AB482,8 19Section 8. 23.33 (4c) (a) 2g. of the statutes is created to read:
AB482,8,2320 23.33 (4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or
21above specified levels.' No person may engage in the operation of an all-terrain
22vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols
23concentration of 5.0 or more.
AB482,9 24Section 9. 23.33 (4c) (a) 3g. of the statutes is created to read:
AB482,9,5
123.33 (4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at
2specified levels; below age 21.' If a person has not attained the age of 21, the person
3may not engage in the operation of an all-terrain vehicle or utility terrain vehicle
4while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less
5than 5.0.
AB482,10 6Section 10. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB482,9,157 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
8prosecutor may proceed upon a complaint based upon a violation of any combination
9of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If
10the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the
11offenses shall be joined. If the person is found guilty of any combination of subd. 1.,
122., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be
13a single conviction for purposes of sentencing and for purposes of counting
14convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require
15proof of a fact for conviction which the others do not require.
AB482,11 16Section 11. 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a.
17and amended to read:
AB482,9,2418 23.33 (4c) (a) 5. a. In an action under subd. 2m. that is based on the defendant
19allegedly having a detectable amount of methamphetamine, or
20gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
21the defendant has a defense if he or she proves by a preponderance of the evidence
22that at the time of the incident or occurrence he or she had a valid prescription for
23methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
24acid, or.
AB482,10,6
1b. In an action under subd. 2g. or 3g. that is based on the defendant allegedly
2having a prohibited tetrahydrocannabinols concentration, the defendant has a
3defense if he or she proves by a preponderance of the evidence that at the time of the
4incident or occurrence he or she had a valid prescription for
5delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
650.80 (6)
.
AB482,12 7Section 12. 23.33 (4c) (b) 2n. of the statutes is created to read:
AB482,10,118 23.33 (4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols
9concentration at or above specified levels.' No person who has a
10tetrahydrocannabinols concentration of 5.0 or more may cause injury to another
11person by the operation of an all-terrain vehicle or utility terrain vehicle.
AB482,13 12Section 13. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB482,10,2213 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
14prosecutor may proceed upon a complaint based upon a violation of any combination
15of subd. 1., 2., or 2m., or 2n. for acts arising out of the same incident or occurrence.
16If the person is charged with violating any combination of subd. 1., 2., or 2m., or 2n.
17in the complaint, the crimes shall be joined under s. 971.12. If the person is found
18guilty of any combination of subd. 1., 2., or 2m., or 2n. for acts arising out of the same
19incident or occurrence, there shall be a single conviction for purposes of sentencing
20and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
211., 2., and 2m., and 2n. each require proof of a fact for conviction which the others do
22not require.
AB482,14 23Section 14. 23.33 (4c) (b) 4. a. of the statutes is amended to read:
AB482,11,524 23.33 (4c) (b) 4. a. In an action under this paragraph, the defendant has a
25defense if he or she proves by a preponderance of the evidence that the injury would

1have occurred even if he or she had been exercising due care and he or she had not
2been under the influence of an intoxicant, did not have an alcohol concentration of
30.08 or more, or did not have a detectable amount of a restricted controlled substance
4in his or her blood, or did not have a tetrahydrocannabinols concentration of 5.0 or
5more
.
AB482,15 6Section 15. 23.33 (4c) (b) 4. b. of the statutes is amended to read:
AB482,11,137 23.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant
8allegedly having a detectable amount of methamphetamine, or
9gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
13acid, or.
AB482,11,18 14c. In an action under subd. 2n. that is based on the defendant allegedly having
15a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
16or she proves by a preponderance of the evidence that at the time of the incident or
17occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
18he or she was a qualifying patient, as defined in s. 50.80 (6)
.
AB482,16 19Section 16. 23.33 (4p) (d) of the statutes is amended to read:
AB482,12,520 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results
21of a chemical test required or administered under par. (a), (b) or (c) are admissible
22in any civil or criminal action or proceeding arising out of the acts committed by a
23person alleged to have violated the intoxicated operation of an all-terrain vehicle or
24utility terrain vehicle law on the issue of whether the person was under the influence
25of an intoxicant or the issue of whether the person had alcohol concentrations or

1tetrahydrocannabinols concentrations
at or above specified levels or a detectable
2amount of a restricted controlled substance in his or her blood. Results of these
3chemical tests shall be given the effect required under s. 885.235. This subsection
4does not limit the right of a law enforcement officer to obtain evidence by any other
5lawful means.
AB482,17 6Section 17. 23.33 (13) (b) 1. of the statutes is amended to read:
AB482,12,97 23.33 (13) (b) 1. Except as provided under subds. 2. and 3., a person who
8violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) shall forfeit not less than $150 nor
9more than $300.
AB482,18 10Section 18. 23.33 (13) (b) 2. of the statutes is amended to read:
AB482,12,1611 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
12(4c) (a) 1., 2., 2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
13current violation, was convicted previously under the intoxicated operation of an
14all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
15less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
16nor more than 6 months.
AB482,19 17Section 19. 23.33 (13) (b) 3. of the statutes is amended to read:
AB482,12,2318 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e)
19and who, within 5 years prior to the arrest for the current violation, was convicted
202 or more times previously under the intoxicated operation of an all-terrain vehicle
21or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more
22than $2,000 and shall be imprisoned not less than 30 days nor more than one year
23in the county jail.
AB482,20 24Section 20. 23.33 (13) (e) of the statutes is amended to read:
AB482,13,10
123.33 (13) (e) Alcohol, controlled substances or controlled substance analogs,
2tetrahydrocannabinols
; assessment. In addition to any other penalty or order, a
3person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25
4if the violation involves the operation of an all-terrain vehicle or utility terrain
5vehicle, shall be ordered by the court to submit to and comply with an assessment
6by an approved public treatment facility for an examination of the person's use of
7alcohol, controlled substances or controlled substance analogs, or
8tetrahydrocannabinols
. The assessment order shall comply with s. 343.30 (1q) (c) 1.
9a. to c. Intentional failure to comply with an assessment ordered under this
10paragraph constitutes contempt of court, punishable under ch. 785.
AB482,21 11Section 21. 30.50 (10m) (a) of the statutes is amended to read:
AB482,13,1312 30.50 (10m) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB482,22 14Section 22. 30.50 (10m) (e) of the statutes is repealed.
AB482,23 15Section 23. 30.50 (13p) of the statutes is created to read:
AB482,13,1716 30.50 (13p) “Tetrahydrocannabinols concentration" means the number of
17nanograms of tetrahydrocannabinols per milliliter of blood.
AB482,24 18Section 24. 30.681 (1) (b) (title) of the statutes is amended to read:
AB482,13,2019 30.681 (1) (b) (title) Operating after using a controlled substance or, alcohol, or
20marijuana
.
AB482,25 21Section 25. 30.681 (1) (b) 1g. of the statutes is created to read:
AB482,13,2322 30.681 (1) (b) 1g. No person may engage in the operation of a motorboat while
23the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB482,26 24Section 26. 30.681 (1) (bn) (title) of the statutes is amended to read:
AB482,14,2
130.681 (1) (bn) (title) Operating with alcohol or tetrahydrocannabinols
2concentrations at specified levels; below legal
drinking age.
AB482,27 3Section 27. 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.
AB482,28 4Section 28. 30.681 (1) (bn) 2. of the statutes is created to read:
AB482,14,75 30.681 (1) (bn) 2. A person who has not attained the legal age, as defined in s.
6961.70 (2), may not engage in the operation of a motorboat while he or she has a
7tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.
AB482,29 8Section 29. 30.681 (1) (c) of the statutes is amended to read:
AB482,14,179 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
10may proceed upon a complaint based upon a violation of any combination of par. (a)
11or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
12person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.,
13the offenses shall be joined. If the person is found guilty of any combination of par.
14(a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there
15shall be a single conviction for purposes of sentencing and for purposes of counting
16convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and
172. each require proof of a fact for conviction which the others do not require.
AB482,30 18Section 30. 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and
19amended to read:
AB482,15,220 30.681 (1) (d) 1. In an action under par. (b) 1m. that is based on the defendant
21allegedly having a detectable amount of methamphetamine, or
22gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
23the defendant has a defense if he or she proves by a preponderance of the evidence
24that at the time of the incident or occurrence he or she had a valid prescription for

1methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
2acid, or.
AB482,15,8 32. In an action under par. (b) 1g. or (bn) 2. that is based on the defendant
4allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
5has a defense if he or she proves by a preponderance of the evidence that at the time
6of the incident or occurrence he or she had a valid prescription for

7delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
850.80 (6)
.
AB482,31 9Section 31. 30.681 (2) (b) (title) of the statutes is amended to read:
AB482,15,1110 30.681 (2) (b) (title) Causing injury after using a controlled substance or,
11alcohol
, or marijuana.
AB482,32 12Section 32. 30.681 (2) (b) 1g. of the statutes is created to read:
AB482,15,1413 30.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration
14of 5.0 or more may cause injury to another person by the operation of a motorboat.
AB482,33 15Section 33. 30.681 (2) (c) of the statutes is amended to read:
AB482,15,2516 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
17may proceed upon a complaint based upon a violation of any combination of par. (a)
18or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
19person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.
20in the complaint, the crimes shall be joined under s. 971.12. If the person is found
21guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the
22same incident or occurrence, there shall be a single conviction for purposes of
23sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3.
24Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction
25which the others do not require.
AB482,34
1Section 34. 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB482,16,92 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
3intoxicated boating law where the defendant was operating a motorboat that is not
4a commercial motorboat, the defendant has a defense if he or she proves by a
5preponderance of the evidence that the injury would have occurred even if he or she
6had been exercising due care and he or she had not been under the influence of an
7intoxicant or did not have an alcohol concentration of 0.08 or more or a
8tetrahydrocannabinols concentration of 5.0 or more
or a detectable amount of a
9restricted controlled substance in his or her blood.
AB482,35 10Section 35. 30.681 (2) (d) 1. b. of the statutes is amended to read:
AB482,16,1711 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
12allegedly having a detectable amount of methamphetamine, or
13gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
14the defendant has a defense if he or she proves by a preponderance of the evidence
15that at the time of the incident or occurrence he or she had a valid prescription for
16methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
17acid, or.
AB482,16,22 18c. In an action under par. (b) 1g. that is based on the defendant allegedly having
19a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
20or she proves by a preponderance of the evidence that at the time of the incident or
21occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
22he or she was a qualifying patient, as defined in s. 50.80 (6)
.
AB482,36 23Section 36. 30.684 (4) of the statutes is amended to read:
AB482,17,824 30.684 (4) Admissibility; effect of test results; other evidence. The results
25of a chemical test required or administered under sub. (1), (2) or (3) are admissible

1in any civil or criminal action or proceeding arising out of the acts committed by a
2person alleged to have violated the intoxicated boating law on the issue of whether
3the person was under the influence of an intoxicant or the issue of whether the person
4had alcohol concentrations or tetrahydrocannabinols concentrations at or above
5specified levels or a detectable amount of a restricted controlled substance in his or
6her blood. Results of these chemical tests shall be given the effect required under s.
7885.235. This section does not limit the right of a law enforcement officer to obtain
8evidence by any other lawful means.
AB482,37 9Section 37. 30.80 (6) (d) of the statutes is amended to read:
AB482,17,1810 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or
11tetrahydrocannabinols
; examination. In addition to any other penalty or order, a
12person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25
13if the violation involves the operation of a motorboat, shall be ordered by the court
14to submit to and comply with an assessment by an approved public treatment facility
15for an examination of the person's use of alcohol, controlled substances or controlled
16substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an
17assessment ordered under this paragraph constitutes contempt of court, punishable
18under ch. 785.
AB482,38 19Section 38. 49.148 (4) (a) of the statutes is amended to read:
AB482,18,920 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
21a community service job or transitional placement who, after August 22, 1996, was
22convicted in any state or federal court of a felony that had as an element possession,
23use or distribution of a controlled substance to submit to a test for use of a controlled
24substance as a condition of continued eligibility. If the test results are positive, the
25Wisconsin works Works agency shall decrease the presanction benefit amount for

1that participant by not more than 15 percent for not fewer than 12 months, or for the
2remainder of the participant's period of participation in a community service job or
3transitional placement, if less than 12 months. If, at the end of 12 months, the
4individual is still a participant in a community service job or transitional placement
5and submits to another test for use of a controlled substance and if the results of the
6test are negative, the Wisconsin works Works agency shall discontinue the reduction
7under this paragraph. In this subsection, “controlled substance” does not include
8tetrahydrocannabinols in any form including tetrahydrocannabinols contained in
9marijuana, obtained from marijuana, or chemically synthesized.
AB482,39 10Section 39. 49.45 (23) (g) 1. e. of the statutes is amended to read:
AB482,18,1611 49.45 (23) (g) 1. e. Require, as a condition of eligibility, that an applicant or
12enrollee submit to a drug screening assessment and, if indicated, a drug test, as
13specified by the department in the waiver amendment. The department may not test
14for tetrahydrocannabinols in any form including tetrahydrocannabinols contained
15in marijuana, obtained from marijuana, or chemically synthesized under this subd.
161. e.
AB482,40 17Section 40. 49.79 (1) (b) of the statutes is amended to read:
AB482,18,2118 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
19except “controlled substance” does not include tetrahydrocannabinols in any form
20including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
21or chemically synthesized
.
AB482,41 22Section 41. 50.56 (3) of the statutes is amended to read:
AB482,19,223 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this
24subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI

1VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this
2subchapter and the rules promulgated under this subchapter control.
AB482,42 3Section 42. Subchapter VI of chapter 50 [precedes 50.80] of the statutes is
4created to read:
AB482,19,55 chapter 50
AB482,19,66 subchapter VI
AB482,19,87 distribution and
8 testing centers
AB482,19,9 950.80 Definitions. In this subchapter:
AB482,19,11 10(1) “Compassion center" means a licensed organization that grows, sells,
11distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
AB482,19,12 12(2) “Debilitating medical condition or treatment" means any of the following:
AB482,19,1713 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
14the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
15Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic
16lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic
17stress disorder; or the treatment of these conditions.
AB482,19,2118 (b) A chronic or debilitating disease or medical condition or the treatment of
19such a disease or condition that causes cachexia, severe pain, severe nausea,
20seizures, including those characteristic of epilepsy, or severe and persistent muscle
21spasms, including those characteristic of multiple sclerosis.
AB482,19,2422 (c) Any other medical condition or any other treatment for a medical condition
23designated as a debilitating medical condition or treatment in rules promulgated by
24the department of health services under s. 50.81 (2).
AB482,19,25 25(2m) “Department" means the department of health services.
AB482,20,2
1(3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces
2of usable marijuana.
AB482,20,3 3(4) “Medical use of tetrahydrocannabinols" means any of the following:
AB482,20,64 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to
5alleviate the symptoms or effects of the qualifying patient's debilitating medical
6condition or treatment.
AB482,20,97 (b) The acquisition, possession, cultivation, or transportation of
8tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
9her use of the tetrahydrocannabinols under par. (a).
AB482,20,1510 (c) The acquisition, possession, cultivation, or transportation of
11tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
12the transfer of tetrahydrocannabinols in any form between a qualifying patient and
13his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form
14between persons who are primary caregivers for the same qualifying patient if all of
15the following apply:
AB482,20,1816 1. The acquisition, possession, cultivation, or transportation of
17tetrahydrocannabinols is done to facilitate the qualifying patient's use of
18tetrahydrocannabinols under par. (a) or (b).
AB482,20,2119 2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
20or transport the tetrahydrocannabinols independently, or the qualifying patient is
21under 18 years of age.
AB482,20,22 22(4m) “Physician” means a person licensed under s. 448.04 (1) (a).
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