March 15, 2016 - Introduced by Representatives Goyke, Bowen, Barnes, Brostoff,
Zamarripa, Zepnick, Spreitzer and Considine. Referred to Committee on
Criminal Justice and Public Safety.
AB997,1,4
1An Act to renumber and amend 961.48 (1);
to amend 961.41 (3g) (e), 961.48
2(2m) (a), 961.48 (2m) (b) 1. and 2., 961.48 (3) and 961.48 (5); and
to create
3961.48 (1g) of the statutes;
relating to: penalties for the possession of
4marijuana.
Analysis by the Legislative Reference Bureau
Under current law, a person who possesses or attempts to possess
tetrahydrocannabinols (THC) is guilty of a misdemeanor and may be imprisoned for
not more than six months or fined not more than $1,000, or both, for a first offense
and is guilty of a felony and may be imprisoned for no more than three years and six
month or fined not more than $10,000, or both, for a second or subsequent offense.
Under this bill, a first offense would be a misdemeanor for which the person could
be imprisoned not more than 90 days or fined not more than $1,000, or both. A second
offense would subject the person to the penalty for a first offense under current law,
and a third or subsequent offense would subject the person to the penalty for a second
offense under current law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB997,1
5Section
1. 961.41 (3g) (e) of the statutes is amended to read:
AB997,2,12
1961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
2possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
3substance analog of tetrahydrocannabinols, the person may be fined not more than
4$1,000 or imprisoned for not more than
6 months 90 days or both upon a first
5conviction
, may be fined not more than $1,000 or imprisoned for not more than 6
6months or both upon a 2nd conviction, and is guilty of a Class I felony for a
2nd 3rd 7or subsequent
offense conviction. For purposes of this paragraph,
an offense is
8considered a 2nd or subsequent offense if, prior to the offender's
a conviction
of the
9offense, the offender has at any time been convicted means a conviction of any felony
10or misdemeanor under this chapter or under any statute of the United States or of
11any state relating to controlled substances, controlled substance analogs, narcotic
12drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
AB997,2
13Section
2. 961.48 (1) of the statutes is renumbered 961.48 (1m) and amended
14to read:
AB997,2,1815
961.48
(1m) If a person is charged under sub. (2m) with a felony offense
under
16this chapter that is a 2nd or subsequent offense as provided under sub. (3) and the
17person is convicted of that 2nd or subsequent offense, the maximum term of
18imprisonment for the offense may be increased as follows:
AB997,2,1919
(a) By not more than 6 years, if the
felony offense is a Class C or D felony.
AB997,2,2020
(b) By not more than 4 years, if the
felony offense is a Class E, F, G, H, or I felony.
AB997,3
21Section
3. 961.48 (1g) of the statutes is created to read:
AB997,2,2322
961.48
(1g) In this section, "felony offense" means a felony under this chapter
23except for a felony under s. 961.41 (3g) (e).
AB997,4
24Section
4. 961.48 (2m) (a) of the statutes is amended to read:
AB997,3,8
1961.48
(2m) (a) Whenever a person charged with a felony offense
under this
2chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
3not subject to an enhanced penalty under sub.
(1)
(1m) unless any applicable prior
4convictions are alleged in the complaint, indictment or information or in an amended
5complaint, indictment or information that is filed under par. (b) 1. A person is not
6subject to an enhanced penalty under sub.
(1) (1m) for an offense if an allegation of
7applicable prior convictions is withdrawn by an amended complaint filed under par.
8(b) 2.
AB997,5
9Section
5. 961.48 (2m) (b) 1. and 2. of the statutes are amended to read:
AB997,3,1110
961.48
(2m) (b) 1. Charges
an a felony offense as a 2nd or subsequent offense
11under this chapter by alleging any applicable prior convictions.
AB997,3,1312
2. Withdraws the charging of
an a felony offense as a 2nd or subsequent offense
13under this chapter by withdrawing an allegation of applicable prior convictions.
AB997,6
14Section
6. 961.48 (3) of the statutes is amended to read:
AB997,3,2115
961.48
(3) For purposes of this section, a felony offense
under this chapter is
16considered a 2nd or subsequent offense if, prior to the offender's conviction of the
17offense, the offender has at any time been convicted of any felony
offense or
18misdemeanor offense under this chapter
excluding a misdemeanor under s. 961.41
19(3g) (e) or under any statute of the United States or of any state relating to controlled
20substances or controlled substance analogs, narcotic drugs,
marijuana or
21depressant, stimulant or hallucinogenic drugs.
AB997,7
22Section
7. 961.48 (5) of the statutes is amended to read:
AB997,3,2423
961.48
(5) This section does not apply if the person is presently charged with
24a felony
offense under s. 961.41 (3g) (c), (d),
(e), or (g).