SB70-AA10,338
1Section
338. 961.48 (3) of the statutes is amended to read:
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961.48
(3) For purposes of this section, a felony offense under this chapter is
3considered a 2nd or subsequent offense if, prior to the offender's conviction of the
4offense, the offender has at any time been convicted of any felony or misdemeanor
5offense under this chapter or under any statute of the United States or of any state
6relating to controlled substances or controlled substance analogs, narcotic drugs,
7marijuana or depressant, stimulant
, or hallucinogenic drugs.
SB70-AA10,339
8Section
339. 961.48 (5) of the statutes is amended to read:
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961.48
(5) This section does not apply if the person is presently charged with
10a felony under s. 961.41 (3g) (c), (d),
(e), or (g).
SB70-AA10,340
11Section
340. 961.49 (1m) (intro.) of the statutes is amended to read:
SB70-AA10,192,2012
961.49
(1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
13or (g)
or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
14(f),
or (g)
or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
15base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
16psilocin, psilocybin, amphetamine, methamphetamine,
or methcathinone
or any
17form of tetrahydrocannabinols or a controlled substance analog of any of these
18substances and the delivery, distribution or possession takes place under any of the
19following circumstances, the maximum term of imprisonment prescribed by law for
20that crime may be increased by 5 years:
SB70-AA10,341
21Section
341. 961.571 (1) (a) 7. of the statutes is repealed.
SB70-AA10,342
22Section
342. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
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961.571
(1) (a) 11. (intro.) Objects used, designed for use or primarily intended
24for use in ingesting, inhaling
, or otherwise introducing
marijuana, cocaine, hashish
25or hashish oil into the human body, such as:
SB70-AA10,343
1Section
343. 961.571 (1) (a) 11. e. of the statutes is repealed.
SB70-AA10,344
2Section
344. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
SB70-AA10,345
3Section
345. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
4is created to read:
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Subchapter VIII
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regulation of Marijuana
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8961.70 Definitions. In this subchapter:
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9(1) “Extreme measure to avoid detection” means any of the following:
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(a) A system that aims to alert a person if law enforcement approaches an area
11that contains marijuana plants if the system exceeds a security system that would
12be used by a reasonable person in the person's region.
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(b) A method of intimidating individuals who approach an area that contains
14marijuana plants if the method exceeds a method that would be used by a reasonable
15person in the person's region.
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(c) A system that is designed so that an individual approaching the area that
17contains marijuana plants may be injured or killed by the system.
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18(1m) “Legal age" means 21 years of age, except that in the case of a qualifying
19patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.
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20(3) “Permissible amount" means one of the following:
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(a) For a person who is a resident of Wisconsin, an amount that does not exceed
222 ounces of usable marijuana.
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(b) For a person who is not a resident of Wisconsin, an amount that does not
24exceed one-quarter ounce of usable marijuana.
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25(4) “Permittee" has the meaning given under s. 139.97 (10).
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1(5) “Retail outlet" has the meaning given in s. 139.97 (11).
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2(6) “Tetrahydrocannabinols concentration" means the percent of
3tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or
4per volume or weight of marijuana product, or the combined percent of
5tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
6Cannabis regardless of moisture content.
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7(7) “Underage person" means a person who has not attained the legal age.
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8(8) “Usable marijuana" has the meaning given in s. 139.97 (13).