is amended to read:
AB43,1724,3
1961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
2by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
3of a Class G felony.
AB43,3355 4Section 3355 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
5is created to read:
AB43,1724,66 Chapter 961
AB43,1724,77 Subchapter VIII
AB43,1724,88 regulation of Marijuana