LRB-0657/1
CMH:eev:rs
2013 - 2014 LEGISLATURE
April 23, 2013 - Introduced by Representatives Thiesfeldt, Nass, Jacque, T.
Larson and Honadel, cosponsored by Senators Gudex and
Leibham. Referred
to Committee on Urban and Local Affairs.
AB164,1,4
1An Act to renumber and amend 59.54 (25) and 59.54 (25g);
to amend 66.0107
2(1) (bm) and 66.0107 (1) (bn); and
to create 59.54 (25) (a) 1. and 2. and 59.54
3(25g) (a) 1. and 2. of the statutes;
relating to: local ordinances regarding
4possession of marijuana or a synthetic cannabinoid.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, or town (local governmental unit) or a county
may enact and enforce an ordinance prohibiting the possession of 25 grams or less
of marijuana or the possession of a synthetic cannabinoid. A person who is charged
with possession of more than 25 grams of marijuana or who is charged with
possession of any amount of marijuana or a synthetic cannabinoid following a
conviction for the possession of a controlled substance generally may not be
prosecuted under the ordinance.
This bill allows a local governmental unit or a county to enact and enforce an
ordinance to prohibit the possession of any amount of marijuana and to prosecute a
person for a second or subsequent offense of possessing marijuana or a synthetic
cannabinoid. The local governmental unit, however, may enforce the prohibition
against possessing marijuana in a case in which the person is alleged to possess more
than 25 grams of marijuana or may prosecute a second or subsequent offense only
if the state complaint against the person is dismissed or if the district attorney
declines to prosecute the case. In turn, a county may enforce the prohibition against
possessing marijuana in a case in which the person is alleged to possess more than
25 grams of marijuana or may prosecute a second or subsequent offense only if, after
the state dismisses the complaint or declines to prosecute the case, the local
governmental unit with jurisdiction also dismisses the complaint, declines to
prosecute the case, or lacks an ordinance under which the complaint could be
prosecuted.
For further information see the 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:
AB164,1
1Section
1. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) (intro.) and
2amended to read:
AB164,2,123
59.54
(25) (a)
Possession of marijuana. (intro.) The board may enact and
4enforce an ordinance to prohibit the possession of
25 grams or less of marijuana, as
5defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and
6provide a forfeiture for a violation of the ordinance; except that
any person who is
7charged with if a complaint is issued regarding an allegation of possession of more
8than 25 grams of marijuana, or
who is charged with possession of any amount of
9marijuana following a conviction
in this state for possession of marijuana,
in this
10state shall not the subject of the complaint may not be prosecuted under this
11subsection
. for the same action that is the subject of the complaint unless all of the
12following occur:
AB164,2,14
13(b) Any ordinance enacted under
this subsection par. (a) applies in every
14municipality within the county.
AB164,2
15Section
2. 59.54 (25) (a) 1. and 2. of the statutes are created to read:
AB164,2,1716
59.54
(25) (a) 1. The charges for violating the state statute are dismissed or the
17district attorney declines to prosecute the case.
AB164,3,218
2. Either the city, village, or town with jurisdiction over the action has no
19ordinance enacted under s. 66.0107 (1) (bm) in effect or the city, village, or town with
1jurisdiction over the action has declined to prosecute or has dismissed the charges
2for the violation of the ordinance enacted under s. 66.0107 (1) (bm).
AB164,3
3Section
3. 59.54 (25g) of the statutes is renumbered 59.54 (25g) (a) (intro.) and
4amended to read:
AB164,3,135
59.54
(25g) (a)
Possession of a synthetic cannabinoid. (intro.) The board may
6enact and enforce an ordinance to prohibit the possession of any controlled substance
7specified in s. 961.14 (4) (tb) to (ty), and provide a forfeiture for a violation of the
8ordinance, except that
any person who is charged with
if a complaint is issued
9regarding an allegation of possession of a controlled substance specified in s. 961.14
10(4) (tb) to (ty) following a conviction
in this state for possession of a controlled
11substance
in this state shall not, the subject of the complaint may not be prosecuted
12under this subsection
. for the same action that is the subject of the complaint unless
13all of the following occur:
AB164,3,15
14(b) Any ordinance enacted under
this subsection par. (a) applies in every
15municipality within the county.
AB164,4
16Section
4. 59.54 (25g) (a) 1. and 2. of the statutes are created to read:
AB164,3,1817
59.54
(25g) (a) 1. The charges for violating the state statute are dismissed or
18the district attorney declines to prosecute the case.
AB164,3,2219
2. Either the city, village, or town with jurisdiction over the action has no
20ordinance enacted under s. 66.0107 (1) (bn) in effect or the city, village, or town with
21jurisdiction over the action has declined to prosecute or has dismissed the charges
22for the violation of the ordinance enacted under s. 66.0107 (1) (bn).
AB164,5
23Section
5. 66.0107 (1) (bm) of the statutes is amended to read:
AB164,4,824
66.0107
(1) (bm) Enact and enforce an ordinance to prohibit the possession of
2525 grams or less of marijuana, as defined in s. 961.01 (14), subject to the exceptions
1in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance;
2except that
any person who is charged with if a complaint is issued regarding an
3allegation of possession of more than 25 grams of marijuana, or
who is charged with 4possession of any amount of marijuana following a conviction
in this state for
5possession of marijuana,
in this state shall not
the subject of the complaint may not 6be prosecuted under this paragraph
for the same action that is the subject of the
7complaint unless the charges are dismissed or the district attorney declines to
8prosecute the case.
AB164,6
9Section
6. 66.0107 (1) (bn) of the statutes is amended to read:
AB164,4,1810
66.0107
(1) (bn) Enact and enforce an ordinance to prohibit the possession of
11a controlled substance specified in s. 961.14 (4) (tb) to (ty) and provide a forfeiture
12for a violation of the ordinance, except that
any person who is charged with if a
13complaint is issued regarding an allegation of possession of a controlled substance
14specified in s. 961.14 (4) (tb) to (ty) following a conviction
in this state for possession
15of a controlled substance
in this state shall not, the subject of the complaint may not 16be prosecuted under this paragraph
for the same action that is the subject of the
17complaint unless the charges are dismissed or the district attorney declines to
18prosecute the case.
