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:
AB43,1724,77
Subchapter VIII
AB43,1724,88
regulation of Marijuana