Amendment AA3-SB70

SB70-AA3,206 Section 206. 961.49 (1m) (intro.) of the statutes is amended to read:

SB70-AA3,183,20 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

SB70-AA3,207 Section 207. 961.571 (1) (a) 7. of the statutes is repealed.

SB70-AA3,208 Section 208. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

SB70-AA3,183,25 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

SB70-AA3,209 Section 209. 961.571 (1) (a) 11. e. of the statutes is repealed.

SB70-AA3,210 Section 210. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

SB70-AA3,211 Section 211. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

SB70-AA3,184,5 Chapter 961

SB70-AA3,184,6 Subchapter VIII

SB70-AA3,184,7 regulation of Marijuana

SB70-AA3,184,8 961.70 Definitions. In this subchapter:

SB70-AA3,184,9 (1) “Extreme measure to avoid detection” means any of the following:

SB70-AA3,184,12 (a) A system that aims to alert a 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.

SB70-AA3,184,15 (b) 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.

SB70-AA3,184,17 (c) A system that is designed so that an individual approaching the area that contains marijuana plants may be injured or killed by the system.

SB70-AA3,184,19 (1m) “Legal age" means 21 years of age, except that in the case of a qualifying patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.

SB70-AA3,184,20 (3) “Permissible amount" means one of the following:

SB70-AA3,184,22 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

SB70-AA3,184,24 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

SB70-AA3,184,25 (4) “Permittee" has the meaning given under s. 139.97 (10).

SB70-AA3,185,1 (5) “Retail outlet" has the meaning given in s. 139.97 (11).

SB70-AA3,185,6 (6) “Tetrahydrocannabinols concentration" means the percent of 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 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

SB70-AA3,185,7 (7) “Underage person" means a person who has not attained the legal age.

SB70-AA3,185,8 (8) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB70-AA3,185,10 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person.

SB70-AA3,185,12 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

SB70-AA3,185,15 (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.

SB70-AA3,185,21 (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):

SB70-AA3,185,23 1. That the underage person falsely represented that he or she had attained the legal age.

SB70-AA3,185,25 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.

SB70-AA3,186,3 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.

SB70-AA3,186,5 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

SB70-AA3,186,7 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

SB70-AA3,186,8 (a) Procures or attempts to procure marijuana from a permittee.

SB70-AA3,186,10 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

SB70-AA3,186,11 (c) Knowingly possesses or consumes marijuana.

SB70-AA3,186,12 (d) Violates sub. (2m).

SB70-AA3,186,15 (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.

SB70-AA3,186,17 (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:

SB70-AA3,186,19 (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.

SB70-AA3,186,20 (b) Encourages or contributes to a violation of sub. (2) (a).

SB70-AA3,186,24 961.72 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:

SB70-AA3,186,25 (a) Except as provided in par. (b), a Class I felony.

SB70-AA3,187,4 (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.

SB70-AA3,187,7 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by not more than one ounce is subject to a civil forfeiture not to exceed $1,000.

SB70-AA3,187,9 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by more than one ounce is one of the following:

SB70-AA3,187,11 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

SB70-AA3,187,14 2. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

SB70-AA3,187,17 (c) A person who is not a permittee that possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

SB70-AA3,187,19 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

SB70-AA3,187,22 2. Except as provided in subd. 3., subject to a fine 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 12.

SB70-AA3,188,2 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 the person has in place an extreme measure to avoid detection.

SB70-AA3,188,4 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB70-AA3,188,7 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB70-AA3,212 Section 212. 967.055 (1m) (b) 5. of the statutes is repealed.

SB70-AA3,213 Section 213. 971.365 (1) (a) of the statutes is amended to read:

SB70-AA3,188,13 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-AA3,214 Section 214. 971.365 (1) (b) of the statutes is amended to read:

SB70-AA3,188,18 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-AA3,215 Section 215. 971.365 (1) (c) of the statutes is amended to read:

SB70-AA3,188,23 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-AA3,216 Section 216. 971.365 (2) of the statutes is amended to read:

SB70-AA3,189,6 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

SB70-AA3,217 Section 217. 973.016 of the statutes is created to read:

SB70-AA3,189,11 973.016 Special disposition for marijuana-related crimes. (1) Resentencing persons serving a sentence or probation. (a) A person serving a sentence or on probation may request resentencing or dismissal as provided under par. (b) if all of the following apply:

SB70-AA3,189,13 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-AA3,189,14 2. One of the following applies:

SB70-AA3,189,16 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

SB70-AA3,189,18 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

SB70-AA3,189,20 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request resentencing, adjustment of probation, or dismissal.

SB70-AA3,190,3 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall resentence the person or adjust the probation and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and expunge the record. Before resentencing, adjusting probation, or dismissing a conviction under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB70-AA3,190,5 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

SB70-AA3,190,9 (2) Redesignating offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction because the conviction is legally invalid or redesignation to a lesser crime if all of the following apply:

SB70-AA3,190,11 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-AA3,190,12 2. One of the following applies:

SB70-AA3,190,14 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

SB70-AA3,190,16 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

SB70-AA3,190,18 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

SB70-AA3,190,25 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB70-AA3,191,4 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

SB70-AA3,9128 Section 9128. Nonstatutory provisions; Legislature.

SB70-AA3,191,11 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.”.

SB70-AA3,191,12 225. Page 374, line 11: after that line insert:

SB70-AA3,191,13 “ Section 218. 49.45 (30e) (a) 2. of the statutes is repealed.

SB70-AA3,219 Section 219. 49.45 (30e) (b) 3. of the statutes is amended to read:

SB70-AA3,191,17 49.45 (30e) (b) 3. Requirements for certification of community-based psychosocial service programs. The department may certify county-based providers and providers that are not county-based providers.

SB70-AA3,220 Section 220. 49.45 (30e) (c) of the statutes is renumbered 49.45 (30e) (c) 1. and amended to read:

SB70-AA3,192,2 49.45 (30e) (c) 1. A For a county that elects to make provide the services under s. 49.46 (2) (b) 6. Lm. available shall reimburse a provider of the services for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government. The, the department shall reimburse the provider county only for the amount of the allowable charges for those services under the medical assistance Medical Assistance program that is provided by the federal government.