LRB-3671/1
CMH/JK/EVM:sac:jf
2013 - 2014 LEGISLATURE
February 24, 2014 - Introduced by Representatives Sargent, Ohnstad, Berceau,
Clark, Pope and Hulsey, cosponsored by Senator Harris. Referred to
Committee on Criminal Justice.
AB810,3,2 1An Act to repeal 23.33 (1) (jo) 5., 30.50 (10m) (e), 340.01 (50m) (e), 350.01 (10v)
2(e), 885.235 (1) (d) 5., 939.22 (33) (e), 961.14 (4) (t), 961.41 (1) (h), 961.41 (1m)
3(h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7., 961.571 (1) (a) 11. e., 961.571
4(1) (a) 11. k. and L. and 967.055 (1m) (b) 5.; to renumber 30.681 (1) (bn); to
5renumber and amend
961.01 (14) and 961.34; to amend 23.33 (1) (jo) 1.,
623.33 (4c) (a) 4., 23.33 (4c) (a) 5., 23.33 (4c) (b) 3., 23.33 (4c) (b) 4. a., 23.33 (4c)
7(b) 4. b., 23.33 (4p) (d), 23.33 (13) (b) 1., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 23.33
8(13) (e), 30.50 (10m) (a), 30.681 (1) (b) (title), 30.681 (1) (bn) (title), 30.681 (1)
9(c), 30.681 (1) (d), 30.681 (2) (b) (title), 30.681 (2) (c), 30.681 (2) (d) 1. a., 30.681
10(2) (d) 1. b., 30.684 (4), 30.80 (6) (d), 59.54 (25), 66.0107 (1) (bm), 85.53 (1) (d),
11139.87 (7), 340.01 (50m) (a), 343.10 (5) (a) 1., 343.10 (5) (a) 2., 343.12 (7) (a) 11.,
12343.16 (2) (b), 343.16 (5) (a), 343.30 (1p), 343.30 (1q) (h), 343.305 (2), 343.305
13(3) (a), 343.305 (3) (am), 343.305 (3) (ar) 1., 343.305 (3) (b), 343.305 (5) (b),
14343.305 (5) (d), 343.305 (7) (a), 343.305 (8) (b) 2. bm., 343.305 (8) (b) 2. d.,

1343.305 (8) (b) 4m. a., 343.305 (8) (b) 5. b., 343.305 (8) (b) 6. b., 343.305 (9) (a)
25. a., 343.305 (9) (am) 5. a., 343.305 (9) (am) 5. c., 343.305 (9) (d), 343.305 (10)
3(em), 343.307 (1) (d), 343.307 (2) (e), 343.31 (1) (am), 343.31 (2), 343.315 (2) (a)
42., 343.315 (2) (a) 5., 343.315 (2) (a) 6., 343.315 (2) (bm) 2., 343.32 (2) (bj),
5344.576 (2) (b), 346.63 (1) (b), 346.63 (1) (d), 346.63 (2) (a) 2., 346.63 (2) (b) 1.,
6346.63 (2) (b) 2., 346.65 (2m) (a), 346.65 (2q), 349.03 (2m), 349.06 (1m), 350.01
7(10v) (a), 350.101 (1) (d), 350.101 (1) (e), 350.101 (2) (c), 350.101 (2) (d) 1.,
8350.101 (2) (d) 2., 350.104 (4), 350.11 (3) (d), 885.235 (1) (d) 1., 885.235 (1g)
9(intro.), 885.235 (1m), 885.235 (4), 895.047 (3) (a), 905.04 (4) (f), 939.22 (33) (a),
10940.09 (1m) (a), 940.09 (1m) (b), 940.09 (2) (a), 940.09 (2) (b), 940.25 (1m),
11940.25 (2), 941.20 (1) (bm), 961.41 (1r), 961.41 (3g) (c), 961.41 (3g) (d), 961.41
12(3g) (em), 961.47 (1), 961.48 (3), 961.48 (5), 961.49 (1m) (intro.), 961.571 (1) (a)
1311. (intro.), 967.055 (1) (a), 967.055 (1) (b), 967.055 (1m) (b) 1., 967.055 (2) (a),
14971.365 (1) (a), 971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); and to create
1520.566 (1) (v), 23.33 (1) (k), 23.33 (4c) (a) 2g., 23.33 (4c) (a) 3g., 23.33 (4c) (b) 2n.,
1625.56, 30.50 (13p), 30.681 (1) (b) 1g., 30.681 (1) (bn) 2., 30.681 (2) (b) 1g.,
17subchapter V (title) of chapter 139 [precedes 139.97], 139.97, 139.971, 139.972,
18139.973, 139.974, 139.975, 139.976, 139.977, 139.978, 340.01 (66m), 343.305 (5)
19(dm), 346.63 (2p), 350.01 (21g), 350.101 (1) (bg), 350.101 (1) (cg), 350.101 (2)
20(bg), 885.235 (1) (e), 885.235 (1g) (ag), 885.235 (1g) (cg), 885.235 (1L), 939.22
21(39g), 940.09 (1) (bg), 940.09 (1) (dg), 940.09 (1g) (bg), 940.09 (1g) (dg), 940.25
22(1) (bg), 940.25 (1) (dg), 941.20 (1) (bg) and subchapter VIII of chapter 961
23[precedes 961.70] of the statutes; relating to: marijuana possession,
24regulation of marijuana distribution, operating a motor vehicle while under the

1influence of marijuana, making an appropriation, requiring the exercise of
2rule-making authority, and providing penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from manufacturing, distributing, or delivering
marijuana; possessing marijuana with the intent to manufacture, distribute, or
deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;
or possessing drug paraphernalia with the intent to produce, distribute, or use a
controlled substance. This bill changes state law so that state law permits a
Wisconsin resident who is over the age of 21 to possess no more than one-half an
ounce of marijuana, 8 ounces of marijuana-infused product in solid form, or 36
ounces of marijuana-infused product in liquid form and so that state law permits a
nonresident of Wisconsin who is over the age of 21 to possess no more than a quarter
ounce of marijuana, 4 ounces of marijuana-infused product in solid form, or 18
ounces of marijuana-infused product in liquid form. This bill also eliminates the
prohibition on possessing or using drug paraphernalia that relates to marijuana
consumption. A person who possesses more than the maximum amount but not more
than 20 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or
imprisonment not to exceed 90 days or both and a person who possesses more than
20 grams of marijuana is guilty of a Class I felony. In addition, under the bill, the
cultivation of marijuana is a Class I felony and the use of marijuana in public is
subject to a civil forfeiture of not more than $100.
This bill also creates a process by which a person may obtain a permit to sell
marijuana. Under this bill, a person who does not have a permit to sell marijuana
may not sell, distribute, or transfer marijuana, or possess marijuana with the intent
to sell or distribute it. A person who violates the prohibition is guilty of a Class I
felony except that the felony classification increases to a Class H felony if the person
sells, distributes, or transfers the marijuana to a person who is under the age of 21
(minor) and the person is at least three years older than the minor.
This bill prohibits a permittee from selling, distributing, or transferring
marijuana to a minor and from permitting a minor to be on premises for which a
permit is issued. If a permittee violates one of those prohibitions, the permittee may
be subject to a civil forfeiture of not more than $500 and the permit may be suspended
for up to 30 days.
Under this bill, a minor who does any of the following is subject to a forfeiture
of not less than $250 nor more than $500: procures or attempts to procure marijuana
from a permittee; falsely represents his or her age to receive marijuana from a
permittee; knowingly possesses marijuana; or knowingly enters any premises for
which a permit has been issued.
This bill changes state law regarding marijuana. It does not affect federal law,
which generally prohibits persons from manufacturing, delivering, or possessing
marijuana and applies to both intrastate and interstate violations.

For further information see the state and 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:
AB810,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB810,2 3Section 2. 20.566 (1) (v) of the statutes is created to read:
AB810,4,84 20.566 (1) (v) Administration and enforcement of marijuana tax and
5regulation.
From the marijuana fund, the amounts in the schedule for the purposes
6of administering the marijuana tax imposed under subch. V of ch. 139 and for the
7costs incurred in enforcing the taxing and regulation of marijuana producers,
8marijuana processors, and marijuana retailers under subch. V of ch. 139.
AB810,3 9Section 3. 23.33 (1) (jo) 1. of the statutes is amended to read:
AB810,4,1110 23.33 (1) (jo) 1. A controlled substance included in schedule I under ch. 961
11other than a tetrahydrocannabinol.
AB810,4 12Section 4. 23.33 (1) (jo) 5. of the statutes is repealed.
AB810,5 13Section 5. 23.33 (1) (k) of the statutes is created to read:
AB810,4,1514 23.33 (1) (k) "Tetrahydrocannabinols concentration" means the number of
15nanograms of tetrahydrocannabinols per milliliter of blood.
AB810,6 16Section 6. 23.33 (4c) (a) 2g. of the statutes is created to read:
AB810,5,4
123.33 (4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or
2above specified levels.' No person may engage in the operation of an all-terrain
3vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols
4concentration of 5.0 or more.
AB810,7 5Section 7. 23.33 (4c) (a) 3g. of the statutes is created to read:
AB810,5,106 23.33 (4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at
7specified levels; below age 21.' If a person has not attained the age of 21, the person
8may not engage in the operation of an all-terrain vehicle or utility terrain vehicle
9while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less
10than 5.0.
AB810,8 11Section 8. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB810,5,2012 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
13prosecutor may proceed upon a complaint based upon a violation of any combination
14of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If
15the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the
16offenses shall be joined. If the person is found guilty of any combination of subd. 1.,
172., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be
18a single conviction for purposes of sentencing and for purposes of counting
19convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require
20proof of a fact for conviction which the others do not require.
AB810,9 21Section 9. 23.33 (4c) (a) 5. of the statutes is amended to read:
AB810,6,522 23.33 (4c) (a) 5. `Defenses.' In an action under subd. 2m. that is based on the
23defendant allegedly having a detectable amount of methamphetamine, or
24gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
25in an action under subd. 2g. or 3g. that is based on the defendant allegedly having

1a prohibited tetrahydrocannabinols concentration in his or her blood
, the defendant
2has a defense if he or she proves by a preponderance of the evidence that at the time
3of the incident or occurrence he or she had a valid prescription for methamphetamine
4or one of its metabolic precursors, gamma-hydroxybutyric acid, or
5delta-9-tetrahydrocannabinol.
AB810,10 6Section 10. 23.33 (4c) (b) 2n. of the statutes is created to read:
AB810,6,107 23.33 (4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols
8concentration at or above specified levels.' No person who has a
9tetrahydrocannabinols concentration of 5.0 or more may cause injury to another
10person by the operation of an all-terrain vehicle or utility terrain vehicle.
AB810,11 11Section 11. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB810,6,2112 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
13prosecutor may proceed upon a complaint based upon a violation of any combination
14of subd. 1., 2., or 2m., or 2n. for acts arising out of the same incident or occurrence.
15If the person is charged with violating any combination of subd. 1., 2., or 2m., or 2n.
16in the complaint, the crimes shall be joined under s. 971.12. If the person is found
17guilty of any combination of subd. 1., 2., or 2m. , or 2n. for acts arising out of the same
18incident or occurrence, there shall be a single conviction for purposes of sentencing
19and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
201., 2., and 2m., and 2n. each require proof of a fact for conviction which the others do
21not require.
AB810,12 22Section 12. 23.33 (4c) (b) 4. a. of the statutes is amended to read:
AB810,7,423 23.33 (4c) (b) 4. a. In an action under this paragraph, the defendant has a
24defense if he or she proves by a preponderance of the evidence that the injury would
25have occurred even if he or she had been exercising due care and he or she had not

1been under the influence of an intoxicant, did not have an alcohol concentration of
20.08 or more, or did not have a detectable amount of a restricted controlled substance
3in his or her blood, or did not have a tetrahydrocannabinols concentration of 5.0 or
4more
.
AB810,13 5Section 13. 23.33 (4c) (b) 4. b. of the statutes is amended to read:
AB810,7,146 23.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant
7allegedly having a detectable amount of methamphetamine, or
8gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
9in an action under subd. 2n. that is based on the defendant allegedly having a
10prohibited tetrahydrocannabinols concentration in his or her blood
, the defendant
11has a defense if he or she proves by a preponderance of the evidence that at the time
12of the incident or occurrence he or she had a valid prescription for methamphetamine
13or one of its metabolic precursors, gamma-hydroxybutyric acid, or
14delta-9-tetrahydrocannabinol.
AB810,14 15Section 14. 23.33 (4p) (d) of the statutes is amended to read:
AB810,8,216 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results
17of a chemical test required or administered under par. (a), (b) or (c) are admissible
18in any civil or criminal action or proceeding arising out of the acts committed by a
19person alleged to have violated the intoxicated operation of an all-terrain vehicle or
20utility terrain vehicle law on the issue of whether the person was under the influence
21of an intoxicant or the issue of whether the person had alcohol concentrations or
22tetrahydrocannabinols concentrations
at or above specified levels or a detectable
23amount of a restricted controlled substance in his or her blood. Results of these
24chemical tests shall be given the effect required under s. 885.235. This subsection

1does not limit the right of a law enforcement officer to obtain evidence by any other
2lawful means.
AB810,15 3Section 15. 23.33 (13) (b) 1. of the statutes is amended to read:
AB810,8,64 23.33 (13) (b) 1. Except as provided under subds. 2. and 3., a person who
5violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) shall forfeit not less than $150 nor
6more than $300.
AB810,16 7Section 16. 23.33 (13) (b) 2. of the statutes is amended to read:
AB810,8,138 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
9(4c) (a) 1., 2., 2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
10current violation, was convicted previously under the intoxicated operation of an
11all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
12less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
13nor more than 6 months.
AB810,17 14Section 17. 23.33 (13) (b) 3. of the statutes is amended to read:
AB810,8,2015 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e)
16and who, within 5 years prior to the arrest for the current violation, was convicted
172 or more times previously under the intoxicated operation of an all-terrain vehicle
18or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more
19than $2,000 and shall be imprisoned not less than 30 days nor more than one year
20in the county jail.
AB810,18 21Section 18. 23.33 (13) (e) of the statutes is amended to read:
AB810,9,622 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs,
23tetrahydrocannabinols
; assessment. In addition to any other penalty or order, a
24person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25
25if the violation involves the operation of an all-terrain vehicle or utility terrain

1vehicle, shall be ordered by the court to submit to and comply with an assessment
2by an approved public treatment facility for an examination of the person's use of
3alcohol, controlled substances or controlled substance analogs, or
4tetrahydrocannabinols
. The assessment order shall comply with s. 343.30 (1q) (c) 1.
5a. to c. Intentional failure to comply with an assessment ordered under this
6paragraph constitutes contempt of court, punishable under ch. 785.
AB810,19 7Section 19. 25.56 of the statutes is created to read:
AB810,9,10 825.56 Marijuana fund. There is established a separate nonlapsible trust
9fund, designated as the marijuana fund, consisting of all revenue from the fees,
10taxes, interest, and penalties under subch. V of ch. 139.
AB810,20 11Section 20. 30.50 (10m) (a) of the statutes is amended to read:
AB810,9,1312 30.50 (10m) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB810,21 14Section 21. 30.50 (10m) (e) of the statutes is repealed.
AB810,22 15Section 22. 30.50 (13p) of the statutes is created to read:
AB810,9,1716 30.50 (13p) "Tetrahydrocannabinols concentration" means the number of
17nanograms of tetrahydrocannabinols per milliliter of blood.
AB810,23 18Section 23. 30.681 (1) (b) (title) of the statutes is amended to read:
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:
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