2011 WISCONSIN ACT
31
An Act
to amend
961.14 (4) (intro.), 961.14 (4) (x), 961.14 (7) (intro.), 961.41 (1) (e) (intro.), 961.41 (1m) (e) (intro.) and 961.41 (3g) (d); and
to create
59.54 (25g), 66.0107 (1) (bn), 961.14 (4) (tb), 961.14 (4) (te), 961.14 (4) (th), 961.14 (4) (tL), 961.14 (4) (tp), 961.14 (4) (tr), 961.14 (4) (tu), 961.14 (4) (ty), 961.14 (4) (wgm), 961.14 (7) (m), 961.14 (7) (n) and 961.41 (3g) (em) of the statutes;
relating to:
certain controlled substances and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
59.54 (25g) of the statutes is created to read:
59.54
(25g)
Possession of a synthetic cannabinoid.
The board may enact and enforce an ordinance to prohibit the possession of any controlled substance specified in s. 961.14 (4) (tb) to (ty), and provide a forfeiture for a violation of the ordinance, except that any person who is charged with possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a conviction for possession of a controlled substance in this state shall not be prosecuted under this subsection. Any ordinance enacted under this subsection applies in every municipality within the county.
Section
2
.
66.0107 (1) (bn) of the statutes is created to read:
66.0107
(1)
(bn) Enact and enforce an ordinance to prohibit the possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) and provide a forfeiture for a violation of the ordinance, except that any person who is charged with possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a conviction for possession of a controlled substance in this state shall not be prosecuted under this paragraph.
Section
3
.
961.14 (4) (intro.) of the statutes is amended to read:
961.14
(4)
Hallucinogenic substances.
(intro.) Any material, compound, mixture or preparation which contains any quantity of any of the following hallucinogenic substances, including any of their salts, isomers
, precursors, analogs, esters, ethers,
and salts of isomers
, esters, or ethers
that are theoretically possible within the specific chemical designation, in any form
including a substance, salt, isomer or salt of an isomer
contained in a plant, obtained from a plant
,
or chemically synthesized:
Section
4
.
961.14 (4) (tb) of the statutes is created to read:
961.14
(4)
(tb) Cannabicyclohexonal: 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylno-
nan-2-yl)phenol.
Section
5
.
961.14 (4) (te) of the statutes is created to read:
961.14
(4)
(te) CP47,497 and homologues: 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloc-
tan-2-yl)phenol.
Section
6
.
961.14 (4) (th) of the statutes is created to read:
961.14
(4)
(th) HU-210: [(6aR,10aR)-9-(hydroxy-
methyl)-6,6-dimethyl-3-(2-methyloc-
tan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c]chro-
men-1-o1)], also known as
(6aR,10aR)-3-(1,1-dimethylhep-
tyl)-6a,7,10,10a-tetrahydro-1-hydroxy-6,6-
dimethyl-6H-dibenzo[b,d]pyran-9-methanol.
Section
7
.
961.14 (4) (tL) of the statutes is created to read:
961.14
(4)
(tL) JWH-018: 1-pentyl-3-(1-naph-
thoyl)indole, also known as Naphthalen-1-yl-(1-penty-
lindol-3-yl)methanone.
Section
8
.
961.14 (4) (tp) of the statutes is created to read:
961.14
(4)
(tp) JWH-073): 1-butyl-3-(1-naph-
thoyl)indole, also known as Naphthalen-1-yl-(1-buty-
lindol-3-yl)methanone.
Section
9
.
961.14 (4) (tr) of the statutes is created to read:
961.14
(4)
(tr) JWH-081: 1-pen-
tyl-3-(4-methoxy-1-naphthoyl)indole, also known as
4-methoxynaphthalen-1-yl-(1-pentylin-
dol-3-yl)methanone.
Section
10
.
961.14 (4) (tu) of the statutes is created to read:
961.14
(4)
(tu) JWH-200: 1-[2-(4-morpholi-
nyl)ethyl]-3-(1-naphthoyl)indole.
Section
11
.
961.14 (4) (ty) of the statutes is created to read:
961.14
(4)
(ty) JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone.
Section
12
.
961.14 (4) (wgm) of the statutes is created to read:
961.14
(4)
(wgm) 4-iodo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "2C-I".
Section
13
.
961.14 (4) (x) of the statutes is amended to read:
961.14
(4)
(x) 4-methoxyamphetamine
.
, commonly known as "PMA."
Section
14
.
961.14 (7) (intro.) of the statutes is amended to read:
961.14
(7)
Stimulants.
(intro.) Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their
precursors, analogs,
salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
Section
15
.
961.14 (7) (m) of the statutes is created to read:
961.14
(7)
(m) Methylenedioxypyrovalerone, commonly known as "MDPV."
Section
16
.
961.14 (7) (n) of the statutes is created to read:
961.14
(7)
(n) 4-methylmethcathinone, commonly known as "mephedrone" or "4-MMC."
Section
17
.
961.41 (1) (e) (intro.) of the statutes is amended to read:
961.41
(1)
(e)
Phencyclidine, amphetamine, methamphetamine,
and
methcathinone
, methylenedioxypyrovalerone, and 4-methylmethcathinone
.
(intro.) If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine,
or
methcathinone,
methylenedioxypyrovalerone, or 4-methylmethcathinone,
or a controlled substance analog of phencyclidine, amphetamine, methamphetamine,
or
methcathinone,
methylenedioxypyrovalerone, or 4-methylmethcathinone,
and the amount manufactured, distributed, or delivered is:
Section
18
.
961.41 (1m) (e) (intro.) of the statutes is amended to read:
961.41
(1m)
(e)
Phencyclidine, amphetamine, methamphetamine,
and
methcathinone
, methylenedioxypyrovalerone, and 4-methylmethcathinone
.
(intro.) If a person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine,
or
methcathinone,
methylenedioxypyrovalerone, or 4-methylmethcathinone,
or a controlled substance analog of phencyclidine, amphetamine, methamphetamine,
or
methcathinone
, methylenedioxypyrovalerone, or 4-methylmethcathinone
,
and the amount possessed, with intent to manufacture, distribute, or deliver, is:
Section
19
.
961.41 (3g) (d) of the statutes is amended to read:
961.41
(3g)
(d)
Certain hallucinogenic and stimulant drugs.
If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone,
methylenedioxypyrovalerone, 4-methylmethcathinone,
psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone,
methylenedioxypyrovalerone, 4-methylmethcathinone,
psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
Section
20
.
961.41 (3g) (em) of the statutes is created to read:
961.41
(3g)
(em)
Synthetic cannabinoids.
If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb) to (ty), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb) to (ty), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
