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AB220,92,1915 346.935 (2) No person may possess on his or her person, in a privately owned
16motor vehicle upon a public highway, any bottle or receptacle containing alcohol
17beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle has
18been opened, the seal has been broken or the contents of the bottle or receptacle have
19been partially removed or released.
AB220,166 20Section 166 . 346.935 (3) of the statutes is amended to read:
AB220,93,521 346.935 (3) The owner of a privately owned motor vehicle, or the driver of the
22vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept
23in the motor vehicle when it is upon a highway any bottle or receptacle containing
24alcohol beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle
25has been opened, the seal has been broken or the contents of the bottle or receptacle

1have been partially removed or released. This subsection does not apply if the bottle
2or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some
3other area of the vehicle not normally occupied by the driver or passengers. A utility
4compartment or glove compartment is considered to be within the area normally
5occupied by the driver and passengers.
AB220,167 6Section 167 . 349.02 (2) (b) 4. of the statutes is amended to read:
AB220,93,87 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
866.0107 (1) (bm).
AB220,168 9Section 168 . 349.03 (2m) of the statutes is amended to read:
AB220,93,1110 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
11for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB220,169 12Section 169 . 349.06 (1m) of the statutes is amended to read:
AB220,93,1413 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
14for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB220,170 15Section 170 . 350.01 (10v) (a) of the statutes is amended to read:
AB220,93,1716 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
17other than a tetrahydrocannabinol.
AB220,171 18Section 171 . 350.01 (10v) (e) of the statutes is repealed.
AB220,172 19Section 172 . 350.01 (21g) of the statutes is created to read:
AB220,93,2120 350.01 (21g) “Tetrahydrocannabinols concentration" has the meaning given in
21s. 23.33 (1) (k).
AB220,173 22Section 173 . 350.101 (1) (bg) of the statutes is created to read:
AB220,93,2523 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
24above specified levels.
No person may engage in the operation of a snowmobile while
25the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB220,174
1Section 174. 350.101 (1) (cg) of the statutes is created to read:
AB220,94,52 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
3above specified levels; below age 21.
If a person has not attained the age of 21, the
4person may not engage in the operation of a snowmobile while he or she has a
5tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.
AB220,175 6Section 175 . 350.101 (1) (d) of the statutes is amended to read:
AB220,94,157 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
8may proceed upon a complaint based upon a violation of any combination of par. (a),
9(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
10is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses
11shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg),
12or (bm) for acts arising out of the same incident or occurrence, there shall be a single
13conviction for purposes of sentencing and for purposes of counting convictions under
14s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a
15fact for conviction which the others do not require.
AB220,176 16Section 176 . 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
17amended to read:
AB220,94,2418 350.101 (1) (e) 1. In an action under par. (bm) 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 delta-9-tetrahydrocannabinol.
AB220,177 25Section 177 . 350.101 (1) (e) 2. of the statutes is created to read:
AB220,95,5
1350.101 (1) (e) 2. In an action under par. (bg) or (cg) that is based on the
2defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
3defendant has a defense if he or she proves by a preponderance of the evidence that
4at the time of the incident or occurrence he or she had a valid prescription for
5tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,178 6Section 178 . 350.101 (2) (bg) of the statutes is created to read:
AB220,95,97 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at
8or above specified levels.
No person who has a tetrahydrocannabinols concentration
9of 5.0 or more may cause injury to another person by the operation of a snowmobile.
AB220,179 10Section 179 . 350.101 (2) (c) of the statutes is amended to read:
AB220,95,2011 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
12may proceed upon a complaint based upon a violation of any combination of par. (a),
13(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
14is charged with violating any combination of par. (a), (b), (bg), or (bm) in the
15complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
16of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident
17or occurrence, there shall be a single conviction for purposes of sentencing and for
18purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
19(bg), and (bm) each require proof of a fact for conviction which the others do not
20require.
AB220,180 21Section 180 . 350.101 (2) (d) 1. of the statutes is amended to read:
AB220,96,222 350.101 (2) (d) 1. In an action under this subsection, the defendant has a
23defense if he or she proves by a preponderance of the evidence that the injury would
24have occurred even if he or she had been exercising due care and he or she had not
25been under the influence of an intoxicant or did not have an alcohol concentration

1of 0.08 or more, a tetrahydrocannabinols concentration of 5.0 or more, or a detectable
2amount of a restricted controlled substance in his or her blood.
AB220,181 3Section 181 . 350.101 (2) (d) 2. of the statutes is amended to read:
AB220,96,104 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant
5allegedly having a detectable amount of methamphetamine, or
6gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
7the defendant has a defense if he or she proves by a preponderance of the evidence
8that at the time of the incident or occurrence he or she had a valid prescription for
9methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
10acid, or delta-9-tetrahydrocannabinol.
AB220,182 11Section 182 . 350.101 (2) (d) 3. of the statutes is created to read:
AB220,96,1612 350.101 (2) (d) 3. In an action under par. (bg) that is based on the defendant
13allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
14has a defense if he or she proves by a preponderance of the evidence that at the time
15of the incident or occurrence he or she had a valid prescription for
16tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,183 17Section 183 . 350.104 (4) of the statutes is amended to read:
AB220,97,218 350.104 (4) Admissibility; effect of test results; other evidence. The results
19of a chemical test required or administered under sub. (1), (2) or (3) are admissible
20in any civil or criminal action or proceeding arising out of the acts committed by a
21person alleged to have violated the intoxicated snowmobiling law on the issue of
22whether the person was under the influence of an intoxicant or the issue of whether
23the person had alcohol or tetrahydrocannabinols concentrations at or above specified
24levels or a detectable amount of a restricted controlled substance in his or her blood.
25Results of these chemical tests shall be given the effect required under s. 885.235.

1This section does not limit the right of a law enforcement officer to obtain evidence
2by any other lawful means.
AB220,184 3Section 184 . 350.11 (3) (a) 1. of the statutes is amended to read:
AB220,97,64 350.11 (3) (a) 1. Except as provided under subds. 2. and 3., a person who violates
5s. 350.101 (1) (a), (b), (bg), or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor
6more than $550.
AB220,185 7Section 185 . 350.11 (3) (a) 2. of the statutes is amended to read:
AB220,97,128 350.11 (3) (a) 2. Except as provided under subd. 3., a person who violates s.
9350.101 (1) (a), (b), (bg), or (bm) or 350.104 (5) and who, within 5 years prior to the
10arrest for the current violation, was convicted previously under the intoxicated
11snowmobiling law or the refusal law shall be fined not less than $300 nor more than
12$1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
AB220,186 13Section 186 . 350.11 (3) (a) 3. of the statutes is amended to read:
AB220,97,1814 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), (bg), or (bm) or
15350.104 (5) and who, within 5 years prior to the arrest for the current violation, was
16convicted 2 or more times previously under the intoxicated snowmobiling law or
17refusal law shall be fined not less than $600 nor more than $2,000 and shall be
18imprisoned not less than 30 days nor more than one year in the county jail.
AB220,187 19Section 187 . 350.11 (3) (a) 4. of the statutes is amended to read:
AB220,97,2120 350.11 (3) (a) 4. A person who violates s. 350.101 (1) (c) or (cg) or 350.104 (5)
21and who has not attained the age of 19 shall forfeit not more than $50.
AB220,188 22Section 188 . 350.11 (3) (d) of the statutes is amended to read:
AB220,98,723 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs,
24or tetrahydrocannabinols
; assessment. In addition to any other penalty or order, a
25person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or

1940.25 if the violation involves the operation of a snowmobile, shall be ordered by the
2court to submit to and comply with an assessment by an approved public treatment
3facility for an examination of the person's use of alcohol, controlled substances or
4controlled substance analogs, or tetrahydrocannabinols. The assessment order shall
5comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an
6assessment ordered under this paragraph constitutes contempt of court, punishable
7under ch. 785.
AB220,189 8Section 189 . 609.83 of the statutes is amended to read:
AB220,98,11 9609.83 Coverage of drugs and devices. Limited service health
10organizations, preferred provider plans, and defined network plans are subject to ss.
11632.853 and 632.895 (16p) and (16t).
AB220,190 12Section 190 . 632.895 (16p) of the statutes is created to read:
AB220,98,1413 632.895 (16p) Medical use of marijuana. (a) In this subsection, “medical use
14of tetrahydrocannabinols” has the meaning given in s. 50.80 (4).
AB220,98,1915 (b) Every disability insurance policy and every self-insured health plan of the
16state or of a county, city, town, village, or school district that provides coverage of
17prescription drugs and devices shall provide coverage for the medical use of
18tetrahydrocannabinols in accordance with subch. VI of ch. 50 and any equipment or
19supplies necessary for the medical use of tetrahydrocannabinols.
AB220,98,2220 (c) Coverage under par. (b) may be subject only to the exclusions, limitations,
21and cost-sharing provisions that apply generally to the coverage of prescription
22drugs or devices that is provided under the policy or self-insured health plan.
AB220,191 23Section 191 . 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB220,99,424 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
25legal custody and periods of physical placement, the court shall consider all facts

1relevant to the best interest of the child. The court may not prefer one parent or
2potential custodian over the other on the basis of the sex or race of the parent or
3potential custodian. Subject to pars. (bm) and , (c), and (d), the court shall consider
4the following factors in making its determination:
AB220,192 5Section 192 . 767.41 (5) (d) of the statutes is created to read:
AB220,99,126 767.41 (5) (d) The court may not consider as a factor in determining the legal
7custody of a child whether a parent or potential custodian holds or has applied for
8a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
9of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying
10patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5),
11unless the parent or potential custodian's behavior creates an unreasonable danger
12to the child that can be clearly articulated and substantiated.
AB220,193 13Section 193 . 767.451 (5m) (a) of the statutes is amended to read:
AB220,99,1714 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d) in all actions to modify
15legal custody or physical placement orders, the court shall consider the factors under
16s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
17a manner consistent with s. 767.41.
AB220,194 18Section 194 . 767.451 (5m) (d) of the statutes is created to read:
AB220,99,2419 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
20consider as a factor in making a determination whether a parent or potential
21custodian holds or has applied for a registry identification card, as defined in s.
22146.44 (1) (h), is or has been the subject of a written certification, as defined in s.
2350.80 (10), or is or has been a qualifying patient, as defined in s. 50.80 (6), or a
24primary caregiver, as defined in s. 50.80 (5), unless the parent or potential

1custodian's behavior creates an unreasonable danger to the child that can be clearly
2articulated and substantiated.
AB220,195 3Section 195 . 885.235 (1) (d) 1. of the statutes is amended to read:
AB220,100,54 885.235 (1) (d) 1. A controlled substance included in schedule I under ch. 961
5other than a tetrahydrocannabinol.
AB220,196 6Section 196 . 885.235 (1) (d) 5. of the statutes is repealed.
AB220,197 7Section 197 . 885.235 (1) (e) of the statutes is created to read:
AB220,100,98 885.235 (1) (e) “Tetrahydrocannabinols concentration" has the meaning given
9in s. 23.33 (1) (k).
AB220,198 10Section 198 . 885.235 (1g) (intro.) of the statutes is amended to read:
AB220,100,2411 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove
12that a person was under the influence of an intoxicant or had a prohibited alcohol or
13tetrahydrocannabinols
concentration or a specified alcohol concentration while
14operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
15on duty time, while operating a motorboat, except a sailboat operating under sail
16alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
17terrain vehicle or while handling a firearm, evidence of the amount of alcohol or
18tetrahydrocannabinols
in the person's blood at the time in question, as shown by
19chemical analysis of a sample of the person's blood or urine or evidence of the amount
20of alcohol in the person's breath, is admissible on the issue of whether he or she was
21under the influence of an intoxicant or had a prohibited alcohol or
22tetrahydrocannabinols
concentration or a specified alcohol concentration if the
23sample was taken within 3 hours after the event to be proved. The chemical analysis
24shall be given effect as follows without requiring any expert testimony as to its effect:
AB220,199 25Section 199 . 885.235 (1g) (ag) of the statutes is created to read:
AB220,101,6
1885.235 (1g) (ag) The fact that the analysis shows that the person had a
2tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
3evidence on the issue of being under the combined influence of
4tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
5analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
6prima facie effect.
AB220,200 7Section 200 . 885.235 (1g) (cg) of the statutes is created to read:
AB220,101,108 885.235 (1g) (cg) The fact that the analysis shows that the person had a
9tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
10or she had a tetrahydrocannabinols concentration of 5.0 or more.
AB220,201 11Section 201 . 885.235 (1L) of the statutes is created to read:
AB220,101,2212 885.235 (1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
13(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
14person's blood at the time in question, as shown by chemical analysis of a sample of
15the person's blood or urine, is admissible on the issue of whether he or she had a
16tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1730.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
18hours after the event to be proved. The fact that the analysis shows that the person
19had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
20is prima facie evidence that the person had a tetrahydrocannabinols concentration
21in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
22(1) (cg).
AB220,202 23Section 202 . 885.235 (1m) of the statutes is amended to read:
AB220,102,1024 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681
25(1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the

1person's blood at the time in question, as shown by chemical analysis of a sample of
2the person's blood or urine or evidence of the amount of alcohol in the person's breath,
3is admissible on the issue of whether he or she had an alcohol concentration in the
4range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m),
5or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the
6sample was taken within 3 hours after the event to be proved. The fact that the
7analysis shows that the person had an alcohol concentration of more than 0.0 but not
8more than 0.08 is prima facie evidence that the person had an alcohol concentration
9in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63
10(2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
AB220,203 11Section 203 . 885.235 (4) of the statutes is amended to read:
AB220,102,2212 885.235 (4) The provisions of this section relating to the admissibility of
13chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or
14for determining whether a person had a detectable amount of a restricted controlled
15substance in his or her blood shall not be construed as limiting the introduction of
16any other competent evidence bearing on the question of whether or not a person was
17under the influence of an intoxicant, had a detectable amount of a restricted
18controlled substance in his or her blood, had a specified alcohol or
19tetrahydrocannabinols
concentration, or had an alcohol concentration in the range
20specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or
21350.101 (1) (c), or had a tetrahydrocannabinols concentration in the range specified
22in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg)
.
AB220,204 23Section 204 . 895.047 (3) (a) of the statutes is amended to read:
AB220,103,524 895.047 (3) (a) If the defendant proves by clear and convincing evidence that
25at the time of the injury the claimant was under the influence of any controlled

1substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
2(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or
3a tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k), of 5.0 or more
,
4there shall be a rebuttable presumption that the claimant's intoxication or drug use
5was the cause of his or her injury.
AB220,205 6Section 205 . 905.04 (4) (f) of the statutes is amended to read:
AB220,103,107 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results
8of or circumstances surrounding any chemical tests for intoxication or for alcohol
9concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration,
10as defined in s. 23.33 (1) (k)
.
AB220,206 11Section 206 . 939.22 (33) (a) of the statutes is amended to read:
AB220,103,1312 939.22 (33) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB220,207 14Section 207 . 939.22 (33) (e) of the statutes is repealed.
AB220,208 15Section 208 . 939.22 (39g) of the statutes is created to read:
AB220,103,1716 939.22 (39g) “Tetrahydrocannabinols concentration" has the meaning given in
17s. 23.33 (1) (k).
AB220,209 18Section 209 . 940.09 (1) (bg) of the statutes is created to read:
AB220,103,2019 940.09 (1) (bg) Causes the death of another by the operation or handling of a
20vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
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