LRB-3908/1
CMH:ahe
2015 - 2016 LEGISLATURE
February 23, 2016 - Introduced by Representatives Sargent, Ohnstad, Johnson,
Zepnick, C. Taylor, Kahl, Considine, Spreitzer, Berceau, Pope, Brostoff
and Kessler, cosponsored by Senators Miller, Risser and C. Larson.
Referred to Committee on Criminal Justice and Public Safety.
AB945,1,3 1An Act to renumber and amend 961.41 (3g) (e); and to create 961.41 (3g) (e)
21. a. and b. of the statutes; relating to: repeat offenses of possession of
3marijuana.
Analysis by the Legislative Reference Bureau
Under this bill, the penalty for the possession of marijuana following a
conviction for a violation of the Uniform Controlled Substances Act is reduced from
a Class I felony to a fine of no more than $1,000 or imprisonment for not more than
six months, or both, which is the same penalty as for the first offense of possession
of marijuana. The penalty, however, remains a Class I felony if the repeat offense
occurred on the grounds of a school or if, during the course of the repeat offense, the
person carried a dangerous weapon, the person used force against another person,
or a person died or suffered great bodily harm.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB945,1 4Section 1. 961.41 (3g) (e) of the statutes is renumbered 961.41 (3g) (e) 1.
5(intro.) and amended to read:
AB945,2,46 961.41 (3g) (e) 1. (intro.) If a person possesses or attempts to possess
7tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance

1analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or
2imprisoned for not more than 6 months or both upon a first conviction and or is guilty
3of a Class I felony for if the offense is a 2nd or subsequent offense. and any of the
4following applies:
AB945,2,10 52. For purposes of this paragraph, an offense is considered a 2nd or subsequent
6offense if, prior to the offender's conviction of the offense, the offender has at any time
7been convicted of any felony or misdemeanor under this chapter or under any statute
8of the United States or of any state relating to controlled substances, controlled
9substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
10hallucinogenic drugs.
AB945,2 11Section 2. 961.41 (3g) (e) 1. a. and b. of the statutes are created to read:
AB945,2,1312 961.41 (3g) (e) 1. a. The offense occurred on the grounds of a school, as defined
13in s. 948.61 (1) (b).
AB945,2,1614 b. During the course of the offense, the person carried, possessed, or used a
15dangerous weapon, as defined in s. 939.22 (10); the person used force against another
16person; or a person died or suffered great bodily harm, as defined in s. 939.22 (14).
AB945,2,1717 (End)
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