AB224,84,2
11. That the underage person falsely represented that he or she had attained the
2legal age.
AB224,84,43 2. That the appearance of the underage person was such that an ordinary and
4prudent person would believe that the underage person had attained the legal age.
AB224,84,75 3. That the action was made in good faith and in reliance on the representation
6and appearance of the underage person in the belief that the underage person had
7attained the legal age.
AB224,84,98 4. That the underage person supported the representation under subd. 1. with
9documentation that he or she had attained the legal age.
AB224,84,11 10(2) Any underage person who does any of the following is subject to a forfeiture
11of not less than $250 nor more than $500:
AB224,84,1212 (a) Procures or attempts to procure marijuana from a permittee.
AB224,84,1413 (b) Falsely represents his or her age for the purpose of receiving marijuana from
14a permittee.
AB224,84,1615 (c) Knowingly possesses or consumes marijuana, except that this paragraph
16does not apply to an underage person who is a qualifying patient.
AB224,84,1717 (d) Violates sub. (2m).
AB224,84,23 18(2m) An underage person not accompanied by his or her parent, guardian, or
19spouse who has attained the legal age may not enter, knowingly attempt to enter, or
20be on the premises of a retail outlet that is not a compassion center. An underage
21person not accompanied by his or her parent, guardian, or spouse who has attained
22the legal age or by his or her treatment team may not enter, knowingly attempt to
23enter, or be on the premises of a compassion center.
AB224,84,25 24(3) An individual who has attained the legal age and who knowingly does any
25of the following may be subject to a forfeiture that does not exceed $1,000:
AB224,85,2
1(a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
2owned by the individual or under the individual's control.
AB224,85,33 (b) Encourages or contributes to a violation of sub. (2) (a).
AB224,85,10 4961.72 Restrictions; penalties. (1) No person except a permittee or a
5compassion center may sell, or possess with the intent to sell, marijuana. No person
6may distribute or deliver, or possess with the intent to distribute or deliver,
7marijuana except a permittee or except a compassion center or a member of a
8treatment team who distributes or delivers, or possesses with the intent to distribute
9or deliver, to a qualifying patient. Any person who violates a prohibition under this
10subsection is guilty of the following:
AB224,85,1111 (a) Except as provided in par. (b), a Class I felony.
AB224,85,1512 (b) If the individual to whom the marijuana is, or is intended to be, sold,
13distributed, or delivered has not attained the legal age and the actual or intended
14seller, distributor, or deliverer is at least 3 years older than the individual to whom
15the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
AB224,85,19 16(2) (a) A person that is not a permittee or a compassion center who possesses
17an amount of marijuana that exceeds the permissible amount but does not exceed 28
18grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or
19imprisonment not to exceed 90 days or both.
AB224,85,2220 (b) A person who is not a permittee, a compassion center, a qualifying patient,
21or a treatment team member who possesses an amount of marijuana that exceeds 28
22grams of marijuana:
AB224,85,2323 1. Except as provided in subd. 2., a Class B misdemeanor.
AB224,85,2524 2. A Class I felony if the person has taken action to hide how much marijuana
25the person possesses and any of the following applies:
AB224,86,3
1a. The person has in place a system that could alert the person if law
2enforcement approaches an area that contains marijuana if the system exceeds a
3security system that would be used by a reasonable person in the person's region.
AB224,86,64 b. The person has in place a method of intimidating individuals who approach
5an area that contains marijuana if the method exceeds a method that would be used
6by a reasonable person in the person's region.
AB224,86,87 c. The person has rigged a system so that any individual approaching the area
8may be injured or killed by the system.
AB224,86,119 (c) A personal-use permit holder who is not a permittee, a compassion center,
10a qualifying patient, or a treatment team member who cultivates more than 12
11marijuana plants at one time is one of the following:
AB224,86,1312 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to
13exceed $1,000 or imprisonment not to exceed 90 days or both.
AB224,86,1514 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number
15of marijuana plants is more than 24.
AB224,86,1816 3. Guilty of a Class I felony if the number of marijuana plants is more than 24,
17if the individual has taken action to hide how many plants are being cultivated, and
18if any of the following applies:
AB224,86,2119 a. The person has in place a system that could alert the person if law
20enforcement approaches an area that contains plants if the system exceeds a security
21system that would be used by a reasonable person in the person's region.
AB224,86,2422 b. The person has in place a method of intimidating individuals who approach
23an area that contains plants if the method exceeds a method that would be used by
24a reasonable person in the person's region.
AB224,87,2
1c. The person has rigged a system so that any individual approaching the area
2that contains plants may be injured or killed by the system.
AB224,87,63 (d) No person except a personal-use permit holder, a qualifying patient, a
4member of a treatment team, a permittee, or a compassion center may cultivate
5marijuana plants. Any person who violates this prohibition must apply for a permit
6under s. 139.979; in addition, the person is one of the following:
AB224,87,87 1. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that
8is not more than twice the permitting fee under s. 139.979.
AB224,87,119 2. Except as provided in subds. 3. and 4., subject to a civil forfeiture not to
10exceed $1,000 or imprisonment not to exceed 90 days or both if the number of
11marijuana plants is more than 12.
AB224,87,1312 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number
13of marijuana plants is more than 24.
AB224,87,1614 4. Guilty of a Class I felony if the number of marijuana plants is more than 24,
15if the person has taken action to hide how many plants are being cultivated, and if
16any of the following applies:
AB224,87,1917 a. The person has in place a system that could alert the person if law
18enforcement approaches an area that contains plants if the system exceeds a security
19system that would be used by a reasonable person in the person's region.
AB224,87,2220 b. The person has in place a method of intimidating individuals who approach
21an area that contains plants if the method exceeds a method that would be used by
22a reasonable person in the person's region.
AB224,87,2423 c. The person has rigged a system so that any individual approaching the area
24that contains plants may be injured or killed by the system.
AB224,88,2
1(e) Whoever uses or displays marijuana in a public space is subject to a civil
2forfeiture of not more than $100.
AB224,88,6 3(3) Any person except a compassion center or a treatment team that sells,
4distributes, or delivers a product that is intended for human consumption that
5contains marijuana or marijuana extracts, not including usable marijuana, and that
6is a product that is edible is guilty of a Class A misdemeanor.
AB224,88,8 7(4) Any person except a compassion center who sells or attempts to sell
8marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.
AB224,182 9Section 182. 967.055 (1) (a) of the statutes is amended to read:
AB224,88,2110 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution
11of offenses concerning the operation of motor vehicles by persons under the influence
12of an intoxicant, a controlled substance, a controlled substance analog or any
13combination of an intoxicant, controlled substance and controlled substance analog,
14under the influence of any other drug to a degree which renders him or her incapable
15of safely driving, or under the combined influence of an intoxicant and any other drug
16to a degree which renders him or her incapable of safely driving or having a
17prohibited alcohol concentration, as defined in s. 340.01 (46m), or having a
18tetrahydrocannabinols concentration of 5.0 or greater,
offenses concerning the
19operation of motor vehicles by persons with a detectable amount of a restricted
20controlled substance in his or her blood, and offenses concerning the operation of
21commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.
AB224,183 22Section 183. 967.055 (1) (b) of the statutes is amended to read:
AB224,89,623 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution
24of offenses concerning the operation of motorboats by persons under the influence of
25an intoxicant, a controlled substance, a controlled substance analog or any

1combination of an intoxicant, controlled substance and controlled substance analog
2to a degree which renders him or her incapable of operating a motorboat safely, or
3under the combined influence of an intoxicant and any other drug to a degree which
4renders him or her incapable of operating a motorboat safely or having an alcohol
5concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or
6greater
.
AB224,184 7Section 184. 967.055 (1m) (b) 1. of the statutes is amended to read:
AB224,89,98 967.055 (1m) (b) 1. A controlled substance included in schedule I under ch. 961
9other than a tetrahydrocannabinol.
AB224,185 10Section 185. 967.055 (1m) (b) 5. of the statutes is repealed.
AB224,186 11Section 186. 967.055 (2) (a) of the statutes is amended to read:
AB224,90,712 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
13or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
14therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
15use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
16to the court. The application shall state the reasons for the proposed amendment or
17dismissal. The court may approve the application only if the court finds that the
18proposed amendment or dismissal is consistent with the public's interest in deterring
19the operation of motor vehicles by persons who are under the influence of an
20intoxicant, a controlled substance, a controlled substance analog or any combination
21of an intoxicant, controlled substance and controlled substance analog, under the
22influence of any other drug to a degree which renders him or her incapable of safely
23driving, or under the combined influence of an intoxicant and any other drug to a
24degree which renders him or her incapable of safely driving, in deterring the
25operation of motor vehicles by persons with a detectable amount of a restricted

1controlled substance in his or her blood, in deterring the operation of motor vehicles
2by persons with a tetrahydrocannabinols concentration that is 5.0 or greater,
or in
3deterring the operation of commercial motor vehicles by persons with an alcohol
4concentration of 0.04 or more. The court may not approve an application to amend
5the vehicle classification from a commercial motor vehicle to a noncommercial motor
6vehicle unless there is evidence in the record that the motor vehicle being operated
7by the defendant at the time of his or her arrest was not a commercial motor vehicle.
AB224,187 8Section 187. 971.365 (1) (a) of the statutes is amended to read:
AB224,90,129 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
10(cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be
11prosecuted as a single crime if the violations were pursuant to a single intent and
12design.
AB224,188 13Section 188. 971.365 (1) (b) of the statutes is amended to read:
AB224,90,1714 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
15(1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may
16be prosecuted as a single crime if the violations were pursuant to a single intent and
17design.
AB224,189 18Section 189. 971.365 (1) (c) of the statutes is amended to read:
AB224,90,2219 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
20(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
21one violation, all violations may be prosecuted as a single crime if the violations were
22pursuant to a single intent and design.
AB224,190 23Section 190. 971.365 (2) of the statutes is amended to read:
AB224,91,424 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
25prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)

1(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
2or s. 961.41 (1) (cm), (d), (e), (f), or (g), or (h), (1m) (cm), (d), (e), (f), or (g), or (h) or (3g)
3(am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original
4charge.
AB224,191 5Section 191. Nonstatutory provisions.
AB224,91,116 (1) Joint legislative council study. The joint legislative council shall study
7the implementation of the marijuana tax and regulation provided under subchapter
8V of chapter 139 of the statutes and identify uses for the revenues deposited into the
9marijuana fund under section 25.56 of the statutes. The joint legislative council shall
10report its findings, conclusions, and recommendations to the joint committee on
11finance by December 31, 2016.
AB224,192 12Section 192. Effective date.
AB224,91,1413 (1) This act takes effect on the first day of the 6th month beginning after
14publication.
AB224,91,1515 (End)
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