Certain controlled substances and providing a penalty

This bill identifies several nonnarcotic, hallucinogenic substances that are commonly known as "synthetic cannabinoids" and classifies those substances as Schedule I controlled substances. The bill also identifies two stimulant substances and classifies those as Schedule I controlled substances.

Under the bill, a person who possesses a synthetic cannabinoid may, for a first offense, be fined up to $1,000, imprisoned for up to six months, or both. For a second or subsequent offense, the person is guilty of a Class I felony and may be fined up to $10,000, imprisoned for up to three years and six months, or both. A person who manufactures, distributes, or delivers a synthetic cannabinoid, or who possesses a synthetic cannabinoid with the intent to manufacture, distribute, or deliver it, is guilty of a Class H felony and subject to a fine up to $10,000, imprisonment for up to six years, or both. The bill also enables a town, city, village, or county to pass an ordinance that provides a forfeiture for a first violation of possession of a synthetic cannabinoid.

Under the bill, a person who possesses either of the stimulant substances may, for a first offense, be fined up to $5,000, imprisoned for up to one year, or both. For a second or subsequent offense, the person is guilty of a Class I felony and may be fined up to $10,000, imprisoned for up to three years and six months, or both. A person who manufactures, distributes, or delivers either of the stimulant substances, or who possesses either of the stimulant substances with the intent to manufacture, distribute, or deliver it, is guilty of a felony, the classification of which depends on the amount of the controlled substance involved in the offense.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.