LRB-2440/1
CMH&MES:wlj:jf
2011 - 2012 LEGISLATURE
March 15, 2012 - Introduced by Representatives Honadel and Rivard. Referred to
Committee on Criminal Justice and Corrections.
AB702,1,3
1An Act to amend 59.54 (25) and 66.0107 (1) (bm) of the statutes;
relating to:
2second and subsequent charges of possession of marijuana under a local
3ordinance.
Analysis by the Legislative Reference Bureau
Under current law, any city, village, town, or county may enact and enforce an
ordinance to prohibit the possession of 25 grams or less of marijuana and provide a
forfeiture (a civil penalty) for a violation of the ordinance. The ordinance, however,
cannot be used to prosecute a person who has previously been convicted of possessing
marijuana. Under this bill, the ordinance may be used to prosecute a person who has
previously been convicted of possessing marijuana if the person is not prosecuted
under the state prohibition against possession.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB702, s. 1
4Section
1. 59.54 (25) of the statutes is amended to read:
AB702,2,95
59.54
(25) Possession of marijuana. The board may enact and enforce an
6ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in
1s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a
2forfeiture for a violation of the ordinance; except that any person who is charged with
3possession of more than 25 grams of marijuana
, or
may not be prosecuted under an
4ordinance enacted under this subsection and a person who is charged with
5possession of any amount of marijuana following a conviction
in this state for
6possession of marijuana
, in this state shall not
may be prosecuted
under an
7ordinance enacted under this subsection
only if the person is not prosecuted under
8s. 961.41 (3g) (e). Any ordinance enacted under this subsection applies in every
9municipality within the county.
AB702, s. 2
10Section
2. 66.0107 (1) (bm) of the statutes is amended to read:
AB702,2,1911
66.0107
(1) (bm) Enact and enforce an ordinance to prohibit the possession of
1225 grams or less of marijuana, as defined in s. 961.01 (14), subject to the exceptions
13in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance;
14except that any person who is charged with possession of more than 25 grams of
15marijuana
, or may not be prosecuted under an ordinance enacted under this
16paragraph and a person who is charged with possession of any amount of marijuana
17following a conviction
in this state for possession of marijuana
, in this state shall not 18may be prosecuted
under an ordinance enacted under this paragraph
only if the
19person is not prosecuted under s. 961.41 (3g) (e).
AB702,2,2221
(1) This act first applies to an individual who is charged with a marijuana
22violation on the effective date of this subsection.
