AB817,13,322 46.03 (18) (fm) Notwithstanding par. (a), any person who submits to an
23assessment under s. 161.472 961.472 shall pay a fee to the appropriate county
24department under s. 51.42. The department of health and social services shall set
25fees for each county department under s. 51.42 designed to offset all the costs to the

1county in providing the assessment program. The department of health and social
2services shall provide for the reduction or waiver of the fee for persons who are unable
3to pay the complete fee.
AB817, s. 15 4Section 15. 46.238 (title) of the statutes is amended to read:
AB817,13,6 546.238 (title) Infants whose mothers abuse controlled substances or
6controlled substance analogs
.
AB817, s. 16 7Section 16. 46.60 (title) of the statutes is renumbered 961.34 (title).
AB817, s. 17 8Section 17. 46.60 (1) of the statutes is repealed.
AB817, s. 18 9Section 18. 46.60 (2) (title) of the statutes is repealed.
AB817, s. 19 10Section 19. 46.60 (2) of the statutes is renumbered 961.34 and amended to
11read:
AB817,13,1912 961.34 Upon the request of any practitioner, the controlled substances board
13shall aid the practitioner in applying for and processing an investigational drug
14permit for marijuana under 21 USC 355 (i). If the federal food and drug
15administration issues an investigational drug permit, the controlled substances
16board shall approve which pharmacies can distribute the marijuana to patients upon
17written prescription. Only pharmacies located within hospitals are eligible to
18receive the marijuana for distribution. The controlled substances board shall also
19approve which practitioners can write prescriptions for the marijuana.
AB817, s. 20 20Section 20. 46.715 (1) (intro.) of the statutes is amended to read:
AB817,14,321 46.715 (1) (intro.) Within the limits of the availability of federal funds, the
22department shall, from the appropriation under s. 20.435 (7) (mb), award not more
23than $1,200,000 in each fiscal year to fund programs to limit violence and abuse of
24controlled substances and controlled substance analogs in neighborhoods, including
25funding for the creation of Wisconsin against drug environments centers and for the

1use of neighborhood organizers, culturally representative alcohol and other drug
2abuse trainers, community speakers and persons to monitor certain court actions,
3as grants to any of the following applying entities:
AB817, s. 21 4Section 21. 46.973 (1) (a) of the statutes is amended to read:
AB817,14,65 46.973 (1) (a) "Drug" means a controlled substance, as defined in s. 161.01
6961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
AB817, s. 22 7Section 22. 46.973 (2m) (c) 2. of the statutes is amended to read:
AB817,14,98 46.973 (2m) (c) 2. The use and abuse of each controlled substances substance
9or controlled substance analog
specified in ch. 161 961.
AB817, s. 23 10Section 23. 48.02 (1e) of the statutes is amended to read:
AB817,14,1511 48.02 (1e) "Alcohol and other drug abuse impairment" means a condition of a
12person which is exhibited by characteristics of habitual lack of self-control in the use
13of alcohol beverages or, controlled substances or controlled substance analogs to the
14extent that the person's health is substantially affected or endangered or the person's
15social or economic functioning is substantially disrupted.
AB817, s. 24 16Section 24. 48.02 (2d) of the statutes is amended to read:
AB817,14,1717 48.02 (2d) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).
AB817, s. 25 18Section 25. 48.02 (2e) of the statutes is created to read:
AB817,14,2019 48.02 (2e) "Controlled substance analog" has the meaning given in s. 961.01
20(4m).
AB817, s. 26 21Section 26. 48.17 (2) (c) of the statutes is amended to read:
AB817,15,722 48.17 (2) (c) The citation procedures described in ch. 800 shall govern
23proceedings involving children in municipal court, except that this chapter shall
24govern the taking and holding of a child in custody. When a child is before the court
25assigned to exercise jurisdiction under this chapter upon a citation alleging the child

1to have violated a civil law or municipal ordinance, the procedures specified in s.
248.237 shall apply. If a citation is issued to a child, the issuing agency shall notify
3the child's parent or guardian within 7 days. The agency issuing a citation to a child
4who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b),
5125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575
6(2)
or an ordinance conforming to one of those statutes shall send a copy to an intake
7worker under s. 48.24 for informational purposes only.
AB817, s. 27 8Section 27. 48.17 (2) (d) of the statutes is amended to read:
AB817,15,239 48.17 (2) (d) If a municipal court finds that the child violated a municipal
10ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
11conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2)
12or 161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the
13dispositional orders permitted under s. 48.343 (1), (2), (4), (5), (6), (7) or (8). If a child
14fails to pay the forfeiture imposed by the municipal court, the court shall not impose
15a jail sentence but may suspend any license issued under ch. 29 for not less than 30
16nor more than 90 days, or suspend the child's operating privilege, as defined in s.
17340.01 (40), for not less than 30 nor more than 90 days. If a court suspends a license
18or privilege under this section, the court shall immediately take possession of the
19applicable license and forward it to the department that issued the license, together
20with the notice of suspension clearly stating that the suspension is for failure to pay
21a forfeiture imposed by the court. If the forfeiture is paid during the period of
22suspension, the court shall immediately notify the department, which shall
23thereupon return the license to the person.
AB817, s. 28 24Section 28. 48.17 (2) (e) of the statutes is amended to read:
AB817,16,4
148.17 (2) (e) If a municipal court finds that a child violated a municipal
2ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573
3(2), 161.574 (2) or 161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2), the court shall
4enter a dispositional order under s. 48.344.
AB817, s. 29 5Section 29. 48.18 (1) (a) 1. of the statutes is amended to read:
AB817,16,96 48.18 (1) (a) 1. If the child is alleged to have attempted to violate s. 940.01 on
7or after the child's 14th birthday or is alleged to have violated s. 161.41 (1), 940.01,
8940.02, 940.05, 940.06, 940.225 (1), 940.305, 940.31 or , 943.10 (2) or 961.41 (1) on or
9after the child's 14th birthday.
AB817, s. 30 10Section 30. 48.18 (1) (a) 2. of the statutes is amended to read:
AB817,16,1411 48.18 (1) (a) 2. If the child is alleged to have committed, on or after the child's
1214th birthday, a violation, at the request of or for the benefit of a criminal gang, as
13defined in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939
14to 948 or 961 if committed by an adult.
AB817, s. 31 15Section 31. 48.24 (2m) (a) 1. of the statutes is amended to read:
AB817,16,1716 48.24 (2m) (a) 1. Any child alleged to have committed a violation specified
17under ch. 161 961.
AB817, s. 32 18Section 32. 48.24 (2m) (a) 3. of the statutes is amended to read:
AB817,16,2219 48.24 (2m) (a) 3. Any child alleged to have committed any offense which
20appears to the intake worker to be directly motivated by the child's need to purchase
21or otherwise obtain alcohol beverages or, controlled substances or controlled
22substance analogs
.
AB817, s. 33 23Section 33. 48.245 (2) (a) 3. of the statutes is amended to read:
AB817,17,624 48.245 (2) (a) 3. That the child submit to an alcohol and other drug abuse
25assessment that conforms to the criteria specified under s. 48.547 (4) and that is

1conducted by an approved treatment facility for an examination of the child's use of
2alcohol beverages or, controlled substances or controlled substance analogs and any
3medical, personal, family or social effects caused by its use, if the multidisciplinary
4screen conducted under s. 48.24 (2) shows that the child is at risk of having needs and
5problems related to the use of alcohol beverages or, controlled substances or
6controlled substance analogs
and its medical, personal, family or social effects.
AB817, s. 34 7Section 34. 48.245 (2) (a) 4. of the statutes is amended to read:
AB817,17,128 48.245 (2) (a) 4. That the child participate in an alcohol and other drug abuse
9outpatient treatment program or an education program relating to the abuse of
10alcohol beverages or, controlled substances or controlled substance analogs, if an
11alcohol and other drug abuse assessment conducted under subd. 3. recommends
12outpatient treatment or education.
AB817, s. 35 13Section 35. 48.295 (1c) (b) of the statutes is amended to read:
AB817,17,1514 48.295 (1c) (b) The child was adjudicated delinquent on the basis of an offense
15specified in ch. 161 961.
AB817, s. 36 16Section 36. 48.295 (1c) (c) of the statutes is amended to read:
AB817,17,2017 48.295 (1c) (c) The greater weight of the evidence at a fact-finding hearing
18indicates that any offense which formed the basis for the adjudication was motivated
19by the child's need to purchase or otherwise obtain alcohol beverages or, controlled
20substances or controlled substance analogs.
AB817, s. 37 21Section 37. 48.295 (1g) of the statutes is amended to read:
AB817,18,722 48.295 (1g) If the court orders an alcohol or other drug abuse assessment under
23sub. (1), the approved treatment facility shall, within 14 days after the court order,
24report the results of the assessment to the court, except that, upon request by the
25approved treatment facility and if the child is not held in secure or nonsecure custody,

1the court may extend the period for assessment for not more than 20 additional
2working days. The report shall include a recommendation as to whether the child
3is in need of treatment for abuse of alcohol beverages or , controlled substances or
4controlled substance analogs
or education relating to the use of alcohol beverages
5and, controlled substances and controlled substance analogs and, if so, shall
6recommend a service plan and an appropriate treatment, from an approved
7treatment facility, or a court-approved education program.
AB817, s. 38 8Section 38. 48.31 (4) of the statutes is amended to read:
AB817,19,39 48.31 (4) The court or jury shall make findings of fact and the court shall make
10conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to
11(11m). In cases alleging a child to be in need of protection or services under s. 48.13
12(11), the court shall not find that the child is suffering serious emotional damage
13unless a licensed physician specializing in psychiatry or a licensed psychologist
14appointed by the court to examine the child has testified at the hearing that in his
15or her opinion the condition exists, and adequate opportunity for the
16cross-examination of the physician or psychologist has been afforded. The judge
17may use the written reports if the right to have testimony presented is voluntarily,
18knowingly and intelligently waived by the guardian ad litem or legal counsel for the
19child and the parent or guardian. In cases alleging a child to be in need of protection
20and services under s. 48.13 (11m), the court shall not find that the child is in need
21of treatment and education for needs and problems related to the use or abuse of
22alcohol beverages or, controlled substances or controlled substance analogs and its
23medical, personal, family or social effects unless an assessment for alcohol and other
24drug abuse that conforms to the criteria specified under s. 48.547 (4) has been
25conducted by an approved treatment facility. In cases alleging a child delinquent or

1in need of protection or services under s. 48.13 (12) the court shall make findings
2relating to the proof of the violation of law and to the proof that the child named in
3the petition committed the violation alleged.
AB817, s. 39 4Section 39. 48.31 (4) of the statutes, as affected by 1995 Wisconsin Acts 77 and
5.... (this act), is repealed and recreated to read:
AB817,19,226 48.31 (4) The court or jury shall make findings of fact and the court shall make
7conclusions of law relating to the allegations of a petition filed under s. 48.13. In
8cases alleging a child to be in need of protection or services under s. 48.13 (11), the
9court shall not find that the child is suffering serious emotional damage unless a
10licensed physician specializing in psychiatry or a licensed psychologist appointed by
11the court to examine the child has testified at the hearing that in his or her opinion
12the condition exists, and adequate opportunity for the cross-examination of the
13physician or psychologist has been afforded. The judge may use the written reports
14if the right to have testimony presented is voluntarily, knowingly and intelligently
15waived by the guardian ad litem or legal counsel for the child and the parent or
16guardian. In cases alleging a child to be in need of protection and services under s.
1748.13 (11m), the court shall not find that the child is in need of treatment and
18education for needs and problems related to the use or abuse of alcohol beverages,
19controlled substances or controlled substance analogs and its medical, personal,
20family or social effects unless an assessment for alcohol and other drug abuse that
21conforms to the criteria specified under s. 48.547 (4) has been conducted by an
22approved treatment facility.
AB817, s. 40 23Section 40. 48.32 (1g) (intro.) of the statutes is amended to read:
AB817,20,424 48.32 (1g) (intro.) If the petition alleges that the child committed a violation
25specified under ch. 161 961 and if the multidisciplinary screen conducted under s.

148.24 (2) shows that the child is at risk of having needs and problems related to the
2use of alcohol beverages or, controlled substances or controlled substance analogs
3and its medical, personal, family and social effects, the judge or juvenile court
4commissioner may establish as a condition under sub. (1) any of the following:
AB817, s. 41 5Section 41. 48.34 (4r) (a) of the statutes is amended to read:
AB817,20,126 48.34 (4r) (a) In addition to any other dispositions imposed under this section,
7if the child is found to have violated ch. 161 961, the judge shall suspend or revoke
8the child's operating privilege, as defined in s. 340.01 (40), for not less than 6 months
9nor more than 5 years. The court shall immediately take possession of any
10suspended or revoked license and forward it to the department of transportation
11together with the notice of suspension or revocation clearly stating that the
12suspension or revocation is for a violation of ch. 161 961.
AB817, s. 42 13Section 42. 48.34 (4r) (b) of the statutes is amended to read:
AB817,20,1614 48.34 (4r) (b) This subsection does not apply to violations under s. 161.573 (2),
15161.574 (2) or 161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance
16that strictly conforms to one of those statutes.
AB817, s. 43 17Section 43. 48.34 (4s) (a) (intro.) of the statutes is amended to read:
AB817,20,2018 48.34 (4s) (a) (intro.) In addition to any other dispositions imposed under this
19section, if the child is found to have violated s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r)
20961.41 (3g), the judge shall order one of the following penalties:
AB817, s. 44 21Section 44. 48.34 (4s) (am) (intro.) of the statutes is amended to read:
AB817,20,2422 48.34 (4s) (am) (intro.) In addition to any other dispositions imposed under this
23section, if the child is found to have violated s. 161.41 961.41 (1) or (1m), the judge
24shall order one of the following penalties:
AB817, s. 45 25Section 45. 48.34 (7m) of the statutes is amended to read:
AB817,21,14
148.34 (7m) If the child is adjudicated delinquent under a violation of s. 161.41
2(2r), (3), (3m), (3n), (3p) or (3r)
961.41 (3g) by possessing or attempting to possess a
3controlled substance listed included in schedule I or II under ch. 161 961 or a
4controlled substance analog of a controlled substance included in schedule I or II
5under ch. 961
while in or on the premises of a scattered-site public housing project,
6as defined in s. 161.01 961.01 (20i), while in or otherwise within 1,000 feet of a state,
7county, city, village or town park, a jail or correctional facility, as defined in s. 161.01
8961.01 (12m), a multiunit public housing project, as defined in s. 161.01 961.01
9(14m), a swimming pool open to members of the public, a youth center, as defined in
10s. 161.01 961.01 (22), or a community center, while on or otherwise within 1,000 feet
11of any private or public school premises or while on or otherwise within 1,000 feet
12of a school bus, as defined in s. 340.01 (56), the judge shall require that the child
13participate for 100 hours in a supervised work program under sub. (9) or perform 100
14hours of other community service work.
AB817, s. 46 15Section 46. 48.34 (13) (a) of the statutes, as affected by 1993 Wisconsin Act
16377
, is amended to read:
AB817,22,217 48.34 (13) (a) If the report prepared under s. 48.33 (1) recommends that the
18child is in need of treatment for the use or abuse of alcohol beverages or, controlled
19substances or controlled substance analogs and its medical, personal, family or social
20effects, the court may order the child to enter an outpatient alcohol and other drug
21abuse treatment program at an approved treatment facility. The approved
22treatment facility shall, under the terms of a service agreement between the county
23and the approved treatment facility, or with the written informed consent of the child
24or the child's parent if the child has not attained the age of 12, report to the agency

1primarily responsible for providing services to the child as to whether the child is
2cooperating with the treatment and whether the treatment appears to be effective.
AB817, s. 47 3Section 47. 48.34 (13) (b) of the statutes, as affected by 1993 Wisconsin Act
4377
, is amended to read:
AB817,22,135 48.34 (13) (b) If the report prepared under s. 48.33 (1) recommends that the
6child is in need of education relating to the use of alcohol beverages or, controlled
7substances or controlled substance analogs, the court may order the child to
8participate in an alcohol or other drug abuse education program approved by the
9court. The person or agency that provides the education program shall, under the
10terms of a service agreement between the county and the education program, or with
11the written informed consent of the child or the child's parent if the child has not
12attained the age of 12, report to the agency primarily responsible for providing
13services to the child about the child's attendance at the program.
AB817, s. 48 14Section 48. 48.343 (10) (intro.) of the statutes is amended to read:
AB817,22,1715 48.343 (10) (intro.) If the violation is related to the use or abuse of alcohol
16beverages or, controlled substances or controlled substance analogs, order the child
17to do any of the following:
AB817, s. 49 18Section 49. 48.344 (2e) (a) (intro.) of the statutes is amended to read:
AB817,22,2319 48.344 (2e) (a) (intro.) If a court finds a child committed a violation under s.
20161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), or a local
21ordinance that strictly conforms to one of those statutes, it shall suspend or revoke
22the child's operating privilege, as defined in s. 340.01 (40), for not less than 6 months
23nor more than 5 years and, in addition, shall order one of the following penalties:
AB817, s. 50 24Section 50. 48.344 (2e) (b) of the statutes is amended to read:
AB817,23,7
148.344 (2e) (b) Whenever a court suspends or revokes a child's operating
2privilege under this subsection, the court shall immediately take possession of any
3suspended or revoked license and forward it to the department of transportation,
4together with the notice of suspension or revocation clearly stating that the
5suspension or revocation is for a violation under s. 161.573 (2), 161.574 (2) or 161.575
6(2)
961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms
7to one of those statutes.
AB817, s. 51 8Section 51. 48.344 (3) of the statutes is amended to read:
AB817,23,169 48.344 (3) If the child alleged to have committed the violation is within 3
10months of his or her 18th birthday, the court assigned to exercise jurisdiction under
11this chapter may, at the request of the district attorney or on its own motion, dismiss
12the citation without prejudice and refer the matter to the district attorney for
13prosecution under s. 125.07 (4). The child is entitled to a hearing only on the issue
14of his or her age. This subsection does not apply to violations under s. 161.573 (2),
15161.574 (2) or 161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance
16that strictly conforms to one of those statutes.
AB817, s. 52 17Section 52. 48.345 (13) (a) of the statutes, as affected by 1995 Wisconsin Act
1877
, section 263, is amended to read:
AB817,24,319 48.345 (13) (a) If the report prepared under s. 48.33 (1) recommends that the
20child is in need of treatment for the use or abuse of alcohol beverages or, controlled
21substances or controlled substance analogs and its medical, personal, family or social
22effects, the court may order the child to enter an outpatient alcohol and other drug
23abuse treatment program at an approved treatment facility. The approved
24treatment facility shall, under the terms of a service agreement between the county
25and the approved treatment facility, or with the written informed consent of the child

1or the child's parent if the child has not attained the age of 12, report to the agency
2primarily responsible for providing services to the child as to whether the child is
3cooperating with the treatment and whether the treatment appears to be effective.
AB817, s. 53 4Section 53. 48.345 (13) (b) of the statutes, as affected by 1995 Wisconsin Act
577
, section 263, is amended to read:
AB817,24,146 48.345 (13) (b) If the report prepared under s. 48.33 (1) recommends that the
7child is in need of education relating to the use of alcohol beverages or, controlled
8substances or controlled substance analogs, the court may order the child to
9participate in an alcohol or other drug abuse education program approved by the
10court. The person or agency that provides the education program shall, under the
11terms of a service agreement between the county and the education program, or with
12the written informed consent of the child or the child's parent if the child has not
13attained the age of 12, report to the agency primarily responsible for providing
14services to the child about the child's attendance at the program.
AB817, s. 54 15Section 54. 48.396 (1m) of the statutes is amended to read:
AB817,24,2316 48.396 (1m) If requested by the school district administrator of a public school
17district, a law enforcement agency may provide to the school district administrator
18any information in its records relating to the use, possession or distribution of alcohol
19or, a controlled substance or a controlled substance analog by a pupil enrolled in the
20public school district. The information may be used by the school district only as
21provided under s. 118.127 (2). In this subsection, "controlled substance" has the
22meaning given in s. 161.01 961.01 (4), and "controlled substance analog" has the
23meaning given in s. 961.01 (4m)
.
AB817, s. 55 24Section 55. 48.396 (2) (c) of the statutes is amended to read:
AB817,25,7
148.396 (2) (c) Upon request of a law enforcement agency to review court records
2for the purpose of investigating a crime that might constitute criminal gang activity,
3as defined in s. 941.38 (1) (b), the court shall open for inspection by authorized
4representatives of the law enforcement agency the records of the court relating to any
5child who has been found to have committed a delinquent act at the request of or for
6the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a
7felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult.
AB817, s. 56 8Section 56. 48.396 (7) (b) of the statutes is amended to read:
AB817,25,159 48.396 (7) (b) If a child is found to have committed a delinquent act at the
10request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would
11have been a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an
12adult and is adjudged delinquent on that basis, within 5 days after the date on which
13the dispositional order is entered the court clerk shall notify the principal of the
14child's school and the school board of the school district in which the child is enrolled
15of the fact that the child has been adjudicated delinquent on that basis.
AB817, s. 57 16Section 57. 48.547 (1) of the statutes is amended to read:
AB817,26,417 48.547 (1) Legislative findings and purpose. The legislature finds that the use
18and abuse of alcohol and other drugs by children is a state responsibility of statewide
19dimension. The legislature recognizes that there is a lack of adequate procedures to
20screen, assess and treat children for alcohol and other drug abuse. To reduce the
21incidence of alcohol and other drug abuse by children, the legislature deems it
22necessary to experiment with solutions to the problems of the use and abuse of
23alcohol and other drugs by children by establishing a juvenile alcohol and other drug
24abuse pilot program in a limited number of counties. The purpose of the program is
25to develop intake and court procedures that screen, assess and give new dispositional

1alternatives for children with needs and problems related to the use of alcohol
2beverages or, controlled substances or controlled substance analogs who come within
3the jurisdiction of a court assigned to exercise jurisdiction under this chapter in the
4pilot counties selected by the department.
AB817, s. 58 5Section 58. 48.547 (1) of the statutes, as affected by 1995 Wisconsin Acts 77
6and .... (this act), is repealed and recreated to read:
AB817,26,197 48.547 (1) Legislative findings and purpose. The legislature finds that the use
8and abuse of alcohol and other drugs by children is a state responsibility of statewide
9dimension. The legislature recognizes that there is a lack of adequate procedures to
10screen, assess and treat children for alcohol and other drug abuse. To reduce the
11incidence of alcohol and other drug abuse by children, the legislature deems it
12necessary to experiment with solutions to the problems of the use and abuse of
13alcohol and other drugs by children by establishing a juvenile alcohol and other drug
14abuse pilot program in a limited number of counties. The purpose of the program is
15to develop intake and court procedures that screen, assess and give new dispositional
16alternatives for children with needs and problems related to the use of alcohol
17beverages, controlled substances or controlled substance analogs who come within
18the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch.
19938 in the pilot counties selected by the department.
AB817, s. 59 20Section 59. 59.07 (107) of the statutes is amended to read:
AB817,27,421 59.07 (107) Possession of marijuana. Enact and enforce an ordinance to
22prohibit the possession of 25 grams or less of marijuana, as defined in s. 161.01
23961.01 (14), subject to the exceptions in s. 161.41 (3r) 961.41 (3g) (intro.), and provide
24a forfeiture for a violation of the ordinance; except that any person who is charged
25with possession of more than 25 grams of marijuana, or who is charged with

1possession of any amount of marijuana following a conviction for possession of
2marijuana, in this state shall not be prosecuted under this subsection. Any
3ordinance enacted under this subsection does not apply in any city, village or town
4that has enacted an ordinance prohibiting the possession of marijuana.
AB817, s. 60 5Section 60. 59.20 (5) (b) of the statutes is amended to read:
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