AB810,9,2019 30.681 (1) (b) (title) Operating after using a controlled substance or, alcohol, or
20marijuana
.
AB810,24 21Section 24. 30.681 (1) (b) 1g. of the statutes is created to read:
AB810,9,2322 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.
AB810,25 24Section 25. 30.681 (1) (bn) (title) of the statutes is amended to read:
AB810,10,2
130.681 (1) (bn) (title) Operating with alcohol or tetrahydrocannabinols
2concentrations at specified levels; below legal
drinking age.
AB810,26 3Section 26. 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.
AB810,27 4Section 27. 30.681 (1) (bn) 2. of the statutes is created to read:
AB810,10,75 30.681 (1) (bn) 2. A person who has not attained the legal age, as defined in s.
6961.70 (1), 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.
AB810,28 8Section 28. 30.681 (1) (c) of the statutes is amended to read:
AB810,10,179 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.
AB810,29 18Section 29. 30.681 (1) (d) of the statutes is amended to read:
AB810,11,219 30.681 (1) (d) Defenses. In an action under par. (b) 1m. that is based on the
20defendant allegedly having a detectable amount of methamphetamine, or
21gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
22in an action under par. (b) 1g. or (bn) 2. that is based on the defendant allegedly
23having a prohibited tetrahydrocannabinols concentration in his or her blood
, the
24defendant has a defense if he or she proves by a preponderance of the evidence that
25at the time of the incident or occurrence he or she had a valid prescription for

1methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid,
2or delta-9-tetrahydrocannabinol.
AB810,30 3Section 30. 30.681 (2) (b) (title) of the statutes is amended to read:
AB810,11,54 30.681 (2) (b) (title) Causing injury after using a controlled substance or,
5alcohol
, or marijuana.
AB810,31 6Section 31. 30.681 (2) (b) 1g. of the statutes is created to read:
AB810,11,87 30.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration
8of 5.0 or more may cause injury to another person by the operation of a motorboat.
AB810,32 9Section 32. 30.681 (2) (c) of the statutes is amended to read:
AB810,11,1910 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
11may proceed upon a complaint based upon a violation of any combination of par. (a)
12or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
13person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.
14in the complaint, the crimes shall be joined under s. 971.12. If the person is found
15guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the
16same incident or occurrence, there shall be a single conviction for purposes of
17sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3.
18Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction
19which the others do not require.
AB810,33 20Section 33. 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB810,12,321 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
22intoxicated boating law where the defendant was operating a motorboat that is not
23a commercial motorboat, the defendant has a defense if he or she proves by a
24preponderance of the evidence that the injury would have occurred even if he or she
25had been exercising due care and he or she had not been under the influence of an

1intoxicant or did not have an alcohol concentration of 0.08 or more or a
2tetrahydrocannabinols concentration of 5.0 or more
or a detectable amount of a
3restricted controlled substance in his or her blood.
AB810,34 4Section 34. 30.681 (2) (d) 1. b. of the statutes is amended to read:
AB810,12,135 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
6allegedly having a detectable amount of methamphetamine, or
7gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
8in an action under par. (b) 1g. that is based on the defendant allegedly having a
9prohibited tetrahydrocannabinols concentration in his or her blood
, the defendant
10has a defense if he or she proves by a preponderance of the evidence that at the time
11of the incident or occurrence he or she had a valid prescription for methamphetamine
12or one of its metabolic precursors, gamma-hydroxybutyric acid, or
13delta-9-tetrahydrocannabinol.
AB810,35 14Section 35. 30.684 (4) of the statutes is amended to read:
AB810,12,2415 30.684 (4) Admissibility; effect of test results; other evidence. The results
16of a chemical test required or administered under sub. (1), (2) or (3) are admissible
17in any civil or criminal action or proceeding arising out of the acts committed by a
18person alleged to have violated the intoxicated boating law on the issue of whether
19the person was under the influence of an intoxicant or the issue of whether the person
20had alcohol concentrations or tetrahydrocannabinols concentrations at or above
21specified levels or a detectable amount of a restricted controlled substance in his or
22her blood. Results of these chemical tests shall be given the effect required under s.
23885.235. This section does not limit the right of a law enforcement officer to obtain
24evidence by any other lawful means.
AB810,36 25Section 36. 30.80 (6) (d) of the statutes is amended to read:
AB810,13,9
130.80 (6) (d) Alcohol, controlled substances or controlled substance analogs,
2tetrahydrocannabinols
; examination. In addition to any other penalty or order, a
3person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25
4if the violation involves the operation of a motorboat, shall be ordered by the court
5to submit to and comply with an assessment by an approved public treatment facility
6for an examination of the person's use of alcohol, controlled substances or controlled
7substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an
8assessment ordered under this paragraph constitutes contempt of court, punishable
9under ch. 785.
AB810,37 10Section 37. 59.54 (25) of the statutes is amended to read:
AB810,13,1911 59.54 (25) Possession Regulation of marijuana. The board may enact and
12enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as
13defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and
14provide a forfeiture for a violation of the ordinance; except that any person who is
15charged with possession of more than 25 grams of marijuana, or who is charged with
16possession of any amount of marijuana following a conviction for possession of
17marijuana, in this state shall not be prosecuted under this subsection
that is
18consistent with s. 961.71 or 961.72
. Any ordinance enacted under this subsection
19applies in every municipality within the county.
AB810,38 20Section 38. 66.0107 (1) (bm) of the statutes is amended to read:
AB810,14,221 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
2225 grams or less of marijuana, as defined in s. 961.01 (14), subject to the exceptions
23in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance;
24except that any person who is charged with possession of more than 25 grams of
25marijuana, or who is charged with possession of any amount of marijuana following

1a conviction for possession of marijuana, in this state shall not be prosecuted under
2this paragraph
that is consistent with s. 961.71 or 961.72.
AB810,39 3Section 39. 85.53 (1) (d) of the statutes is amended to read:
AB810,14,64 85.53 (1) (d) "Operating while intoxicated" means a violation of s. 346.63 (1) or,
5(2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
6940.09 (1) or 940.25.
AB810,40 7Section 40. 139.87 (7) of the statutes is amended to read:
AB810,14,108 139.87 (7) "Tetrahydrocannabinols" means a substance included in s. 961.14
9(4) (t)
in any form including tetrahydrocannabinols contained in marijuana,
10obtained from marijuana or chemically synthesized
.
AB810,41 11Section 41. Subchapter V (title) of chapter 139 [precedes 139.97] of the
12statutes is created to read:
AB810,14,1313 chapter 139
AB810,14,1414 subchapter v
AB810,14,1515 marijuana tax and regulation
AB810,42 16Section 42. 139.97 of the statutes is created to read:
AB810,14,17 17139.97 Definitions. In this subchapter:
AB810,14,18 18(1) "Department" means the department of revenue.
AB810,14,21 19(2) "Lot" means a definite quantity of marijuana, useable marijuana, or
20marijuana-infused product identified by a lot number, every portion or package of
21which is consistent with the factors that appear in the labeling.
AB810,14,23 22(3) "Lot number" means a number that specifies the person who holds a valid
23license under this subchapter and the harvesting or processing date for each lot.
AB810,14,24 24(4) "Marijuana" has the meaning given in s. 961.70 (3).
AB810,15,4
1(5) "Marijuana processor" means a person who processes marijuana into
2useable marijuana or marijuana-infused products, packages and labels useable
3marijuana or marijuana-infused products for sale in retail outlets, or sells useable
4marijuana or marijuana-infused products at wholesale to marijuana retailers.
AB810,15,6 5(6) "Marijuana producer" means a person who produces marijuana and sells
6it at wholesale to marijuana processors or other marijuana producers.
AB810,15,9 7(7) "Marijuana-infused product" means a product intended for human
8consumption that contains marijuana or marijuana extracts, not including useable
9marijuana.
AB810,15,11 10(8) "Marijuana retailer" means a person who sells useable marijuana or
11marijuana-infused products at a retail outlet.
AB810,15,13 12(9) "Permittee" means a marijuana producer, marijuana processor, or
13marijuana retailer who is issued a permit under s. 139.972.
AB810,15,15 14(10) "Retail outlet" means a location for the retail sale of useable marijuana or
15marijuana-infused products.
AB810,15,16 16(11) "Sales price" has the meaning given in s. 77.51 (15b).
AB810,15,18 17(12) "Useable marijuana" means dried marijuana flowers, not including dried
18marijuana flowers that are part of any marijuana-infused product.
AB810,43 19Section 43. 139.971 of the statutes is created to read:
AB810,15,22 20139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
21producer at the rate of 25 percent of the sales price on each wholesale sale in this state
22of marijuana to a marijuana processor or to another marijuana producer.
AB810,15,2523 (b) An excise tax is imposed on a marijuana processor at the rate of 25 percent
24of the sales price on each wholesale sale in this state of useable marijuana or
25marijuana-infused product to a marijuana retailer.
AB810,16,3
1(c) An excise tax is imposed on a marijuana retailer at the rate of 25 percent
2of the sales price on each retail sale in this state of useable marijuana or
3marijuana-infused product.
AB810,16,8 4(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
5to the department no later than the 15th day of the month following the month in
6which the person's tax liability is incurred and shall include with the payment a
7return on a form prescribed by the department. The department shall deposit all
8taxes collected under this section into the marijuana fund.
AB810,44 9Section 44. 139.972 of the statutes is created to read:
AB810,16,13 10139.972 Permits required. (1) (a) No person may operate in this state as a
11marijuana producer, marijuana processor, or marijuana retailer without first filing
12an application for and obtaining the proper permit from the department to perform
13such operations.
AB810,16,1614 (b) This section applies to all officers, directors, agents, and stockholders
15holding 5 percent or more of the stock of any corporation applying for a permit under
16this section.
AB810,16,1817 (c) Subject to ss. 111.321, 111.322, and 111.335, no permit under this section
18may be granted to any person to whom any of the following applies:
AB810,16,2019 1. The person has been convicted of a misdemeanor, not involving chs. 340 to
20349, at least 3 times.
AB810,16,2121 2. The person has been convicted of a felony, unless pardoned.
AB810,16,2322 3. The person is addicted to the use of a controlled substance or controlled
23substance analog under ch. 961.
AB810,16,2524 4. The person has income which comes principally from gambling or has been
25convicted of 2 or more gambling offenses.
AB810,17,1
15. The person has been guilty of crimes relating to prostitution.
AB810,17,32 6. The person has been guilty of crimes relating to loaning money or anything
3of value to persons holding licenses or permits pursuant to ch. 125.
AB810,17,44 7. The person is under the age of 21.
AB810,17,65 8. The person has not been a resident of this state continuously for at least 90
6days prior to the application date.
AB810,17,147 (d) 1. Before the department issues a new or renewed permit under this section,
8the department shall give notice of the permit application to the governing body of
9the municipality where the the permit applicant intends to operate a retail outlet or
10other premises of a marijuana producer, marijuana processor, or marijuana retailer.
11No later than 30 days after the department submits the notice, the governing body
12of the municipality may file with the department a written objection to granting or
13renewing the permit. At the municipality's request, the department may extend the
14period for filing objections.
AB810,18,215 2. A written objection filed under subd. 1. shall provide all the facts on which
16the objection is based. In determining whether to grant or deny a permit for which
17an objection has been filed under this paragraph, the department shall give
18substantial weight to objections from a municipality based on chronic illegal activity
19associated with the premises for which the applicant seeks a permit, the premises
20of any other operation in this state for which the applicant holds or has held a valid
21permit or license, or the conduct of the applicant's patrons inside or outside the
22premises of any other operation in this state for which the applicant holds or has held
23a valid permit or license. In this subdivision, "chronic illegal activity" means a
24pervasive pattern of activity that threatens the public health, safety, and welfare of
25the municipality, including any crime or ordinance violation, and is documented in

1crime statistics, police reports, emergency medical response data, calls for service,
2field data, or similar law enforcement agency records.
AB810,18,73 (e) After denying a permit, the department shall immediately notify the
4applicant in writing of the denial and the reasons for the denial. After making a
5decision to grant or deny a permit for which a municipality has filed an objection
6under par. (d), the department shall immediately notify the governing body of the
7municipality in writing of its decision and the reasons for the decision.
AB810,18,98 (f) 1. The department's denial of a permit under this section is subject to judicial
9review under ch. 227.
AB810,18,1110 2. The department's decision to grant a permit under this section regardless of
11an objection filed under par. (d) is subject to judicial review under ch. 227.
AB810,18,1312 (g) The department shall not issue a permit under this section to any person
13who does not hold a valid certificate under s. 73.03 (50).
AB810,18,22 14(2) Each person who applies for a permit under this section shall submit with
15the application a $250 fee. Each person who is granted a permit under this section
16shall annually pay to the department a $1,000 fee for as long as the person holds a
17valid permit under this section. A permit issued under this section is valid for one
18year and may be renewed, except that the department may revoke or suspend a
19permit prior to it's expiration. A person is not entitled to a refund of the fees paid
20under this subsection if the person's permit is denied, revoked, or suspended. The
21department shall deposit the fees collected under this subsection into the marijuana
22fund.
AB810,19,2 23(3) The department may not issue a permit under this section to operate any
24premises which are within 1,000 feet of the perimeter of the grounds of any

1elementary or secondary school, playground, recreation facility, child care facility,
2public park, public transit facility, or library.
AB810,19,11 3(4) Under this section, a separate permit is required for and issued to each class
4of permittee and the permit holder shall perform only the operations authorized by
5the permit. A permit issued under this section is not transferrable from one person
6to another or from one premises to another. A separate permit is required for each
7place in this state where the operations of a marijuana producer, marijuana
8processor, or marijuana retailer occur, including each retail outlet. No person who
9has been issued a permit to operate as a marijuana retailer, or who has any direct
10or indirect financial interest in the operation of a marijuana retailer, shall be issued
11a permit to operate as a marijuana producer or marijuana processor.
AB810,19,13 12(5) Each person issued a permit under this section shall post the permit in a
13conspicuous place on the premises to which the permit relates.
AB810,45 14Section 45. 139.973 of the statutes is created to read:
AB810,19,17 15139.973 Regulation. (1) No person who is issued a permit under s. 139.972
16may employ a person who is under the age of 21 to work in the business to which the
17permit relates.
AB810,19,20 18(2) A retail outlet shall sell no products or services other than useable
19marijuana, marijuana-infused products, or paraphernalia intended for the storage
20or use of useable marijuana or marijuana-infused products.
AB810,19,22 21(3) No marijuana retailer may allow a person who is under the age of 21 to enter
22or remain on the premises of a retail outlet.
AB810,19,25 23(4) The maximum amount of useable marijuana or marijuana-infused product
24that a retail outlet may sell to an individual consumer in a single transaction may
25not exceed the permissible amount under s. 961.70 (3g).
AB810,20,4
1(5) No marijuana retailer may display any signage in a window, on a door, or
2on the outside of the premises of a retail outlet that is visible to the general public
3from a public right-of-way, other than a single sign that is no larger than 1,600
4square inches identifying the retail outlet by the permittee's business or trade name.
AB810,20,7 5(6) No marijuana retailer may display useable marijuana or
6marijuana-infused products in a manner that is visible to the general public from
7a public right-of-way.
AB810,20,10 8(7) No marijuana retailer or employee of a retail outlet may consume, or allow
9to be consumed, any useable marijuana or marijuana-infused product on the
10premises of the retail outlet.
AB810,20,14 11(8) No marijuana producer, marijuana processor, or marijuana retailer may
12place or maintain, or cause to be placed or maintained, an advertisement of useable
13marijuana or a marijuana-infused product in any form or through any medium in
14any of the following locations:
AB810,20,1715 (a) Within 1,000 feet of the perimeter of the grounds of any elementary or
16secondary school, playground, recreation facility, child care facility, public park,
17public transit facility, or library.
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