Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB904

Introduced
1/23/26  
Refer
1/23/26  

Caption

An Act to renumber and amend 961.443 (2); to amend 961.443 (2) (title); to create 961.443 (2) (b) of the statutes; Relating to: immunity for certain controlled substances offenses for aiders and aided persons.

Impact

The permanent restoration of these expanded immunities significantly alters the state's approach to handling substance abuse cases. By granting legal protections to those who seek help during a drug-related overdose, the bill promotes a more compassionate response to drug emergencies. This legislative change could lead to an increased likelihood of individuals calling for assistance without fear of legal consequences, potentially saving lives during critical situations.

Summary

Assembly Bill 904 aims to restore and make permanent the expanded immunities provided under the 2017 Wisconsin Act 33. The bill specifically addresses individuals who provide emergency assistance, known as 'aiders', and the individuals they assist, termed 'aided persons', in cases related to overdoses or adverse reactions from controlled substances. It ensures that an aider cannot face prosecution for possessing certain controlled substances if they are seeking help for someone in need. Likewise, the aided persons are protected from losing their parole, probation, or extended supervision under similar circumstances.

Contention

Notably, the implementation of AB904 may attract both support and opposition from different stakeholders. Proponents are likely to argue that the bill fosters a public health approach to drug use by encouraging individuals to seek help for themselves and others, thus reducing the stigma around addiction. On the contrary, critics may express concerns regarding the possible abuse of these immunities or question the efficiency of relying on such measures without addressing the root causes of substance abuse.

Companion Bills

WI SB889

Crossfiled Immunity for certain controlled substances offenses for aiders and aided persons.

Previously Filed As

WI SB889

Immunity for certain controlled substances offenses for aiders and aided persons.

WI H3388

Drug offense classifications

WI HB252

An Act To Amend Title 16 Of The Delaware Code Relating To Controlled Substances And Counterfeit Controlled Substances.

WI H6026

Amends the uniform controlled substances act and reclassifies simple possession of 28 grams or less of certain controlled substances as a misdemeanor.

WI SB262

An Act To Amend Title 16 Of The Delaware Code Relating To The Uniform Controlled Substances Act.

WI SB430

Adding mitragynine to schedule I of the uniform controlled substances act and reconciling multiple amendments to certain statutes in the Kansas criminal code.

WI HB2828

Adds certain psychoactive substances to the list of Schedule I controlled substances and modifies the offenses of possession of a controlled substance and delivery of a controlled substance

WI LB795

Designate bromazolam as a controlled substance under the Uniform Controlled Substances Act, correct the spelling of certain controlled substances, and enhance penalties for certain controlled substance offenses involving fentanyl

WI H4641

Kratom

WI SB0120

AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses involving controlled substances.

Similar Bills

CA AB1612

Disposition of controlled substances.

MA H2227

Replacing archaic and stigmatizing language for substance use

US HB830

SAFE Act Save Americans from the Fentanyl Emergency Act

MI HB4948

Controlled substances: other; sentencing guidelines for retail sale of products containing ephedrine or pseudoephedrine; modify. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4947'25

NJ S829

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1617

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1203

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.

NJ S2271

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.