SB377: Bill Text

SB377,35 Section 35 . 23.335 (12) (b) 3. of the statutes is amended to read:

SB377,17,13 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., 2g., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require proof of a fact for conviction which the others do not require.

SB377,36 Section 36 . 23.335 (12) (b) 4. of the statutes is amended to read:

SB377,17,21 23.335 (12) (b) 4. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and even if he or she had not been under the influence of an intoxicant to a degree which rendered him or her incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have a tetrahydrocannabinols concentration of 5.0 or more.

SB377,37 Section 37 . 23.335 (12) (b) 5. of the statutes is renumbered 23.335 (12) (b) 5. a. and amended to read:

SB377,18,5 23.335 (12) (b) 5. a. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,38 Section 38 . 23.335 (12) (b) 5. b. of the statutes is created to read:

SB377,18,11 23.335 (12) (b) 5. b. In an action under subd. 2g. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,39 Section 39 . 23.335 (12) (i) of the statutes is amended to read:

SB377,18,22 23.335 (12) (i) Chemical tests; effect of test results. The results of a chemical test required or administered under par. (f) or (g) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an off-highway motorcycle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. Paragraphs (f) to (h) do not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB377,40 Section 40 . 23.335 (23) (c) 1. of the statutes is amended to read:

SB377,19,3 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4., a person who violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) shall forfeit not less than $150 nor more than $300.

SB377,41 Section 41 . 23.335 (23) (c) 2. of the statutes is amended to read:

SB377,19,9 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a person who violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an off-highway motorcycle law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.

SB377,42 Section 42 . 23.335 (23) (c) 3. of the statutes is amended to read:

SB377,19,16 23.335 (23) (c) 3. Except as provided in subd. 4., a person who violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an off-highway motorcycle law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

SB377,43 Section 43 . 23.335 (23) (c) 4. of the statutes is amended to read:

SB377,19,19 23.335 (23) (c) 4. A person who violates sub. (12) (a) 3. or 3m. or (h) and who has not attained the age of 21 shall forfeit not more than $50.

SB377,44 Section 44 . 30.50 (10m) (a) of the statutes is amended to read:

SB377,19,22 30.50 (10m) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

SB377,45 Section 45 . 30.50 (10m) (e) of the statutes is repealed.

SB377,46 Section 46 . 30.50 (13p) of the statutes is created to read:

SB377,20,2 30.50 (13p) “Tetrahydrocannabinols concentration" means the number of nanograms of tetrahydrocannabinols per milliliter of blood.

SB377,47 Section 47 . 30.50 (13t) of the statutes is created to read:

SB377,20,5 30.50 (13t) “Tetrahydrocannabinols concentration” has the meaning given in s. 340.01 (66m).

SB377,48 Section 48 . 30.681 (1) (b) (title) of the statutes is amended to read:

SB377,20,8 30.681 (1) (b) (title) Operating after using a controlled substance or, alcohol, or tetrahydrocannabinols.

SB377,49 Section 49 . 30.681 (1) (b) 1g. of the statutes is created to read:

SB377,20,11 30.681 (1) (b) 1g. No person may engage in the operation of a motorboat while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,50 Section 50 . 30.681 (1) (bn) (title) of the statutes is amended to read:

SB377,20,14 30.681 (1) (bn) (title) Operating with alcohol or tetrahydrocannabinols concentrations at specified levels; below legal drinking age.

SB377,51 Section 51 . 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.

SB377,52 Section 52 . 30.681 (1) (bn) 2. of the statutes is created to read:

SB377,20,19 30.681 (1) (bn) 2. A person who has not attained the legal age, as defined in s. 961.70 (2), may not engage in the operation of a motorboat while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.

SB377,53 Section 53 . 30.681 (1) (c) of the statutes is amended to read:

SB377,21,4 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2., the offenses shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction which the others do not require.

SB377,54 Section 54 . 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and amended to read:

SB377,21,13 30.681 (1) (d) 1. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,55 Section 55 . 30.681 (1) (d) 2. of the statutes is created to read:

SB377,21,19 30.681 (1) (d) 2. In an action under par. (b) 1g. or (bn) 2. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,56 Section 56 . 30.681 (2) (b) (title) of the statutes is amended to read:

SB377,21,22 30.681 (2) (b) (title) Causing injury after using a controlled substance or, alcohol, or tetrahydrocannabinols.

SB377,57 Section 57 . 30.681 (2) (b) 1g. of the statutes is created to read:

SB377,21,25 30.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of a motorboat.

SB377,58 Section 58. 30.681 (2) (c) of the statutes is amended to read:

SB377,22,11 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction which the others do not require.

SB377,59 Section 59 . 30.681 (2) (d) 1. a. of the statutes is amended to read:

SB377,22,20 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or more or a detectable amount of a restricted controlled substance in his or her blood.

SB377,60 Section 60 . 30.681 (2) (d) 1. b. of the statutes is amended to read:

SB377,23,3 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,61 Section 61 . 30.681 (2) (d) 1. c. of the statutes is created to read:

SB377,23,9 30.681 (2) (d) 1. c. In an action under par. (b) 1g. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,62 Section 62 . 30.684 (4) of the statutes is amended to read:

SB377,23,20 30.684 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated boating law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB377,63 Section 63 . 30.80 (6) (d) of the statutes is amended to read:

SB377,24,5 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB377,64 Section 64 . 49.148 (4) (a) of the statutes is amended to read:

SB377,24,21 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB377,65 Section 65 . 49.45 (23) (g) 5. of the statutes is amended to read:

SB377,25,3 49.45 (23) (g) 5. Require, as a condition of eligibility, that an applicant or enrollee submit to a drug screening assessment and, if indicated, a drug test, as specified by the department in the waiver amendment. The department may not test under this subdivision for tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB377,66 Section 66 . 49.79 (1) (b) of the statutes is amended to read:

SB377,25,8 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except “controlled substance” does not include tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB377,67 Section 67 . 50.56 (3) of the statutes is amended to read:

SB377,25,13 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this subchapter and the rules promulgated under this subchapter control.

SB377,68 Section 68 . Subchapter VI of chapter 50 [precedes 50.80] of the statutes is created to read:

SB377,25,16 chapter 50

SB377,25,17 subchapter VI

SB377,25,19 distribution and testing centers

SB377,25,20 50.80 Definitions. In this subchapter:

SB377,25,22 (1) “Compassion center" means a licensed organization that grows, sells, distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.

SB377,25,23 (2) “Debilitating medical condition or treatment" means any of the following:

SB377,26,4 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

SB377,26,8 (b) A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB377,26,11 (c) Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department under s. 50.81 (2).

SB377,26,12 (2m) “Department" means the department of health services.

SB377,26,14 (3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces of usable marijuana.

SB377,26,15 (4) “Medical use of tetrahydrocannabinols" means any of the following:

SB377,26,18 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

SB377,26,21 (b) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or her use of tetrahydrocannabinols under par. (a).

SB377,27,2 (c) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols in any form between a qualifying patient and his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form between persons who are primary caregivers for the same qualifying patient if all of the following apply:

SB377,27,5 1. The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

SB377,27,8 2. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

SB377,27,9 (4m) “Physician” means a person licensed under s. 448.04 (1) (a).

SB377,27,12 (5) “Primary caregiver" means a person who is at least 18 years of age and who has agreed to help a qualifying patient in his or her medical use of tetrahydrocannabinols.

SB377,27,15 (6) “Qualifying patient" means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

SB377,27,18 (a) The person's physician has explained the potential risks and benefits of the medical use of tetrahydrocannabinols to the person and to a parent, guardian, or individual who has legal custody of the person.

SB377,27,20 (b) The parent, guardian, or individual who has legal custody of the person provides the physician a written statement consenting to do all of the following:

SB377,27,21 1. Allow the person's medical use of tetrahydrocannabinols.

SB377,27,22 2. Serve as a primary caregiver for the person.