AB810,52,721
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63
22(2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood
23at the time in question, as shown by chemical analysis of a sample of the person's
24blood or urine or evidence of the amount of alcohol in the person's breath, is
25admissible on the issue of whether he or she had an alcohol concentration in the
1range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m), or 350.101 (1)
2(c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken
3within 3 hours after the event to be proved. The fact that the analysis shows that
4the person had an alcohol concentration of more than 0.0 but not more than 0.08 is
5prima facie evidence that the person had an alcohol concentration in the range
6specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m), or 350.101 (1) (c) or an
7alcohol concentration above 0.0 under s. 346.63 (7).
AB810,121
8Section
121. 885.235 (4) of the statutes is amended to read:
AB810,52,199
885.235
(4) The provisions of this section relating to the admissibility of
10chemical tests for alcohol
or tetrahydrocannabinols concentration or intoxication or
11for determining whether a person had a detectable amount of a restricted controlled
12substance in his or her blood shall not be construed as limiting the introduction of
13any other competent evidence bearing on the question of whether or not a person was
14under the influence of an intoxicant, had a detectable amount of a restricted
15controlled substance in his or her blood, had a specified alcohol
or
16tetrahydrocannabinols concentration,
or had an alcohol concentration in the range
17specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m) or 350.101 (1) (c)
, or had
18a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1930.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).
AB810,122
20Section
122. 895.047 (3) (a) of the statutes is amended to read:
AB810,53,221
895.047
(3) (a) If the defendant proves by clear and convincing evidence that
22at the time of the injury the claimant was under the influence of any controlled
23substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
24(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more
or
25a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more,
1there shall be a rebuttable presumption that the claimant's intoxication or drug use
2was the cause of his or her injury.
AB810,123
3Section
123. 905.04 (4) (f) of the statutes is amended to read:
AB810,53,74
905.04
(4) (f)
Tests for intoxication. There is no privilege concerning the results
5of or circumstances surrounding any chemical tests for intoxication or
for alcohol
6concentration, as defined in s. 340.01 (1v)
, or tetrahydrocannabinols concentration,
7as defined in s. 23.33 (1) (k).
AB810,124
8Section
124. 939.22 (33) (a) of the statutes is amended to read:
AB810,53,109
939.22
(33) (a) A controlled substance included in schedule I under ch. 961
10other than a tetrahydrocannabinol.
AB810,125
11Section
125. 939.22 (33) (e) of the statutes is repealed.
AB810,126
12Section
126. 939.22 (39g) of the statutes is created to read:
AB810,53,1413
939.22
(39g) "Tetrahydrocannabinols concentration" has the meaning given in
14s. 23.33 (1) (k).
AB810,127
15Section
127. 940.09 (1) (bg) of the statutes is created to read:
AB810,53,1716
940.09
(1) (bg) Causes the death of another by the operation or handling of a
17vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB810,128
18Section
128. 940.09 (1) (dg) of the statutes is created to read:
AB810,53,2119
940.09
(1) (dg) Causes the death of an unborn child by the operation or
20handling of a vehicle while the person has a tetrahydrocannabinols concentration of
215.0 or more.
AB810,129
22Section
129. 940.09 (1g) (bg) of the statutes is created to read:
AB810,53,2523
940.09
(1g) (bg) Causes the death of another by the operation or handling of
24a firearm or airgun while the person has a tetrahydrocannabinols concentration of
255.0 or more.
AB810,130
1Section
130. 940.09 (1g) (dg) of the statutes is created to read:
AB810,54,42
940.09
(1g) (dg) Causes the death of an unborn child by the operation or
3handling of a firearm or airgun while the person has a tetrahydrocannabinols
4concentration of 5.0 or more.
AB810,131
5Section
131. 940.09 (1m) (a) of the statutes is amended to read:
AB810,54,116
940.09
(1m) (a) A person may be charged with and a prosecutor may proceed
7upon an information based upon a violation of any combination of sub. (1) (a), (am),
8or (b)
, or (bg); any combination of sub. (1) (a), (am),
(bg), or (bm); any combination of
9sub. (1) (c), (cm),
or (d)
, or (dg); any combination of sub. (1) (c), (cm),
(dg), or (e); any
10combination of sub. (1g) (a), (am),
or (b)
, or (bg) or; any combination of sub. (1g) (c),
11(cm),
or (d)
, or (dg) for acts arising out of the same incident or occurrence.
AB810,132
12Section
132. 940.09 (1m) (b) of the statutes is amended to read:
AB810,54,2213
940.09
(1m) (b) If a person is charged in an information with any of the
14combinations of crimes referred to in par. (a), the crimes shall be joined under s.
15971.12. If the person is found guilty of more than one of the crimes so charged for
16acts arising out of the same incident or occurrence, there shall be a single conviction
17for purposes of sentencing and for purposes of counting convictions under s. 23.33
18(13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11
19(3) (a) 2. and 3. Subsection (1) (a), (am), (b),
(bg), (bm), (c), (cm), (d),
(dg), and (e) each
20require proof of a fact for conviction which the others do not require, and sub. (1g)
21(a), (am), (b),
(bg), (c), (cm),
and (d)
, and (dg) each require proof of a fact for conviction
22which the others do not require.
AB810,133
23Section
133. 940.09 (2) (a) of the statutes is amended to read:
AB810,55,524
940.09
(2) (a) In any action under this section, the defendant has a defense if
25he or she proves by a preponderance of the evidence that the death would have
1occurred even if he or she had been exercising due care and he or she had not been
2under the influence of an intoxicant, did not have a detectable amount of a restricted
3controlled substance in his or her blood,
did not have a tetrahydrocannabinols
4concentration of 5.0 or greater, or did not have an alcohol concentration described
5under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB810,134
6Section
134. 940.09 (2) (b) of the statutes is amended to read:
AB810,55,167
940.09
(2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
8is based on the defendant allegedly having a detectable amount of
9methamphetamine or gamma-hydroxybutyric acid
or
10delta-9-tetrahydrocannabinol in his or her blood
or in any action under sub. (1) (bg)
11or (dg) or (1g) (bg) or (dg) that is that is based on the defendant allegedly having a
12tetrahydrocannabinols concentration that is 5.0 or greater, the defendant has a
13defense if he or she proves by a preponderance of the evidence that at the time of the
14incident or occurrence he or she had a valid prescription for methamphetamine or
15one of its metabolic precursors or gamma-hydroxybutyric acid or
16delta-9-tetrahydrocannabinol.
AB810,135
17Section
135. 940.25 (1) (bg) of the statutes is created to read:
AB810,55,2018
940.25
(1) (bg) Causes great bodily harm to another human being by the
19operation of a vehicle while the person has a tetrahydrocannabinols concentration
20of 5.0 or more.
AB810,136
21Section
136. 940.25 (1) (dg) of the statutes is created to read:
AB810,55,2422
940.25
(1) (dg) Causes great bodily harm to an unborn child by the operation
23of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or
24more.
AB810,137
25Section
137. 940.25 (1m) of the statutes is amended to read:
AB810,56,5
1940.25
(1m) (a) A person may be charged with and a prosecutor may proceed
2upon an information based upon a violation of any combination of sub. (1) (a), (am),
3or (b)
, or (bg); any combination of sub. (1) (a), (am),
(bg), or (bm); any combination of
4sub. (1) (c), (cm),
or (d)
, or (dg); or any combination of sub. (1) (c), (cm),
(dg), or (e) for
5acts arising out of the same incident or occurrence.
AB810,56,136
(b) If a person is charged in an information with any of the combinations of
7crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person
8is found guilty of more than one of the crimes so charged for acts arising out of the
9same incident or occurrence, there shall be a single conviction for purposes of
10sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3.,
11under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3)
12(a) 2. and 3. Subsection (1) (a), (am), (b),
(bg), (bm), (c), (cm), (d),
(dg), and (e) each
13require proof of a fact for conviction which the others do not require.
AB810,138
14Section
138. 940.25 (2) of the statutes is amended to read:
AB810,56,2115
940.25
(2) (a) The defendant has a defense if he or she proves by a
16preponderance of the evidence that the great bodily harm would have occurred even
17if he or she had been exercising due care and he or she had not been under the
18influence of an intoxicant, did not have a detectable amount of a restricted controlled
19substance in his or her blood,
did not have a tetrahydrocannabinols concentration of
205.0 or greater, or did not have an alcohol concentration described under sub. (1) (b),
21(bm), (d) or (e).
AB810,57,422
(b) In any action under this section that is based on the defendant allegedly
23having a detectable amount of methamphetamine
, or gamma-hydroxybutyric acid
,
24or delta-9-tetrahydrocannabinol in his or her blood
or in any action under this
25section that is based on the defendant allegedly having a tetrahydrocannabinols
1concentration that is 5.0 or greater, the defendant has a defense if he or she proves
2by a preponderance of the evidence that at the time of the incident or occurrence he
3or she had a valid prescription for methamphetamine or one of its metabolic
4precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
AB810,139
5Section
139. 941.20 (1) (bg) of the statutes is created to read:
AB810,57,106
941.20
(1) (bg) Operates or goes armed with a firearm while he or she has a
7tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
8defense to any action under this paragraph if he or she proves by a preponderance
9of the evidence that at the time of the incident or occurrence he or she had a valid
10prescription for delta-9-tetrahydrocannabinol.
AB810,140
11Section
140. 941.20 (1) (bm) of the statutes is amended to read:
AB810,57,2012
941.20
(1) (bm) Operates or goes armed with a firearm while he or she has a
13detectable amount of a restricted controlled substance in his or her blood. A
14defendant has a defense to any action under this paragraph that is based on the
15defendant allegedly having a detectable amount of methamphetamine
, or 16gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
17if he or she proves by a preponderance of the evidence that at the time of the incident
18or occurrence he or she had a valid prescription for methamphetamine or one of its
19metabolic precursors
, or gamma-hydroxybutyric acid
, or
20delta-9-tetrahydrocannabinol.
AB810,141
21Section
141. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
22to read:
AB810,58,823
961.70
(3) "Marijuana" means all parts of the plants of the genus Cannabis,
24whether growing or not
, with a concentration of tetrahydrocannabinols that is
25greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted
1from any part of the plant; and every compound, manufacture, salt, derivative,
2mixture
, or preparation of the plant, its seeds or resin
, including
3tetrahydrocannabinols. "Marijuana" does include the mature stalks if mixed with
4other parts of the plant, but does not include fiber produced from the stalks, oil or
5cake made from the seeds of the plant, any other compound, manufacture, salt,
6derivative, mixture
, or preparation of the mature stalks (except the resin extracted
7therefrom), fiber, oil
, or cake or the sterilized seed of the plant which is incapable of
8germination.
AB810,142
9Section
142. 961.14 (4) (t) of the statutes is repealed.
AB810,143
10Section
143. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
11as renumbered, is amended to read:
AB810,58,12
12961.75 (title)
Controlled substances Marijuana therapeutic research.
AB810,144
13Section
144. 961.41 (1) (h) of the statutes is repealed.
AB810,145
14Section
145. 961.41 (1m) (h) of the statutes is repealed.
AB810,146
15Section
146. 961.41 (1q) of the statutes is repealed.
AB810,147
16Section
147. 961.41 (1r) of the statutes is amended to read:
AB810,59,217
961.41
(1r) Determining weight of substance. In determining amounts under
18s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
19of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
20psilocybin, amphetamine, methamphetamine,
or methcathinone
or
21tetrahydrocannabinols or any controlled substance analog of any of these substances
22together with any compound, mixture, diluent, plant material or other substance
23mixed or combined with the controlled substance or controlled substance analog.
In
24addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of
1tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes
2the weight of any marijuana.
AB810,148
3Section
148. 961.41 (3g) (c) of the statutes is amended to read:
AB810,59,134
961.41
(3g) (c)
Cocaine and cocaine base. If a person possess or attempts to
5possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
6base, the person shall be fined not more than $5,000 and may be imprisoned for not
7more than one year in the county jail upon a first conviction and is guilty of a Class
8I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
9is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted of any felony or misdemeanor
11under this chapter or under any statute of the United States or of any state relating
12to controlled substances, controlled substance analogs, narcotic drugs,
marijuana, 13or depressant, stimulant, or hallucinogenic drugs.
AB810,149
14Section
149. 961.41 (3g) (d) of the statutes is amended to read:
AB810,60,315
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
16possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
17amphetamine, methcathinone, methylenedioxypyrovalerone,
184-methylmethcathinone, psilocin or psilocybin, or a controlled substance analog of
19lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone,
20methylenedioxypyrovalerone, 4-methylmethcathinone, psilocin or psilocybin, the
21person may be fined not more than $5,000 or imprisoned for not more than one year
22in the county jail or both upon a first conviction and is guilty of a Class I felony for
23a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered
24a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the
25offender has at any time been convicted of any felony or misdemeanor under this
1chapter or under any statute of the United States or of any state relating to controlled
2substances, controlled substance analogs, narcotic drugs,
marijuana, or depressant,
3stimulant, or hallucinogenic drugs.
AB810,150
4Section
150. 961.41 (3g) (e) of the statutes is repealed.
AB810,151
5Section
151. 961.41 (3g) (em) of the statutes is amended to read:
AB810,60,166
961.41
(3g) (em)
Synthetic cannabinoids. If a person possesses or attempts to
7possess a controlled substance specified in s. 961.14 (4) (tb) to (ty), or a controlled
8substance analog of a controlled substance specified in s. 961.14 (4) (tb) to (ty), the
9person may be fined not more than $1,000 or imprisoned for not more than 6 months
10or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent
11offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent
12offense if, prior to the offender's conviction of the offense, the offender has at any time
13been convicted of any felony or misdemeanor under this chapter or under any statute
14of the United States or of any state relating to controlled substances, controlled
15substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
16hallucinogenic drugs.
AB810,152
17Section
152. 961.47 (1) of the statutes is amended to read:
AB810,61,818
961.47
(1) Whenever any person who has not previously been convicted of any
19offense under this chapter, or of any offense under any statute of the United States
20or of any state or of any county ordinance relating to controlled substances or
21controlled substance analogs, narcotic drugs,
marijuana or stimulant, depressant
, 22or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
23possession of a controlled substance or controlled substance analog under s. 961.41
24(3g) (b), the court, without entering a judgment of guilt and with the consent of the
25accused, may defer further proceedings and place him or her on probation upon terms
1and conditions. Upon violation of a term or condition, the court may enter an
2adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
3terms and conditions, the court shall discharge the person and dismiss the
4proceedings against him or her. Discharge and dismissal under this section shall be
5without adjudication of guilt and is not a conviction for purposes of disqualifications
6or disabilities imposed by law upon conviction of a crime, including the additional
7penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
8only one discharge and dismissal under this section with respect to any person.
AB810,153
9Section
153. 961.48 (3) of the statutes is amended to read:
AB810,61,1510
961.48
(3) For purposes of this section, a felony offense under this chapter is
11considered a 2nd or subsequent offense if, prior to the offender's conviction of the
12offense, the offender has at any time been convicted of any felony or misdemeanor
13offense under this chapter or under any statute of the United States or of any state
14relating to controlled substances or controlled substance analogs, narcotic drugs,
15marijuana or depressant, stimulant
, or hallucinogenic drugs.
AB810,154
16Section
154. 961.48 (5) of the statutes is amended to read:
AB810,61,1817
961.48
(5) This section does not apply if the person is presently charged with
18a felony under s. 961.41 (3g) (c), (d),
(e), or (g).
AB810,155
19Section
155. 961.49 (1m) (intro.) of the statutes is amended to read:
AB810,62,220
961.49
(1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f),
or (g)
21or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f),
or (g)
22or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
23phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
24methamphetamine,
or methcathinone
or any form of tetrahydrocannabinols or a
25controlled substance analog of any of these substances and the delivery, distribution
1or possession takes place under any of the following circumstances, the maximum
2term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB810,156
3Section
156. 961.571 (1) (a) 7. of the statutes is repealed.
AB810,157
4Section
157. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB810,62,75
961.571
(1) (a) 11. (intro.) Objects used, designed for use or primarily intended
6for use in ingesting, inhaling
, or otherwise introducing
marijuana, cocaine, hashish
7or hashish oil into the human body, such as:
AB810,158
8Section
158. 961.571 (1) (a) 11. e. of the statutes is repealed.
AB810,159
9Section
159. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB810,160
10Section
160. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
11is created to read:
AB810,62,1212
Chapter 961
AB810,62,1313
Subchapter VIII
AB810,62,1414
regulation of Marijuana
AB810,62,15
15961.70 Definitions. In this subchapter:
AB810,62,16
16(1) "Legal age" means 21 years of age.
AB810,62,17
17(3c) "Marijuana-infused product" has the meaning given in s. 139.97 (7).
AB810,62,18
18(3g) "Permissible amount" means one of the following:
AB810,62,2119
(a) For a person who is a resident of Wisconsin, an amount that does not exceed
20one-half an ounce of useable marijuana, 8 ounces of marijuana-infused product in
21solid form, or 36 ounces of marijuana-infused product in liquid form.
AB810,62,2422
(b) For a person who is not a resident of Wisconsin, an amount that does not
23exceed one-quarter an ounce of useable marijuana, 4 ounces of marijuana-infused
24product in solid form, or 18 ounces of marijuana-infused product in liquid form.
AB810,62,25
25(3m) "Permittee" has the meaning given under s. 139.97 (9).
AB810,63,5
1(4) "Tetrahydrocannabinols concentration" means percent of
2delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
3Cannabis, or per volume or weight of marijuana product, or the combined percent of
4delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
5plant Cannabis regardless of moisture content.
AB810,63,6
6(5) "Underage person" means a person who has not attained the legal age.
AB810,63,7
7(6) "Useable marijuana" has the meaning given in s. 139.97 (12).
AB810,63,9
8961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
9may sell, distribute, or transfer marijuana to any underage person.
AB810,63,1110
2. No permittee may directly or indirectly permit an underage person to enter
11or be on a permitted premises in violation of sub. (2) (d).
AB810,63,1412
(b) A permittee who violates par. (a) may be subject to a forfeiture of not more
13than $500 and to a suspension of the permittee's permit for an amount of time not
14to exceed 30 days.