LRB-0188/2
CMH/JK/EVM:sac&kjf
2015 - 2016 LEGISLATURE
May 19, 2015 - Introduced by Representatives Sargent,
Ohnstad, Pope, Johnson,
Brostoff, Zepnick, Bowen, Berceau, Kessler, Barnes, Subeck and
Hesselbein, cosponsored by Senators Harris Dodd, L. Taylor and C. Larson.
Referred to Committee on Criminal Justice and Public Safety.
AB224,3,7
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) and
5subchapter IV (title) of chapter 50 [precedes 50.90];
to renumber and amend
623.33 (4c) (a) 5., 30.681 (1) (d), 346.63 (1) (d), 350.101 (1) (e), 961.01 (14) and
7961.34;
to amend 20.435 (6) (jm), 23.33 (1) (jo) 1., 23.33 (4c) (a) 4., 23.33 (4c)
8(b) 3., 23.33 (4c) (b) 4. a., 23.33 (4c) (b) 4. b., 23.33 (4p) (d), 23.33 (13) (b) 1., 23.33
9(13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (e), 30.50 (10m) (a), 30.681 (1) (b) (title),
1030.681 (1) (bn) (title), 30.681 (1) (c), 30.681 (2) (b) (title), 30.681 (2) (c), 30.681
11(2) (d) 1. a., 30.681 (2) (d) 1. b., 30.684 (4), 30.80 (6) (d), 50.56 (3), 59.54 (25)
12(title), 59.54 (25) (a) (intro.), 66.0107 (1) (bm), 85.53 (1) (d), 139.87 (7), 146.40
13(1) (bo), 146.81 (1) (L), 146.997 (1) (d) 18., 149.14 (3) (nm), 289.33 (3) (d), 340.01
14(50m) (a), 343.10 (5) (a) 1., 343.10 (5) (a) 2., 343.12 (7) (a) 11., 343.16 (2) (b),
1343.16 (5) (a), 343.30 (1p), 343.30 (1q) (h), 343.305 (2), 343.305 (3) (a), 343.305
2(3) (am), 343.305 (3) (ar) 1., 343.305 (3) (b), 343.305 (5) (b), 343.305 (5) (d),
3343.305 (7) (a), 343.305 (8) (b) 2. bm., 343.305 (8) (b) 2. d., 343.305 (8) (b) 4m.
4a., 343.305 (8) (b) 5. b., 343.305 (8) (b) 6. b., 343.305 (9) (a) 5. a., 343.305 (9) (am)
55. a., 343.305 (9) (am) 5. c., 343.305 (9) (d), 343.305 (10) (em), 343.307 (1) (d),
6343.307 (2) (e), 343.31 (1) (am), 343.31 (2), 343.315 (2) (a) 2., 343.315 (2) (a) 5.,
7343.315 (2) (a) 6., 343.315 (2) (bm) 2., 343.32 (2) (bj), 344.576 (2) (b), 346.63 (1)
8(b), 346.63 (2) (a) 2., 346.63 (2) (b) 1., 346.63 (2) (b) 2., 346.65 (2m) (a), 346.65
9(2q), 349.02 (2) (b) 4., 349.03 (2m), 349.06 (1m), 350.01 (10v) (a), 350.101 (1) (d),
10350.101 (2) (c), 350.101 (2) (d) 1., 350.101 (2) (d) 2., 350.104 (4), 350.11 (3) (d),
11767.41 (5) (am) (intro.), 767.451 (5m) (a) (intro.), 885.235 (1) (d) 1., 885.235 (1g)
12(intro.), 885.235 (1m), 885.235 (4), 895.047 (3) (a), 905.04 (4) (f), 939.22 (33) (a),
13940.09 (1m) (a), 940.09 (1m) (b), 940.09 (2) (a), 940.09 (2) (b), 940.25 (1m),
14940.25 (2), 941.20 (1) (bm), 961.38 (1n), 961.41 (1r), 961.41 (3g) (c), 961.41 (3g)
15(d), 961.41 (3g) (em), 961.47 (1), 961.48 (3), 961.48 (5), 961.49 (1m) (intro.),
16961.571 (1) (a) 11. (intro.), 967.055 (1) (a), 967.055 (1) (b), 967.055 (1m) (b) 1.,
17967.055 (2) (a), 971.365 (1) (a), 971.365 (1) (b), 971.365 (1) (c) and 971.365 (2);
18and
to create 20.435 (1) (gq) and (jm), 20.566 (1) (v), 23.33 (1) (k), 23.33 (4c) (a)
192g., 23.33 (4c) (a) 3g., 23.33 (4c) (b) 2n., 25.56, 30.50 (13p), 30.681 (1) (b) 1g.,
2030.681 (1) (bn) 2., 30.681 (2) (b) 1g., subchapter V of chapter 50 [precedes 50.60],
2166.0408, subchapter V (title) of chapter 139 [precedes 139.97], 139.97, 139.971,
22139.972, 139.973, 139.974, 139.975, 139.976, 139.977, 139.978, 139.979,
23139.980, 146.44, 340.01 (66m), 343.305 (5) (dm), 346.63 (2p), 350.01 (21g),
24350.101 (1) (bg), 350.101 (1) (cg), 350.101 (2) (bg), 767.41 (5) (d), 767.451 (5m)
25(d), 885.235 (1) (e), 885.235 (1g) (ag), 885.235 (1g) (cg), 885.235 (1L), 939.22
1(39g), 940.09 (1) (bg), 940.09 (1) (dg), 940.09 (1g) (bg), 940.09 (1g) (dg), 940.25
2(1) (bg), 940.25 (1) (dg), 941.20 (1) (bg) and subchapter VIII of chapter 961
3[precedes 961.70] of the statutes;
relating to: marijuana possession,
4regulation of marijuana distribution and cultivation, medical marijuana,
5operating a motor vehicle while under the influence of marijuana, making
6appropriations, requiring the exercise of rule-making authority, and providing
7criminal 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 both
recreational use of marijuana and medical use of marijuana.
First, with respect to recreational use of marijuana, this bill changes state law
to permit a Wisconsin resident who is over the age of 21 to possess no more than
one-half an ounce of marijuana and to permit a nonresident of Wisconsin who is over
the age of 21 to possess no more than a quarter ounce of marijuana. Generally, a
person who possesses more than the maximum amount he or she is allowed to
possess, but not more than 28 grams of marijuana is subject to a civil forfeiture not
to exceed $1,000 or imprisonment not to exceed 90 days or both. A person who
possesses more than 28 grams of marijuana is guilty of a Class B misdemeanor,
except that, if the person takes action to hide the amount of marijuana he or she has
and the person has in place a security system to alert him or her to the presence of
law enforcement, a method of intimidation, or a trap that could injure or kill a person
approaching the area containing the marijuana, the person is guilty of a Class I
felony.
This bill prohibits the sale for recreational use of product intended for human
consumption that contains marijuana or marijuana extracts and that is edible. This
bill prohibits the sale of marijuana for recreational use via mail, telephone, or
Internet. A person who violates either of these prohibitions is guilty of a Class A
misdemeanor. This bill prohibits the use of marijuana in public. A person who
violates this prohibition is subject to a civil forfeiture of not more than $100. This
bill also eliminates the prohibition on possessing or using drug paraphernalia that
relates to marijuana consumption.
This bill also creates a process by which a person may obtain a permit to sell
marijuana for recreational use and pay a tax equal to 25 percent of the sales price.
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 for recreational use; or knowingly enters any
premises for which a permit has been issued without being accompanied by his or her
parent, guardian, or spouse who is at least 21 years of age.
In addition, under this bill, a person may obtain a permit for a $250 fee to
cultivate no more than 12 marijuana plants at one time. A permit is valid for one year
and may be renewed. A person without a permit who cultivates plants, and the
number of plants is not more than 12, is subject to a civil forfeiture that is no more
than twice the fee to obtain a permit. If any person cultivates more than 12 plants
at one time but not more than 24, the person is subject to a civil forfeiture not to
exceed $1,000 or imprisonment not to exceed 90 days or both. If any person cultivates
more than 24 plants at one time, the person is guilty of a Class B misdemeanor,
except that, if the person takes action to hide the number of plants he or she has and
the person has in place a security system to alert him or her to the presence of law
enforcement, a method of intimidation, or a trap that could injure or kill a person
approaching the area containing the plants, the person is guilty of a Class I felony.
With respect to the medical use of marijuana, this bill changes state law to
permit a person registered with the Department of Health Services (DHS) to use
marijuana for medical use to alleviate the symptoms or effects of a debilitating
medical condition or treatment. A person's primary caregiver also may acquire,
possess, cultivate, or transport marijuana for a person registered with DHS if it is
not practicable for the person to acquire, possess, cultivate, or transport marijuana
independently or the person is under the age of 18.
The bill requires DHS to establish a registry for persons who use marijuana for
medical use. Under the bill, a person may apply for a registry identification card by
submitting to DHS a signed application, a written certification by the person's
physician that the person has or is undergoing a debilitating medical condition or
treatment and that the potential benefits of the person's use of
tetrahydrocannabinols would likely outweigh the health risks for the person, and a
registration fee of not more than $150. DHS must verify the information and issue
the person a registry identification card. A registry identification card is generally
valid for two years and may be renewed. DHS may not disclose that it has issued to
a person a registry identification card, or information from an application for one,
except to a law enforcement agency for the purpose of verifying that a person
possesses a valid registry identification card. This bill also requires DHS to
promulgate a rule listing other jurisdictions that allow the medical use of marijuana
by a visiting person or allow a person to assist with a person's medical use of
marijuana. This bill treats documents issued by these entities the same as registry
identification cards issued by DHS.
The bill requires DHS to license and regulate nonprofit corporations, known as
compassion centers, that distribute or deliver marijuana or drug paraphernalia or
possess or manufacture marijuana or drug paraphernalia with the intent to deliver
or distribute to facilitate the medical use of marijuana. This bill prohibits
compassion centers from being located within 500 feet of a school, prohibits a
compassion center from distributing to a person more than 12 live marijuana plants
and three ounces of usable marijuana (maximum medicinal amount), and prohibits
an organization from possessing a quantity that exceeds, by an amount determined
by DHS, the total maximum medicinal amount of marijuana of all of the persons it
serves. An applicant for a license must pay an initial application fee of $250, and a
compassion center must pay an annual fee of $5,000. This bill also requires DHS to
register entities as tetrahydrocannabinols-testing laboratories. The laboratories
must test marijuana for contaminants; research findings on the use of medical
marijuana; and provide training on safe and efficient cultivation, harvesting,
packaging, labeling, and distribution of marijuana, security and inventory
accountability, and research on medical marijuana.
Finally, under current law, a person may not operate a vehicle with a detectable
amount of a restricted controlled substance, which includes
delta-9-tetrahydrocannabinol (THC), in his or her blood, regardless of impairment.
Penalties for violating this provision increase with the number of violations. Under
this bill, a person may not operate a vehicle with a THC concentration of 5.0 ng/mL
or more, instead of a detectable amount, in his or her blood. This bill does not change
the penalty structure.
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:
AB224,2
1Section
2. 20.435 (1) (gq) and (jm) of the statutes are created to read:
AB224,6,42
20.435
(1) (gq)
Medical marijuana registry. All moneys received from
3applicants, as defined in s. 146.44 (1) (a), as fees under s. 146.44 (2) (a) 4., for the
4purposes of the Medical Marijuana Registry Program under s. 146.44.
AB224,6,75
(jm)
Licensing and support services for compassion centers. All moneys
6received under s. 50.64 to regulate and license compassion centers under subch. V
7of ch. 50.
AB224,3
8Section
3. 20.435 (6) (jm) of the statutes is amended to read:
AB224,7,59
20.435
(6) (jm)
Licensing and support services. The amounts in the schedule
10for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm),
11and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and
12(5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and
13146.40 (4r) (b) and (er), and subch.
IV VI of ch. 50 and to conduct health facilities plan
14and rule development activities, for accrediting nursing homes, convalescent homes,
15and homes for the aged, to conduct capital construction and remodeling plan reviews
16under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or
17certifying, and approving facilities, issuing permits, and providing technical
18assistance, that are not specified under any other paragraph in this subsection. All
19moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025,
2050.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and
150.981, all moneys received from fees for the costs of inspecting, licensing or
2certifying, and approving facilities, issuing permits, and providing technical
3assistance, that are not specified under any other paragraph in this subsection, and
4all moneys received under s. 50.135 (2) shall be credited to this appropriation
5account.
AB224,4
6Section
4. 20.566 (1) (v) of the statutes is created to read:
AB224,7,117
20.566
(1) (v)
Administration and enforcement of marijuana tax and
8regulation. From the marijuana fund, the amounts in the schedule for the purposes
9of administering the marijuana tax imposed under subch. V of ch. 139 and for the
10costs incurred in enforcing the taxing and regulation of marijuana producers,
11marijuana processors, and marijuana retailers under subch. V of ch. 139.
AB224,5
12Section
5. 23.33 (1) (jo) 1. of the statutes is amended to read:
AB224,7,1413
23.33
(1) (jo) 1. A controlled substance included in schedule I under ch. 961
14other than a tetrahydrocannabinol.
AB224,6
15Section
6. 23.33 (1) (jo) 5. of the statutes is repealed.
AB224,7
16Section
7. 23.33 (1) (k) of the statutes is created to read:
AB224,7,1817
23.33
(1) (k) "Tetrahydrocannabinols concentration" means the number of
18nanograms of tetrahydrocannabinols per milliliter of blood.
AB224,8
19Section
8. 23.33 (4c) (a) 2g. of the statutes is created to read:
AB224,7,2320
23.33
(4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or
21above specified levels.' No person may engage in the operation of an all-terrain
22vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols
23concentration of 5.0 or more.
AB224,9
24Section
9. 23.33 (4c) (a) 3g. of the statutes is created to read:
AB224,8,5
123.33
(4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at
2specified levels; below age 21.' If a person has not attained the age of 21, the person
3may not engage in the operation of an all-terrain vehicle or utility terrain vehicle
4while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less
5than 5.0.
AB224,10
6Section
10. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB224,8,157
23.33
(4c) (a) 4. `Related charges.' A person may be charged with and a
8prosecutor may proceed upon a complaint based upon a violation of any combination
9of subd. 1., 2.,
2g., or 2m. for acts arising out of the same incident or occurrence. If
10the person is charged with violating any combination of subd. 1., 2.,
2g., or 2m., the
11offenses shall be joined. If the person is found guilty of any combination of subd. 1.,
122.,
2g., or 2m. for acts arising out of the same incident or occurrence, there shall be
13a single conviction for purposes of sentencing and for purposes of counting
14convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2.,
2g., and 2m. each require
15proof of a fact for conviction which the others do not require.
AB224,11
16Section
11. 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a.
17and amended to read:
AB224,8,2418
23.33
(4c) (a) 5. a. In an action under subd. 2m. that is based on the defendant
19allegedly having a detectable amount of methamphetamine
, or 20gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
21the defendant has a defense if he or she proves by a preponderance of the evidence
22that at the time of the incident or occurrence he or she had a valid prescription for
23methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
24acid
, or.
AB224,9,6
1b. In an action under subd. 2g. or 3g. that is based on the defendant allegedly
2having a prohibited tetrahydrocannabinols concentration, the defendant has a
3defense if he or she proves by a preponderance of the evidence that at the time of the
4incident or occurrence he or she had a valid prescription for
5delta-9-tetrahydrocannabinol
or he or she was a qualifying patient, as defined in s.
650.60 (6).
AB224,12
7Section
12. 23.33 (4c) (b) 2n. of the statutes is created to read:
AB224,9,118
23.33
(4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols
9concentration at or above specified levels.' No person who has a
10tetrahydrocannabinols concentration of 5.0 or more may cause injury to another
11person by the operation of an all-terrain vehicle or utility terrain vehicle.
AB224,13
12Section
13. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB224,9,2213
23.33
(4c) (b) 3. `Related charges.' A person may be charged with and a
14prosecutor may proceed upon a complaint based upon a violation of any combination
15of subd. 1., 2.,
or 2m.
, or 2n. for acts arising out of the same incident or occurrence.
16If the person is charged with violating any combination of subd. 1., 2.,
or 2m.
, or 2n. 17in the complaint, the crimes shall be joined under s. 971.12. If the person is found
18guilty of any combination of subd. 1., 2.,
or 2m.
, or 2n. for acts arising out of the same
19incident or occurrence, there shall be a single conviction for purposes of sentencing
20and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
211., 2.,
and 2m.
, and 2n. each require proof of a fact for conviction which the others do
22not require.
AB224,14
23Section
14. 23.33 (4c) (b) 4. a. of the statutes is amended to read:
AB224,9,2524
23.33
(4c) (b) 4. a. In an action under this paragraph, the defendant has a
25defense if he or she proves by a preponderance of the evidence that the injury would
1have occurred even if he or she had been exercising due care and he or she had not
2been under the influence of an intoxicant, did not have an alcohol concentration of
30.08 or more,
or did not have a detectable amount of a restricted controlled substance
4in his or her blood
, or did not have a tetrahydrocannabinols concentration of 5.0 or
5more.
AB224,15
6Section
15. 23.33 (4c) (b) 4. b. of the statutes is amended to read:
AB224,10,137
23.33
(4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant
8allegedly having a detectable amount of methamphetamine
, or 9gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
13acid
, or.
AB224,10,18
14c. In an action under subd. 2n. that is based on the defendant allegedly having
15a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
16or she proves by a preponderance of the evidence that at the time of the incident or
17occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol
or
18he or she was a qualifying patient, as defined in s. 50.60 (6).
AB224,16
19Section
16. 23.33 (4p) (d) of the statutes is amended to read:
AB224,11,520
23.33
(4p) (d)
Admissibility; effect of test results; other evidence. The results
21of a chemical test required or administered under par. (a), (b) or (c) are admissible
22in any civil or criminal action or proceeding arising out of the acts committed by a
23person alleged to have violated the intoxicated operation of an all-terrain vehicle or
24utility terrain vehicle law on the issue of whether the person was under the influence
25of an intoxicant or the issue of whether the person had alcohol concentrations
or
1tetrahydrocannabinols concentrations at or above specified levels or a detectable
2amount of a restricted controlled substance in his or her blood. Results of these
3chemical tests shall be given the effect required under s. 885.235. This subsection
4does not limit the right of a law enforcement officer to obtain evidence by any other
5lawful means.
AB224,17
6Section
17. 23.33 (13) (b) 1. of the statutes is amended to read:
AB224,11,97
23.33
(13) (b) 1. Except as provided under subds. 2. and 3., a person who
8violates sub. (4c) (a) 1., 2.,
2g., or 2m. or (4p) (e) shall forfeit not less than $150 nor
9more than $300.
AB224,18
10Section
18. 23.33 (13) (b) 2. of the statutes is amended to read:
AB224,11,1611
23.33
(13) (b) 2. Except as provided under subd. 3., a person who violates sub.
12(4c) (a) 1., 2.,
2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
13current violation, was convicted previously under the intoxicated operation of an
14all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
15less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
16nor more than 6 months.