AB68: Bill Text

AB68,1731,2 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB68,3402 Section 3402 . 961.575 (2) of the statutes is amended to read:

AB68,1731,5 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB68,3403 Section 3403 . 961.575 (3) of the statutes is amended to read:

AB68,1731,9 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB68,3404 Section 3404 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

AB68,1731,12 Chapter 961

AB68,1731,13 Subchapter VIII

AB68,1731,14 regulation of Marijuana

AB68,1731,15 961.70 Definitions. In this subchapter:

AB68,1731,17 (2) “Legal age" means 21 years of age, except in the case of a qualifying patient, as defined in s. 73.17 (1) (d).

AB68,1731,18 (5) “Permissible amount" means one of the following:

AB68,1731,20 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

AB68,1731,22 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

AB68,1731,23 (6) “Permittee" has the meaning given under s. 139.97 (10).

AB68,1731,24 (8) “Retail outlet" has the meaning given in s. 139.97 (11).

AB68,1732,5 (9) “Tetrahydrocannabinols concentration" means the percent of delta-9-tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

AB68,1732,6 (11) “Underage person" means a person who has not attained the legal age.

AB68,1732,7 (12) “Usable marijuana" has the meaning given in s. 139.97 (13).

AB68,1732,9 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person.

AB68,1732,11 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

AB68,1732,14 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not more than $500 and to a suspension of the permittee's permit for an amount of time not to exceed 30 days.

AB68,1732,20 (c) In determining whether a permittee has violated par. (a) 2., all relevant circumstances surrounding the presence of the underage person may be considered. In determining whether a permittee has violated par. (a) 1., all relevant circumstances surrounding the selling, distributing, or delivering of marijuana may be considered. In addition, proof of all of the following facts by the permittee is a defense to any prosecution for a violation under par. (a):

AB68,1732,22 1. That the underage person falsely represented that he or she had attained the legal age.

AB68,1732,24 2. That the appearance of the underage person was such that an ordinary and prudent person would believe that the underage person had attained the legal age.

AB68,1733,3 3. That the action was made in good faith and in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

AB68,1733,5 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

AB68,1733,7 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB68,1733,8 (a) Procures or attempts to procure marijuana from a permittee.

AB68,1733,10 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

AB68,1733,11 (c) Knowingly possesses or consumes marijuana.

AB68,1733,12 (d) Violates sub. (2m).

AB68,1733,15 (2m) An underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal age may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

AB68,1733,17 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

AB68,1733,19 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises owned by the individual or under the individual's control.

AB68,1733,20 (b) Encourages or contributes to a violation of sub. (2) (a).

AB68,1733,24 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following:

AB68,1733,25 (a) Except as provided in par. (b), a Class I felony.

AB68,1734,4 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered has not attained the legal age and the actual or intended seller, distributor, or deliverer is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.

AB68,1734,8 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount but does not exceed 28 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

AB68,1734,10 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds 28 grams of marijuana:

AB68,1734,11 1. Except as provided in subd. 2., a Class B misdemeanor.

AB68,1734,13 2. A Class I felony if the person has taken action to hide how much marijuana the person possesses and any of the following applies:

AB68,1734,16 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB68,1734,19 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana if the method exceeds a method that would be used by a reasonable person in the person's region.

AB68,1734,21 c. The person has rigged a system so that any individual approaching the area may be injured or killed by the system.

AB68,1734,23 (c) A person who is not a permittee who possesses more than 6 marijuana plants that have reached the flowering stage at one time is one of the following:

AB68,1734,25 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

AB68,1735,2 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

AB68,1735,6 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage, and if any of the following applies:

AB68,1735,10 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB68,1735,13 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person's region.

AB68,1735,15 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB68,1735,18 (d) No person except a a permittee may possess marijuana plants that have reached the flowering stage. Any person who violates this prohibition must apply for a permit under s. 139.972; in addition, the person is one of the following:

AB68,1735,20 1. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

AB68,1735,23 2. Except as provided in subds. 3. and 4., subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both if the number of marijuana plants that have reached the flowering stage is more than 6.

AB68,1735,25 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

AB68,1736,4 4. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the person has taken action to hide how many marijuana plants that have reached the flowering stage are being cultivated, and if any of the following applies:

AB68,1736,8 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB68,1736,11 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person's region.

AB68,1736,13 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB68,1736,15 (e) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB68,1736,17 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.

AB68,3405 Section 3405 . 967.055 (1m) (b) 5. of the statutes is repealed.

AB68,3406 Section 3406. 967.056 of the statutes is created to read:

AB68,1736,23 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

AB68,1736,24 (a) The accused or charged violation is the person's first violation of s. 947.01.

AB68,1737,2 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

AB68,1737,5 (c) The person has not been convicted of a felony in this state or of a violation in another state that would be a felony if committed by an adult in this state in the preceding 3 years.

AB68,1737,7 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

AB68,1737,8 (a) A deferred prosecution agreement that includes restitution, if applicable.

AB68,1737,10 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

AB68,3407 Section 3407 . 967.11 (1) of the statutes is amended to read:

AB68,1737,14 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB68,3408 Section 3408 . 967.11 (2) of the statutes is amended to read:

AB68,1737,21 967.11 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB68,3409 Section 3409 . 967.13 of the statutes is created to read:

AB68,1738,3 967.13 Use of restraints on an individual under 18 years of age. (1) Except as provided in sub. (2), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on an individual under 18 years of age during a court proceeding and shall be removed prior to the individual being brought into the courtroom to appear before the court.

AB68,1738,6 (2) A court may order an individual under 18 years of age to be restrained during a court proceeding upon the request of the prosecutor if the court finds all of the following:

AB68,1738,7 (a) That the use of restraints is necessary due to one of the following factors:

AB68,1738,9 1. Instruments of restraint are necessary to prevent physical harm to the individual or another person.

AB68,1738,13 2. The individual has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or the individual presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior.

AB68,1738,15 3. There is a reasonable belief that the individual presents a substantial risk of flight from the courtroom.

AB68,1738,18 (b) That there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the individual or another person, including the presence of court personnel, law enforcement officers, or bailiffs.

AB68,1738,22 (3) The court shall provide the attorney of the individual under 18 years of age an opportunity to be heard before the court orders the use of restraints under sub. (2). The court shall make written findings of fact in support of any order to use restraints under sub. (2).

AB68,1738,25 (4) If the court orders an individual under 18 years of age to be restrained under sub. (2), the restraints shall allow the individual limited movement of the hands to read and handle documents and writings necessary to the hearing.

AB68,1739,2 (5) No individual under 18 years of age may be restrained during a court proceeding using fixed restraints attached to a wall, floor, or furniture.

AB68,3410 Section 3410. 968.14 (title) of the statutes is amended to read:

AB68,1739,4 968.14 (title) Use Announcement requirement and use of force.