AB 1011

Under current law, it is a crime to use, or possess with the intent to use, drug

paraphernalia, which means all equipment, products, and materials that are used,

designed for use, or primarily intended for use in planting, propagating, cultivating,

growing, harvesting, manufacturing, compounding, converting, producing,

processing, preparing, testing, analyzing, packaging, repackaging, storing,

containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into

the human body a controlled substance or controlled substance analog. Under

current law, pill tableting devices, commonly known as pill presses, and pill

encapsulators are not specifically enumerated as drug paraphernalia but meet the

definition of drug paraphernalia nonetheless. Possession of drug paraphernalia is

punishable by a $500 fine or imprisonment for up to 30 days or both.

This bill provides that no person may possess a pill tableting device or a pill

encapsulating device unless any of the following applies:

1. The person is licensed, or is an employee of a person licensed, under ch. 89,

450, or 466, stats., and the possession is in accordance with the person's license or

employment.

2. The person is conducting research or is involved in a program of study at an

institution of higher education and the possession occurs in the course of conducting

research or completing the program of study.

The bill also provides that no person may deliver, possess with intent to deliver,

or manufacture with intent to deliver a pill tableting device or a pill encapsulating

device unless any of the following applies:

1. The recipient of the device is licensed under ch. 89, 450, or 466 or is an

employee of a person licensed under ch. 89, 450, or 466 and receipt of the device is

in accordance with the person's license or employment.

2. The person is conducting research or is involved in a program of study at an

institution of higher education and the possession occurs in the course of conducting

research or completing the program of study.

Under the bill, any prohibited possession or delivery of a pill tableting or pill

encapsulating device is punishable by a fine of up to $10,000 or imprisonment for up

to nine months, or both.

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.