AB220,221 23Section 221 . 940.25 (2) (a) of the statutes is amended to read:
AB220,107,524 940.25 (2) (a) The defendant has a defense if he or she proves by a
25preponderance of the evidence that the great bodily harm would have occurred even

1if he or she had been exercising due care and he or she had not been under the
2influence of an intoxicant, did not have a detectable amount of a restricted controlled
3substance in his or her blood, did not have a tetrahydrocannabinols concentration of
45.0 or greater,
or did not have an alcohol concentration described under sub. (1) (b),
5(bm), (d) or (e).
AB220,222 6Section 222 . 940.25 (2) (b) of the statutes is amended to read:
AB220,107,137 940.25 (2) (b) In any action under this section 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 delta-9-tetrahydrocannabinol.
AB220,223 14Section 223 . 940.25 (2) (c) of the statutes is created to read:
AB220,107,1915 940.25 (2) (c) In any action under this section that is based on the defendant
16allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the
17defendant has a defense if he or she proves by a preponderance of the evidence that
18at the time of the incident or occurrence he or she had a valid prescription for
19tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,224 20Section 224 . 941.20 (1) (bg) of the statutes is created to read:
AB220,108,221 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a
22tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
23defense to any action under this paragraph if he or she proves by a preponderance
24of the evidence that at the time of the incident or occurrence he or she had a valid

1prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
2defined in s. 50.80 (6).
AB220,225 3Section 225 . 941.20 (1) (bm) of the statutes is amended to read:
AB220,108,124 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a
5detectable amount of a restricted controlled substance in his or her blood. A
6defendant has a defense to any action under this paragraph that is based on the
7defendant allegedly having a detectable amount of methamphetamine , or
8gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
9if he or she proves by a preponderance of the evidence that at the time of the incident
10or occurrence he or she had a valid prescription for methamphetamine or one of its
11metabolic precursors, or gamma-hydroxybutyric acid, or
12delta-9-tetrahydrocannabinol
.
AB220,226 13Section 226 . 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
14to read:
AB220,108,2415 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis,
16whether growing or not, with a tetrahydrocannabinols concentration that is greater
17than 0.3 percent on a dry weight basis
; the seeds thereof; the resin extracted from
18any part of the plant; and every compound, manufacture, salt, derivative, mixture,
19or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.
20“Marijuana" does include the mature stalks if mixed with other parts of the plant,
21but does not include fiber produced from the stalks, oil or cake made from the seeds
22of the plant, any other compound, manufacture, salt, derivative, mixture , or
23preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
24cake or the sterilized seed of the plant which is incapable of germination.
AB220,227 25Section 227 . 961.11 (4g) of the statutes is repealed.
AB220,228
1Section 228. 961.14 (4) (t) of the statutes is repealed.
AB220,229 2Section 229 . 961.32 (2m) of the statutes is repealed.
AB220,230 3Section 230 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
4as renumbered, is amended to read:
AB220,109,5 5961.75 (title) Controlled substances Marijuana therapeutic research.
AB220,231 6Section 231 . 961.38 (1n) of the statutes is repealed.
AB220,232 7Section 232 . 961.41 (1) (h) of the statutes is repealed.
AB220,233 8Section 233 . 961.41 (1m) (h) of the statutes is repealed.
AB220,234 9Section 234 . 961.41 (1q) of the statutes is repealed.
AB220,235 10Section 235 . 961.41 (1r) of the statutes is amended to read:
AB220,109,2011 961.41 (1r) Determining weight of substance. In determining amounts under
12s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
13of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
14psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
15cannabinoids, or substituted cathinones, or any controlled substance analog of any
16of these substances together with any compound, mixture, diluent, plant material
17or other substance mixed or combined with the controlled substance or controlled
18substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
19(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
20(4) (t) and includes the weight of any marijuana.
AB220,236 21Section 236 . 961.41 (3g) (c) of the statutes is amended to read:
AB220,110,622 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
23possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
24base, the person shall be fined not more than $5,000 and may be imprisoned for not
25more than one year in the county jail upon a first conviction and is guilty of a Class

1I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
2is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
3offense, the offender has at any time been convicted of any felony or misdemeanor
4under this chapter or under any statute of the United States or of any state relating
5to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
6or depressant, stimulant, or hallucinogenic drugs.
AB220,237 7Section 237 . 961.41 (3g) (d) of the statutes is amended to read:
AB220,110,248 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
9possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
10amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
11N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
12(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
13lysergic acid diethylamide, phencyclidine, amphetamine,
143,4-methylenedioxymethamphetamine, methcathinone, cathinone,
15N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
16(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
17$5,000 or imprisoned for not more than one year in the county jail or both upon a first
18conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
19purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
20prior to the offender's conviction of the offense, the offender has at any time been
21convicted of any felony or misdemeanor under this chapter or under any statute of
22the United States or of any state relating to controlled substances, controlled
23substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
24hallucinogenic drugs.
AB220,238 25Section 238 . 961.41 (3g) (e) of the statutes is repealed.
AB220,239
1Section 239. 961.41 (3g) (em) of the statutes is amended to read:
AB220,111,122 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
3possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
4analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
5not more than $1,000 or imprisoned for not more than 6 months or both upon a first
6conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
7purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
8prior to the offender's conviction of the offense, the offender has at any time been
9convicted of any felony or misdemeanor under this chapter or under any statute of
10the United States or of any state relating to controlled substances, controlled
11substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
12hallucinogenic drugs.
AB220,240 13Section 240 . 961.47 (1) of the statutes is amended to read:
AB220,112,414 961.47 (1) Whenever any person who has not previously been convicted of any
15offense under this chapter, or of any offense under any statute of the United States
16or of any state or of any county ordinance relating to controlled substances or
17controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
18or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
19possession of a controlled substance or controlled substance analog under s. 961.41
20(3g) (b), the court, without entering a judgment of guilt and with the consent of the
21accused, may defer further proceedings and place him or her on probation upon terms
22and conditions. Upon violation of a term or condition, the court may enter an
23adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
24terms and conditions, the court shall discharge the person and dismiss the
25proceedings against him or her. Discharge and dismissal under this section shall be

1without adjudication of guilt and is not a conviction for purposes of disqualifications
2or disabilities imposed by law upon conviction of a crime, including the additional
3penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
4only one discharge and dismissal under this section with respect to any person.
AB220,241 5Section 241 . 961.48 (3) of the statutes is amended to read:
AB220,112,116 961.48 (3) For purposes of this section, a felony offense under this chapter is
7considered a 2nd or subsequent offense if, prior to the offender's conviction of the
8offense, the offender has at any time been convicted of any felony or misdemeanor
9offense under this chapter or under any statute of the United States or of any state
10relating to controlled substances or controlled substance analogs, narcotic drugs,
11marijuana or depressant, stimulant, or hallucinogenic drugs.
AB220,242 12Section 242 . 961.48 (5) of the statutes is amended to read:
AB220,112,1413 961.48 (5) This section does not apply if the person is presently charged with
14a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB220,243 15Section 243 . 961.49 (1m) (intro.) of the statutes is amended to read:
AB220,112,2316 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
17or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)
18or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
19phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
20methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
21controlled substance analog of any of these substances and the delivery, distribution
22or possession takes place under any of the following circumstances, the maximum
23term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB220,244 24Section 244 . 961.571 (1) (a) 7. of the statutes is repealed.
AB220,245 25Section 245 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB220,113,3
1961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
2for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
3or hashish oil into the human body, such as:
AB220,246 4Section 246 . 961.571 (1) (a) 11. e. of the statutes is repealed.
AB220,247 5Section 247 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB220,248 6Section 248 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
7is created to read:
AB220,113,88 Chapter 961
AB220,113,99 Subchapter VIII
AB220,113,1010 regulation of Marijuana
AB220,113,11 11961.70 Definitions. In this subchapter:
AB220,113,12 12(1) “Compassion center" has the meaning given in s. 50.80 (1).
AB220,113,13 13(2) “Legal age" means 21 years of age.
AB220,113,14 14(5) “Permissible amount" means one of the following:
AB220,113,1615 (a) For a person who is a resident of Wisconsin, an amount that does not exceed
162 ounces of usable marijuana.
AB220,113,1817 (b) For a person who is not a resident of Wisconsin, an amount that does not
18exceed one-quarter ounce of usable marijuana.
AB220,113,19 19(6) “Permittee" has the meaning given under s. 139.97 (10).
AB220,113,20 20(7) “Qualifying patient" has the meaning given in s. 50.80 (6).
AB220,113,21 21(8) “Retail outlet" has the meaning given in s. 139.97 (11).
AB220,114,2 22(9) “Tetrahydrocannabinols concentration" means the percent of
23delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
24Cannabis, or per volume or weight of marijuana product, or the combined percent of

1delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
2plant Cannabis regardless of moisture content.
AB220,114,3 3(10) “Treatment team" has the meaning given in s. 50.80 (8).
AB220,114,4 4(11) “Underage person" means a person who has not attained the legal age.
AB220,114,5 5(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB220,114,9 6961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
7may sell, distribute, or deliver marijuana to any underage person, except that a
8permittee that is also a compassion center may sell, distribute, or deliver to an
9underage person who is a qualifying patient or to a treatment team.
AB220,114,1110 2. No permittee or compassion center may directly or indirectly permit an
11underage person to violate sub. (2m).
AB220,114,1412 (b) 1. A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of
13not more than $500 and to a suspension of the permittee's permit for an amount of
14time not to exceed 30 days.
AB220,114,1615 2. A compassion center that violates par. (a) 2. may be subject to a forfeiture
16of not more than $500.
AB220,114,2317 (c) In determining whether a permittee or compassion center has violated par.
18(a) 2., all relevant circumstances surrounding the presence of the underage person
19may be considered. In determining whether a permittee has violated par. (a) 1., all
20relevant circumstances surrounding the selling, distributing, or delivering of
21marijuana may be considered. In addition, proof of all of the following facts by the
22permittee or compassion center is a defense to any prosecution for a violation under
23par. (a):
AB220,114,2524 1. That the underage person falsely represented that he or she had attained the
25legal age.
AB220,115,2
12. That the appearance of the underage person was such that an ordinary and
2prudent person would believe that the underage person had attained the legal age.
AB220,115,53 3. That the action was made in good faith and in reliance on the representation
4and appearance of the underage person in the belief that the underage person had
5attained the legal age.
AB220,115,76 4. That the underage person supported the representation under subd. 1. with
7documentation that he or she had attained the legal age.
AB220,115,9 8(2) Any underage person who does any of the following is subject to a forfeiture
9of not less than $250 nor more than $500:
AB220,115,1010 (a) Procures or attempts to procure marijuana from a permittee.
AB220,115,1211 (b) Falsely represents his or her age for the purpose of receiving marijuana from
12a permittee.
AB220,115,1413 (c) Knowingly possesses or consumes marijuana, except that this paragraph
14does not apply to an underage person who is a qualifying patient.
AB220,115,1515 (d) Violates sub. (2m).
AB220,115,21 16(2m) An underage person not accompanied by his or her parent, guardian, or
17spouse who has attained the legal age may not enter, knowingly attempt to enter, or
18be on the premises of a retail outlet that is not a compassion center. An underage
19person not accompanied by his or her parent, guardian, or spouse who has attained
20the legal age or by his or her treatment team may not enter, knowingly attempt to
21enter, or be on the premises of a compassion center.
AB220,115,23 22(3) An individual who has attained the legal age and who knowingly does any
23of the following may be subject to a forfeiture that does not exceed $1,000:
AB220,115,2524 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
25owned by the individual or under the individual's control.
AB220,116,1
1(b) Encourages or contributes to a violation of sub. (2) (a).
AB220,116,8 2961.72 Restrictions; penalties. (1) No person except a permittee or a
3compassion center may sell, or possess with the intent to sell, marijuana. No person
4may distribute or deliver, or possess with the intent to distribute or deliver,
5marijuana except a permittee or except a compassion center or a member of a
6treatment team who distributes or delivers, or possesses with the intent to distribute
7or deliver, to a qualifying patient. Any person who violates a prohibition under this
8subsection is guilty of the following:
AB220,116,99 (a) Except as provided in par. (b), a Class I felony.
AB220,116,1310 (b) If the individual to whom the marijuana is, or is intended to be, sold,
11distributed, or delivered has not attained the legal age and the actual or intended
12seller, distributor, or deliverer is at least 3 years older than the individual to whom
13the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
AB220,116,17 14(2) (a) A person that is not a permittee or a compassion center who possesses
15an amount of marijuana that exceeds the permissible amount but does not exceed 28
16grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or
17imprisonment not to exceed 90 days or both.
AB220,116,2018 (b) A person who is not a permittee, a compassion center, a qualifying patient,
19or a treatment team member who possesses an amount of marijuana that exceeds 28
20grams of marijuana:
AB220,116,2121 1. Except as provided in subd. 2., a Class B misdemeanor.
AB220,116,2322 2. A Class I felony if the person has taken action to hide how much marijuana
23the person possesses and any of the following applies:
AB220,117,3
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.
AB220,117,64 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.
AB220,117,87 c. The person has rigged a system so that any individual approaching the area
8may be injured or killed by the system.
AB220,117,119 (c) A person who is not a permittee, a compassion center, a qualifying patient,
10or a treatment team member who possesses more than 6 marijuana plants that have
11reached the flowering stage at one time is one of the following:
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