Unless federal law requires otherwise, the bill prohibits a hospital, physician,
organ procurement organization, or other person from determining the ultimate
recipient of an anatomical gift on the sole basis of a positive test for the use of
marijuana by a potential recipient.
The bill changes state law regarding marijuana. It does not affect federal law,
which generally prohibits persons from manufacturing, delivering, or possessing
marijuana and applies to both intrastate and interstate violations.

This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.
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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB220,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
AB220,2 3Section 2 . 20.115 (7) (ge) of the statutes is created to read:
AB220,8,74 20.115 (7) (ge) Marijuana producers and processors; official logotype. All
5moneys received under s. 94.56 for regulation of activities relating to marijuana
6under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
7the creation of a logotype under s. 100.145.
AB220,3 8Section 3 . 20.435 (1) (gq) of the statutes is created to read:
AB220,9,29 20.435 (1) (gq) Medical marijuana registry program; physician education and
10public awareness campaign; official logotype.
All moneys received under s. 146.44
11for costs relating to the administration of the medical marijuana registry program
12under s. 146.44, for educating physicians about the availability of medical marijuana

1and conducting public awareness campaigns under s. 146.44, and for the creation of
2a logotype under s. 146.46.
AB220,4 3Section 4 . 20.435 (1) (jm) of the statutes is created to read:
AB220,9,64 20.435 (1) (jm) Licensing and support services for compassion centers. All
5moneys received under s. 50.84 to regulate and license compassion centers under
6subch. VI of ch. 50.
AB220,5 7Section 5 . 20.435 (6) (jm) of the statutes is amended to read:
AB220,9,248 20.435 (6) (jm) Licensing and support services. The amounts in the schedule
9for the purposes specified in ss. 48.685 (2) (am) and (b), (3) (a) and (b), and (5) (a),
1048.686 (2) (am), (3) (am) and (bm), and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065
11(2) (am) and (b) 1., (3) (a) and (b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495,
1250.52 (2) (a), 50.57, 50.981, and 146.40 (4r) (b) and (er), and subch. VI VII of ch. 50
13and to conduct health facilities plan and rule development activities, for accrediting
14nursing homes, convalescent homes, and homes for the aged, to conduct capital
15construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), and
16for the costs of inspecting, licensing or certifying, and approving facilities, issuing
17permits, and providing technical assistance, that are not specified under any other
18paragraph in this subsection. All moneys received under ss. 48.685 (8), 48.686 (2)
19(ag), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49
20(2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and 50.981, all moneys received from
21fees for the costs of inspecting, licensing or certifying, and approving facilities,
22issuing permits, and providing technical assistance, that are not specified under any
23other paragraph in this subsection, and all moneys received under s. 50.135 (2) shall
24be credited to this appropriation account.
AB220,6 25Section 6 . 20.566 (1) (bn) of the statutes is created to read:
AB220,10,5
120.566 (1) (bn) Administration and enforcement of marijuana tax and
2regulation.
The amounts in the schedule for the purposes of administering the
3marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
4enforcing the taxing and regulation of marijuana producers, marijuana processors,
5and marijuana retailers under subch. IV of ch. 139.
AB220,7 6Section 7 . 23.33 (1) (jo) 1. of the statutes is amended to read:
AB220,10,87 23.33 (1) (jo) 1. A controlled substance included in schedule I under ch. 961
8other than a tetrahydrocannabinol.
AB220,8 9Section 8 . 23.33 (1) (jo) 5. of the statutes is repealed.
AB220,9 10Section 9 . 23.33 (1) (k) of the statutes is created to read:
AB220,10,1211 23.33 (1) (k) “Tetrahydrocannabinols concentration" means the number of
12nanograms of tetrahydrocannabinols per milliliter of blood.
AB220,10 13Section 10 . 23.33 (4c) (a) 2g. of the statutes is created to read:
AB220,10,1714 23.33 (4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or
15above specified levels.' No person may engage in the operation of an all-terrain
16vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols
17concentration of 5.0 or more.
AB220,11 18Section 11 . 23.33 (4c) (a) 3g. of the statutes is created to read:
AB220,10,2319 23.33 (4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at
20specified levels; below age 21.' If a person has not attained the age of 21, the person
21may not engage in the operation of an all-terrain vehicle or utility terrain vehicle
22while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less
23than 5.0.
AB220,12 24Section 12 . 23.33 (4c) (a) 4. of the statutes is amended to read:
AB220,11,9
123.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
2prosecutor may proceed upon a complaint based upon a violation of any combination
3of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If
4the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the
5offenses shall be joined. If the person is found guilty of any combination of subd. 1.,
62., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be
7a single conviction for purposes of sentencing and for purposes of counting
8convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require
9proof of a fact for conviction which the others do not require.
AB220,13 10Section 13 . 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a.
11and amended to read:
AB220,11,1812 23.33 (4c) (a) 5. a. In an action under subd. 2m. that is based on the defendant
13allegedly having a detectable amount of methamphetamine, or
14gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
15the defendant has a defense if he or she proves by a preponderance of the evidence
16that at the time of the incident or occurrence he or she had a valid prescription for
17methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
18acid, or delta-9-tetrahydrocannabinol.
AB220,14 19Section 14 . 23.33 (4c) (a) 5. b. of the statutes is created to read:
AB220,11,2420 23.33 (4c) (a) 5. b. In an action under subd. 2g. or 3g. that is based on the
21defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
22defendant has a defense if he or she proves by a preponderance of the evidence that
23at the time of the incident or occurrence he or she had a valid prescription for
24tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,15 25Section 15 . 23.33 (4c) (b) 2n. of the statutes is created to read:
AB220,12,4
123.33 (4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols
2concentration at or above specified levels.' No person who has a
3tetrahydrocannabinols concentration of 5.0 or more may cause injury to another
4person by the operation of an all-terrain vehicle or utility terrain vehicle.
AB220,16 5Section 16 . 23.33 (4c) (b) 3. of the statutes is amended to read:
AB220,12,156 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
7prosecutor may proceed upon a complaint based upon a violation of any combination
8of subd. 1., 2., or 2m., or 2n. for acts arising out of the same incident or occurrence.
9If the person is charged with violating any combination of subd. 1., 2., or 2m., or 2n.
10in the complaint, the crimes shall be joined under s. 971.12. If the person is found
11guilty of any combination of subd. 1., 2., or 2m. , or 2n. for acts arising out of the same
12incident or occurrence, there shall be a single conviction for purposes of sentencing
13and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
141., 2., and 2m., and 2n. each require proof of a fact for conviction which the others do
15not require.
AB220,17 16Section 17 . 23.33 (4c) (b) 4. a. of the statutes is amended to read:
AB220,12,2317 23.33 (4c) (b) 4. a. In an action under this paragraph, the defendant has a
18defense if he or she proves by a preponderance of the evidence that the injury would
19have occurred even if he or she had been exercising due care and he or she had not
20been under the influence of an intoxicant, did not have an alcohol concentration of
210.08 or more, or did not have a detectable amount of a restricted controlled substance
22in his or her blood, or did not have a tetrahydrocannabinols concentration of 5.0 or
23more
.
AB220,18 24Section 18 . 23.33 (4c) (b) 4. b. of the statutes is amended to read:
AB220,13,7
123.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant
2allegedly having a detectable amount of methamphetamine, or
3gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
4the defendant has a defense if he or she proves by a preponderance of the evidence
5that at the time of the incident or occurrence he or she had a valid prescription for
6methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
7acid, or delta-9-tetrahydrocannabinol.
AB220,19 8Section 19 . 23.33 (4c) (b) 4. c. of the statutes is created to read:
AB220,13,139 23.33 (4c) (b) 4. c. In an action under subd. 2n. that is based on the defendant
10allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
11has a defense if he or she proves by a preponderance of the evidence that at the time
12of the incident or occurrence he or she had a valid prescription for
13tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,20 14Section 20 . 23.33 (4p) (d) of the statutes is amended to read:
AB220,13,2515 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results
16of a chemical test required or administered under par. (a), (b) or (c) are admissible
17in any civil or criminal action or proceeding arising out of the acts committed by a
18person alleged to have violated the intoxicated operation of an all-terrain vehicle or
19utility terrain vehicle law on the issue of whether the person was under the influence
20of an intoxicant or the issue of whether the person had alcohol concentrations or
21tetrahydrocannabinols concentrations
at or above specified levels or a detectable
22amount of a restricted controlled substance in his or her blood. Results of these
23chemical tests shall be given the effect required under s. 885.235. This subsection
24does not limit the right of a law enforcement officer to obtain evidence by any other
25lawful means.
AB220,21
1Section 21. 23.33 (13) (b) 1. of the statutes is amended to read:
AB220,14,42 23.33 (13) (b) 1. Except as provided under subds. 2. and 3., a person who
3violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) shall forfeit not less than $150 nor
4more than $300.
AB220,22 5Section 22 . 23.33 (13) (b) 2. of the statutes is amended to read:
AB220,14,116 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
7(4c) (a) 1., 2., 2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
8current violation, was convicted previously under the intoxicated operation of an
9all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
10less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
11nor more than 6 months.
AB220,23 12Section 23 . 23.33 (13) (b) 3. of the statutes is amended to read:
AB220,14,1813 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e)
14and who, within 5 years prior to the arrest for the current violation, was convicted
152 or more times previously under the intoxicated operation of an all-terrain vehicle
16or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more
17than $2,000 and shall be imprisoned not less than 30 days nor more than one year
18in the county jail.
AB220,24 19Section 24 . 23.33 (13) (b) 4. of the statutes is amended to read:
AB220,14,2120 23.33 (13) (b) 4. A person who violates sub. (4c) (a) 3. or 3g. or (4p) (e) and who
21has not attained the age of 21 shall forfeit not more than $50.
AB220,25 22Section 25 . 23.33 (13) (e) of the statutes is amended to read:
AB220,15,723 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs,
24tetrahydrocannabinols
; assessment. In addition to any other penalty or order, a
25person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25

1if the violation involves the operation of an all-terrain vehicle or utility terrain
2vehicle, shall be ordered by the court to submit to and comply with an assessment
3by an approved public treatment facility for an examination of the person's use of
4alcohol, controlled substances or controlled substance analogs, or
5tetrahydrocannabinols
. The assessment order shall comply with s. 343.30 (1q) (c) 1.
6a. to c. Intentional failure to comply with an assessment ordered under this
7paragraph constitutes contempt of court, punishable under ch. 785.
AB220,26 8Section 26 . 23.335 (1) (zgm) 1. of the statutes is amended to read:
AB220,15,109 23.335 (1) (zgm) 1. A controlled substance included in schedule I under ch. 961
10other than a tetrahydrocannabinol.
AB220,27 11Section 27 . 23.335 (1) (zgm) 5. of the statutes is repealed.
AB220,28 12Section 28 . 23.335 (1) (zLg) of the statutes is created to read:
AB220,15,1413 23.335 (1) (zLg) “Tetrahydrocannabinols concentration” has the meaning given
14in s. 340.01 (66m).
AB220,29 15Section 29 . 23.335 (12) (a) 2g. of the statutes is created to read:
AB220,15,1816 23.335 (12) (a) 2g. No person may engage in the operation of an off-highway
17motorcycle while the person has a tetrahydrocannabinols concentration of 5.0 or
18more.
AB220,30 19Section 30 . 23.335 (12) (a) 3m. of the statutes is created to read:
AB220,15,2220 23.335 (12) (a) 3m. If a person has not attained the age of 21, the person may
21not engage in the operation of an off-highway motorcycle while he or she has a
22tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.
AB220,31 23Section 31 . 23.335 (12) (a) 4. of the statutes is amended to read:
AB220,16,724 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed
25upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m.

1for acts arising out of the same incident or occurrence. If the person is charged with
2violating any combination of subd. 1., 2., 2g., or 2m., the offenses shall be joined. If
3the person is found guilty of any combination of subd. 1., 2., 2g., or 2m. for acts arising
4out of the same incident or occurrence, there shall be a single conviction for purposes
5of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3.
6Subdivisions 1., 2., 2g., and 2m. each require proof of a fact for conviction which the
7others do not require.
AB220,32 8Section 32 . 23.335 (12) (a) 5. of the statutes is renumbered 23.335 (12) (a) 5.
9a. and amended to read:
AB220,16,1610 23.335 (12) (a) 5. a. In an action under subd. 2m. that is based on the defendant
11allegedly having a detectable amount of methamphetamine, or
12gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
13the defendant has a defense if he or she proves by a preponderance of the evidence
14that at the time of the incident or occurrence he or she had a valid prescription for
15methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
16acid, or delta-9-tetrahydrocannabinol.
AB220,33 17Section 33 . 23.335 (12) (a) 5. b. of the statutes is created to read:
AB220,16,2218 23.335 (12) (a) 5. b. In an action under subd. 2g. or 3m. that is based on the
19defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
20defendant has a defense if he or she proves by a preponderance of the evidence that
21at the time of the incident or occurrence he or she had a valid prescription for
22tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,34 23Section 34 . 23.335 (12) (b) 2g. of the statutes is created to read:
AB220,17,3
123.335 (12) (b) 2g. No person who has a tetrahydrocannabinols concentration
2of 5.0 or more may cause injury to another person by the operation of an off-highway
3motorcycle.
AB220,35 4Section 35 . 23.335 (12) (b) 3. of the statutes is amended to read:
AB220,17,135 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed
6upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m.
7for acts arising out of the same incident or occurrence. If the person is charged with
8violating any combination of subd. 1., 2., 2g., or 2m. in the complaint, the crimes shall
9be joined under s. 971.12. If the person is found guilty of any combination of subd.
101., 2., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall
11be a single conviction for purposes of sentencing and for purposes of counting
12convictions under sub. (23) (c) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require
13proof of a fact for conviction which the others do not require.
AB220,36 14Section 36 . 23.335 (12) (b) 4. of the statutes is amended to read:
AB220,17,2115 23.335 (12) (b) 4. In an action under this paragraph, the defendant has a
16defense if he or she proves by a preponderance of the evidence that the injury would
17have occurred even if he or she had been exercising due care and even if he or she had
18not been under the influence of an intoxicant to a degree which rendered him or her
19incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or
20did not have a detectable amount of a restricted controlled substance in his or her
21blood, or did not have a tetrahydrocannabinols concentration of 5.0 or more.
AB220,37 22Section 37 . 23.335 (12) (b) 5. of the statutes is renumbered 23.335 (12) (b) 5.
23a. and amended to read:
AB220,18,524 23.335 (12) (b) 5. a. In an action under subd. 2m. that is based on the defendant
25allegedly having a detectable amount of methamphetamine, or

1gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
2the defendant has a defense if he or she proves by a preponderance of the evidence
3that at the time of the incident or occurrence he or she had a valid prescription for
4methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
5acid, or delta-9-tetrahydrocannabinol.
AB220,38 6Section 38 . 23.335 (12) (b) 5. b. of the statutes is created to read:
AB220,18,117 23.335 (12) (b) 5. b. In an action under subd. 2g. that is based on the defendant
8allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
9has a defense if he or she proves by a preponderance of the evidence that at the time
10of the incident or occurrence he or she had a valid prescription for
11tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,39 12Section 39 . 23.335 (12) (i) of the statutes is amended to read:
AB220,18,2213 23.335 (12) (i) Chemical tests; effect of test results. The results of a chemical
14test required or administered under par. (f) or (g) are admissible in any civil or
15criminal action or proceeding arising out of the acts committed by a person alleged
16to have violated the intoxicated operation of an off-highway motorcycle law on the
17issue of whether the person was under the influence of an intoxicant or the issue of
18whether the person had alcohol concentrations or tetrahydrocannabinols
19concentrations
at or above specified levels or a detectable amount of a restricted
20controlled substance in his or her blood. Results of these chemical tests shall be given
21the effect required under s. 885.235. Paragraphs (f) to (h) do not limit the right of
22a law enforcement officer to obtain evidence by any other lawful means.
AB220,40 23Section 40 . 23.335 (23) (c) 1. of the statutes is amended to read:
AB220,19,3
123.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4., a person who
2violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) shall forfeit not less than $150 nor more
3than $300.
AB220,41 4Section 41 . 23.335 (23) (c) 2. of the statutes is amended to read:
AB220,19,95 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a person who
6violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest
7for the current violation, was convicted previously under the intoxicated operation
8of an off-highway motorcycle law shall be fined not less than $300 nor more than
9$1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
AB220,42 10Section 42 . 23.335 (23) (c) 3. of the statutes is amended to read:
AB220,19,1611 23.335 (23) (c) 3. Except as provided in subd. 4., a person who violates sub. (12)
12(a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest for the current
13violation, was convicted 2 or more times previously under the intoxicated operation
14of an off-highway motorcycle law shall be fined not less than $600 nor more than
15$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
16county jail.
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