AB810: Bill Text

AB810,121 Section 121. 885.235 (4) of the statutes is amended to read:

AB810,52,19 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or for determining whether a person had a detectable amount of a restricted controlled substance in his or her blood shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a detectable amount of a restricted controlled substance in his or her blood, had a specified alcohol or tetrahydrocannabinols concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or 350.101 (1) (c), or had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).

AB810,122 Section 122. 895.047 (3) (a) of the statutes is amended to read:

AB810,53,2 895.047 (3) (a) If the defendant proves by clear and convincing evidence that at the time of the injury the claimant was under the influence of any controlled substance or controlled substance analog to the extent prohibited under s. 346.63 (1) (a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more, there shall be a rebuttable presumption that the claimant's intoxication or drug use was the cause of his or her injury.

AB810,123 Section 123. 905.04 (4) (f) of the statutes is amended to read:

AB810,53,7 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results of or circumstances surrounding any chemical tests for intoxication or for alcohol concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k).

AB810,124 Section 124. 939.22 (33) (a) of the statutes is amended to read:

AB810,53,10 939.22 (33) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB810,125 Section 125. 939.22 (33) (e) of the statutes is repealed.

AB810,126 Section 126. 939.22 (39g) of the statutes is created to read:

AB810,53,14 939.22 (39g) "Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

AB810,127 Section 127. 940.09 (1) (bg) of the statutes is created to read:

AB810,53,17 940.09 (1) (bg) Causes the death of another by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,128 Section 128. 940.09 (1) (dg) of the statutes is created to read:

AB810,53,21 940.09 (1) (dg) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,129 Section 129. 940.09 (1g) (bg) of the statutes is created to read:

AB810,53,25 940.09 (1g) (bg) Causes the death of another by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,130 Section 130. 940.09 (1g) (dg) of the statutes is created to read:

AB810,54,4 940.09 (1g) (dg) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,131 Section 131. 940.09 (1m) (a) of the statutes is amended to read:

AB810,54,11 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any combination of sub. (1g) (a), (am), or (b), or (bg) or; any combination of sub. (1g) (c), (cm), or (d), or (dg) for acts arising out of the same incident or occurrence.

AB810,132 Section 132. 940.09 (1m) (b) of the statutes is amended to read:

AB810,54,22 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require proof of a fact for conviction which the others do not require.

AB810,133 Section 133. 940.09 (2) (a) of the statutes is amended to read:

AB810,55,5 940.09 (2) (a) In any action under this section, the defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).

AB810,134 Section 134. 940.09 (2) (b) of the statutes is amended to read:

AB810,55,16 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that is based on the defendant allegedly having a detectable amount of methamphetamine or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in his or her blood or in any action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol.

AB810,135 Section 135. 940.25 (1) (bg) of the statutes is created to read:

AB810,55,20 940.25 (1) (bg) Causes great bodily harm to another human being by the operation of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,136 Section 136. 940.25 (1) (dg) of the statutes is created to read:

AB810,55,24 940.25 (1) (dg) Causes great bodily harm to an unborn child by the operation of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,137 Section 137. 940.25 (1m) of the statutes is amended to read:

AB810,56,5 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of sub. (1) (c), (cm), or (d), or (dg); or any combination of sub. (1) (c), (cm), (dg), or (e) for acts arising out of the same incident or occurrence.

AB810,56,13 (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require.

AB810,138 Section 138. 940.25 (2) of the statutes is amended to read:

AB810,56,21 940.25 (2) (a) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e).

AB810,57,4 (b) In any action under this section that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or in any action under this section that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB810,139 Section 139. 941.20 (1) (bg) of the statutes is created to read:

AB810,57,10 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a defense to any action under this paragraph if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol.

AB810,140 Section 140. 941.20 (1) (bm) of the statutes is amended to read:

AB810,57,20 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB810,141 Section 141. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended to read:

AB810,58,8 961.70 (3) "Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not, with a concentration of tetrahydrocannabinols that is greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. "Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

AB810,142 Section 142. 961.14 (4) (t) of the statutes is repealed.

AB810,143 Section 143. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read:

AB810,58,12 961.75 (title) Controlled substances Marijuana therapeutic research.

AB810,144 Section 144. 961.41 (1) (h) of the statutes is repealed.

AB810,145 Section 145. 961.41 (1m) (h) of the statutes is repealed.

AB810,146 Section 146. 961.41 (1q) of the statutes is repealed.

AB810,147 Section 147. 961.41 (1r) of the statutes is amended to read:

AB810,59,2 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or tetrahydrocannabinols or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

AB810,148 Section 148. 961.41 (3g) (c) of the statutes is amended to read:

AB810,59,13 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB810,149 Section 149. 961.41 (3g) (d) of the statutes is amended to read:

AB810,60,3 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone, methylenedioxypyrovalerone, 4-methylmethcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone, methylenedioxypyrovalerone, 4-methylmethcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB810,150 Section 150. 961.41 (3g) (e) of the statutes is repealed.

AB810,151 Section 151. 961.41 (3g) (em) of the statutes is amended to read:

AB810,60,16 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb) to (ty), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb) to (ty), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB810,152 Section 152. 961.47 (1) of the statutes is amended to read:

AB810,61,8 961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.

AB810,153 Section 153. 961.48 (3) of the statutes is amended to read:

AB810,61,15 961.48 (3) For purposes of this section, a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant, or hallucinogenic drugs.

AB810,154 Section 154. 961.48 (5) of the statutes is amended to read:

AB810,61,18 961.48 (5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).

AB810,155 Section 155. 961.49 (1m) (intro.) of the statutes is amended to read:

AB810,62,2 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB810,156 Section 156. 961.571 (1) (a) 7. of the statutes is repealed.

AB810,157 Section 157. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

AB810,62,7 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

AB810,158 Section 158. 961.571 (1) (a) 11. e. of the statutes is repealed.

AB810,159 Section 159. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

AB810,160 Section 160. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

AB810,62,12 Chapter 961

AB810,62,13 Subchapter VIII

AB810,62,14 regulation of Marijuana

AB810,62,15 961.70 Definitions. In this subchapter:

AB810,62,16 (1) "Legal age" means 21 years of age.

AB810,62,17 (3c) "Marijuana-infused product" has the meaning given in s. 139.97 (7).

AB810,62,18 (3g) "Permissible amount" means one of the following:

AB810,62,21 (a) For a person who is a resident of Wisconsin, an amount that does not exceed one-half an ounce of useable marijuana, 8 ounces of marijuana-infused product in solid form, or 36 ounces of marijuana-infused product in liquid form.

AB810,62,24 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter an ounce of useable marijuana, 4 ounces of marijuana-infused product in solid form, or 18 ounces of marijuana-infused product in liquid form.

AB810,62,25 (3m) "Permittee" has the meaning given under s. 139.97 (9).

AB810,63,5 (4) "Tetrahydrocannabinols concentration" means percent of delta-9-tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

AB810,63,6 (5) "Underage person" means a person who has not attained the legal age.

AB810,63,7 (6) "Useable marijuana" has the meaning given in s. 139.97 (12).

AB810,63,9 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or transfer marijuana to any underage person.

AB810,63,11 2. No permittee may directly or indirectly permit an underage person to enter or be on a permitted premises in violation of sub. (2) (d).

AB810,63,14 (b) A permittee who violates par. (a) may be subject to a forfeiture of not more than $500 and to a suspension of the permittee's permit for an amount of time not to exceed 30 days.

AB810,63,19 (c) In determining whether a permittee has violated par. (a), all relevant circumstances surrounding the presence of the underage person or the selling, transferring, or distributing of marijuana may be considered. In addition, proof of all of the following facts by a permittee regarding a sale to an underage person is a defense to any prosecution for a violation of par. (a):