AB810: Bill Text

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 of the statutes is repealed.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 e. of the statutes is repealed.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 k. and L. of the statutes are repealed.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):

AB810,63,21 1. That the purchaser falsely represented that he or she had attained the legal age.

AB810,63,23 2. That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal age.

AB810,64,3 3. That the sale was made in good faith and in reliance on the representation and appearance of the purchaser in the belief that the purchaser had attained the legal age.

AB810,64,5 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

AB810,64,7 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB810,64,8 (a) Procures or attempts to procure marijuana from a permittee.

AB810,64,10 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

AB810,64,11 (c) Knowingly possesses or consumes marijuana.

AB810,64,13 (d) Knowingly enters or attempts to enter or be on any premises for which a permit has been issued.

AB810,64,15 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

AB810,64,18 (a) Permits or fails to take action to prevent the illegal consumption of marijuana by an individual who has not attained the legal age on premises owned by the actor or under the actor's control.

AB810,64,19 (b) Encourages or contributes to a violation of sub. (2) (a).

AB810,64,22 961.72 Restrictions; penalties. (1) An individual who is not a permittee who sells, distributes, or transfers marijuana, or possesses marijuana with the intent to sell or distribute it, is guilty of the following:

AB810,64,23 (a) Except as provided in par. (b), a Class I felony.

AB810,65,3 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or transferred has not attained the legal age and the actual or intended seller, distributor, or transferor is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or transferred, a Class H felony.

AB810,65,7 (2) (a) An individual who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount but does not exceed 20 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

AB810,65,9 (b) An individual who is not a permittee who possesses an amount of marijuana that exceeds 20 grams of marijuana is guilty of a Class I felony.

AB810,65,11 (c) An individual who is not a permittee who cultivates marijuana is guilty of a Class I felony.

AB810,65,13 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB810,161 Section 161. 967.055 (1) (a) of the statutes is amended to read:

AB810,66,2 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or having a tetrahydrocannabinols concentration of 5.0 or greater, offenses concerning the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, and offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

AB810,162 Section 162. 967.055 (1) (b) of the statutes is amended to read:

AB810,66,12 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or greater.

AB810,163 Section 163. 967.055 (1m) (b) 1. of the statutes is amended to read:

AB810,66,15 967.055 (1m) (b) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB810,164 Section 164. 967.055 (1m) (b) 5. of the statutes is repealed.

AB810,165 Section 165. 967.055 (2) (a) of the statutes is amended to read:

AB810,67,13 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, in deterring the operation of motor vehicles by persons with a tetrahydrocannabinols concentration that is 5.0 or greater, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB810,166 Section 166. 971.365 (1) (a) of the statutes is amended to read:

AB810,67,18 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB810,167 Section 167. 971.365 (1) (b) of the statutes is amended to read:

AB810,67,23 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB810,168 Section 168. 971.365 (1) (c) of the statutes is amended to read:

AB810,68,4 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB810,169 Section 169. 971.365 (2) of the statutes is amended to read:

AB810,68,11 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (f), or (g), or (h), (1m) (cm), (d), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

AB810,170 Section 170. Effective date.

AB810,68,14 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB810,68,15 (End)