LRB-1507/1
CMH:kjf
2017 - 2018 LEGISLATURE
June 27, 2017 - Introduced by Representatives Jarchow, Goyke, Brostoff,
Bernier, Kitchens, Kooyenga, Schraa, Tittl, Anderson, Berceau, Bowen,
Considine, Crowley, Hintz, Kessler, Kolste, Mason, Sargent, Spreitzer,
Subeck, C. Taylor and Zepnick, cosponsored by Senators Risser, L. Taylor,
Hansen, Johnson and Miller. Referred to Committee on Criminal Justice
and Public Safety.
AB409,1,3 1An Act to renumber and amend 961.41 (3g) (e); and to amend 59.54 (25) (a)
2(intro.) and 66.0107 (1) (bm) of the statutes; relating to: possession of not more
3than 10 grams of marijuana.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing or attempting to possess
marijuana. A person who is convicted of violating the prohibition may be fined not
more than $1,000 or imprisoned for not more than six months, or both, for a first
conviction and is guilty of a Class I felony for a second or subsequent conviction. This
bill reduces to a $100 forfeiture the penalty for possessing or attempting to possess
not more than 10 grams of marijuana and eliminates the increase in penalty if second
or subsequent violations involve not more than 10 grams of marijuana.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB409,1 4Section 1. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB409,2,65 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
6the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
7s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except

1that if a complaint is issued regarding an allegation of possession of more than 25
2grams of marijuana, or possession of any amount more than 10 grams of marijuana
3following a conviction in this state for possession of more than 10 grams of
4marijuana, the subject of the complaint may not be prosecuted under this subsection
5for the same action that is the subject of the complaint unless all of the following
6occur:
AB409,2 7Section 2. 66.0107 (1) (bm) of the statutes is amended to read:
AB409,2,168 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
9marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
10(intro.), and provide a forfeiture for a violation of the ordinance; except that if a
11complaint is issued regarding an allegation of possession of more than 25 grams of
12marijuana, or possession of any amount more than 10 grams of marijuana following
13a conviction in this state for possession of more than 10 grams of marijuana, the
14subject of the complaint may not be prosecuted under this paragraph for the same
15action that is the subject of the complaint unless the charges are dismissed or the
16district attorney declines to prosecute the case.
AB409,3 17Section 3. 961.41 (3g) (e) of the statutes is renumbered 961.41 (3g) (e) 1. and
18amended to read:
AB409,2,2219 961.41 (3g) (e) 1. If a person possesses or attempts to possess not more than
2010 grams of
tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
21substance analog of tetrahydrocannabinols, the person may be subject to a forfeiture
22of not more than $100.
AB409,3,8 232. If a person possesses or attempts to possess more than 10 grams of
24tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance
25analog of tetrahydrocannabinols, the person may be
fined not more than $1,000 or

1imprisoned for not more than 6 months or both upon a first conviction and is guilty
2of a Class I felony for a 2nd or subsequent offense conviction under this subdivision.
3For purposes of this paragraph, an offense subdivision, a conviction is considered a
42nd or subsequent offense conviction if, prior to the offender's conviction of the
5offense
, the offender has at any time been convicted of any felony or misdemeanor
6under this chapter or under any statute of the United States or of any state relating
7to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
8or depressant, stimulant, or hallucinogenic drugs.
AB409,4 9Section 4. Initial applicability.
AB409,3,1310 (1) The treatment of section 961.41 (3g) (e) of the statutes first applies to
11violations committed on the effective date of this subsection, but no prior conviction
12under section 961.41 (3g) (e) of the statutes involving not more than 10 grams of
13tetrahydrocannabinols may be counted for the purposes of sentencing a person.
AB409,3,1414 (End)
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