AB224,76,1914
941.20
(1) (bg) Operates or goes armed with a firearm while he or she has a
15tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
16defense to any action under this paragraph if he or she proves by a preponderance
17of the evidence that at the time of the incident or occurrence he or she had a valid
18prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient,
19as defined in s. 50.60 (6).
AB224,160
20Section
160. 941.20 (1) (bm) of the statutes is amended to read:
AB224,77,421
941.20
(1) (bm) Operates or goes armed with a firearm while he or she has a
22detectable amount of a restricted controlled substance in his or her blood. A
23defendant has a defense to any action under this paragraph that is based on the
24defendant allegedly having a detectable amount of methamphetamine
, or 25gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
1if he or she proves by a preponderance of the evidence that at the time of the incident
2or occurrence he or she had a valid prescription for methamphetamine or one of its
3metabolic precursors
, or gamma-hydroxybutyric acid
, or
4delta-9-tetrahydrocannabinol.
AB224,161
5Section
161. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
6to read:
AB224,77,177
961.70
(3) "Marijuana" means all parts of the plants of the genus Cannabis,
8whether growing or not
, with a concentration of tetrahydrocannabinols that is
9greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted
10from any part of the plant; and every compound, manufacture, salt, derivative,
11mixture
, or preparation of the plant, its seeds or resin
, including
12tetrahydrocannabinols. "Marijuana" does include the mature stalks if mixed with
13other parts of the plant, but does not include fiber produced from the stalks, oil or
14cake made from the seeds of the plant, any other compound, manufacture, salt,
15derivative, mixture
, or preparation of the mature stalks (except the resin extracted
16therefrom), fiber, oil
, or cake or the sterilized seed of the plant which is incapable of
17germination.
AB224,162
18Section
162. 961.14 (4) (t) of the statutes is repealed.
AB224,163
19Section
163. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
20as renumbered, is amended to read:
AB224,77,21
21961.75 (title)
Controlled substances Marijuana therapeutic research.
AB224,164
22Section
164. 961.38 (1n) of the statutes is amended to read:
AB224,78,323
961.38
(1n) A pharmacy or physician approved under s.
961.34 961.75 (2) (a)
24or (b) may dispense cannabidiol in a form without a psychoactive effect as a
25treatment for a seizure disorder or any physician may provide an individual with a
1hard copy of a letter or other official documentation stating that the individual
2possesses cannabidiol to treat a seizure disorder if the cannabidiol is in a form
3without a psychoactive effect.
AB224,165
4Section
165. 961.41 (1) (h) of the statutes is repealed.
AB224,166
5Section
166. 961.41 (1m) (h) of the statutes is repealed.
AB224,167
6Section
167. 961.41 (1q) of the statutes is repealed.
AB224,168
7Section
168. 961.41 (1r) of the statutes is amended to read:
AB224,78,178
961.41
(1r) Determining weight of substance. In determining amounts under
9s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
10of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
11psilocybin, amphetamine, methamphetamine,
tetrahydrocannabinols, synthetic
12cannabinoids, or substituted cathinones, or any controlled substance analog of any
13of these substances together with any compound, mixture, diluent, plant material
14or other substance mixed or combined with the controlled substance or controlled
15substance analog.
In addition, in determining amounts under subs. (1) (h) and (1m)
16(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
17(4) (t) and includes the weight of any marijuana.
AB224,169
18Section
169. 961.41 (3g) (c) of the statutes is amended to read:
AB224,79,319
961.41
(3g) (c)
Cocaine and cocaine base. If a person possesses or attempts to
20possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
21base, the person shall be fined not more than $5,000 and may be imprisoned for not
22more than one year in the county jail upon a first conviction and is guilty of a Class
23I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
24is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
25offense, the offender has at any time been convicted of any felony or misdemeanor
1under this chapter or under any statute of the United States or of any state relating
2to controlled substances, controlled substance analogs, narcotic drugs,
marijuana, 3or depressant, stimulant, or hallucinogenic drugs.
AB224,170
4Section
170. 961.41 (3g) (d) of the statutes is amended to read:
AB224,79,215
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
6possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
7amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
8N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
9(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
10lysergic acid diethylamide, phencyclidine, amphetamine,
113,4-methylenedioxymethamphetamine, methcathinone, cathinone,
12N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
13(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
14$5,000 or imprisoned for not more than one year in the county jail or both upon a first
15conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
16purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
17prior to the offender's conviction of the offense, the offender has at any time been
18convicted of any felony or misdemeanor under this chapter or under any statute of
19the United States or of any state relating to controlled substances, controlled
20substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
21hallucinogenic drugs.
AB224,171
22Section
171. 961.41 (3g) (e) of the statutes is repealed.
AB224,172
23Section
172. 961.41 (3g) (em) of the statutes is amended to read:
AB224,80,924
961.41
(3g) (em)
Synthetic cannabinoids. If a person possesses or attempts to
25possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
1analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
2not more than $1,000 or imprisoned for not more than 6 months or both upon a first
3conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
4purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
5prior to the offender's conviction of the offense, the offender has at any time been
6convicted of any felony or misdemeanor under this chapter or under any statute of
7the United States or of any state relating to controlled substances, controlled
8substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
9hallucinogenic drugs.
AB224,173
10Section
173. 961.47 (1) of the statutes is amended to read:
AB224,81,211
961.47
(1) Whenever any person who has not previously been convicted of any
12offense under this chapter, or of any offense under any statute of the United States
13or of any state or of any county ordinance relating to controlled substances or
14controlled substance analogs, narcotic drugs,
marijuana or stimulant, depressant
, 15or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
16possession of a controlled substance or controlled substance analog under s. 961.41
17(3g) (b), the court, without entering a judgment of guilt and with the consent of the
18accused, may defer further proceedings and place him or her on probation upon terms
19and conditions. Upon violation of a term or condition, the court may enter an
20adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
21terms and conditions, the court shall discharge the person and dismiss the
22proceedings against him or her. Discharge and dismissal under this section shall be
23without adjudication of guilt and is not a conviction for purposes of disqualifications
24or disabilities imposed by law upon conviction of a crime, including the additional
1penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
2only one discharge and dismissal under this section with respect to any person.
AB224,174
3Section
174. 961.48 (3) of the statutes is amended to read:
AB224,81,94
961.48
(3) For purposes of this section, a felony offense under this chapter is
5considered a 2nd or subsequent offense if, prior to the offender's conviction of the
6offense, the offender has at any time been convicted of any felony or misdemeanor
7offense under this chapter or under any statute of the United States or of any state
8relating to controlled substances or controlled substance analogs, narcotic drugs,
9marijuana or depressant, stimulant
, or hallucinogenic drugs.
AB224,175
10Section
175. 961.48 (5) of the statutes is amended to read:
AB224,81,1211
961.48
(5) This section does not apply if the person is presently charged with
12a felony under s. 961.41 (3g) (c), (d),
(e), or (g).
AB224,176
13Section
176. 961.49 (1m) (intro.) of the statutes is amended to read:
AB224,81,2114
961.49
(1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f),
or (g)
15or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f),
or (g)
16or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
17phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
18methamphetamine,
or methcathinone
or any form of tetrahydrocannabinols or a
19controlled substance analog of any of these substances and the delivery, distribution
20or possession takes place under any of the following circumstances, the maximum
21term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB224,177
22Section
177. 961.571 (1) (a) 7. of the statutes is repealed.
AB224,178
23Section
178. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB224,82,3
1961.571
(1) (a) 11. (intro.) Objects used, designed for use or primarily intended
2for use in ingesting, inhaling
, or otherwise introducing
marijuana, cocaine, hashish
3or hashish oil into the human body, such as:
AB224,179
4Section
179. 961.571 (1) (a) 11. e. of the statutes is repealed.
AB224,180
5Section
180. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB224,181
6Section
181. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
7is created to read:
AB224,82,99
Subchapter VIII
AB224,82,1010
regulation of Marijuana
AB224,82,11
11961.70 Definitions. In this subchapter:
AB224,82,12
12(1) "Compassion center" has the meaning given in s. 50.60 (1).
AB224,82,13
13(2) "Legal age" means 21 years of age.
AB224,82,14
14(5) "Permissible amount" means one of the following:
AB224,82,1615
(a) For a person who is a resident of Wisconsin, an amount that does not exceed
16one-half an ounce of usable marijuana.
AB224,82,1817
(b) For a person who is not a resident of Wisconsin, an amount that does not
18exceed one-quarter an ounce of usable marijuana.
AB224,82,19
19(6) "Permittee" has the meaning given under s. 139.97 (9).
AB224,82,21
20(7) "Personal-use permit holder" means a person who holds a permit issued
21under s. 139.979.
AB224,82,22
22(8) "Qualifying patient" has the meaning given in s. 50.60 (6).
AB224,82,23
23(9) "Retail outlet" has the meaning given in s. 139.97 (10).
AB224,83,3
24(10) "Tetrahydrocannabinols concentration" means percent of
25delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
1Cannabis, or per volume or weight of marijuana product, or the combined percent of
2delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
3plant Cannabis regardless of moisture content.
AB224,83,4
4(11) "Treatment team" has the meaning given in s. 50.60 (8).
AB224,83,5
5(12) "Underage person" means a person who has not attained the legal age.
AB224,83,6
6(13) "Usable marijuana" has the meaning given in s. 139.97 (12).
AB224,83,10
7961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
8may sell, distribute, or deliver marijuana to any underage person, except that a
9permittee that is also a compassion center may sell, distribute, or deliver to an
10underage person who is a qualifying patient or to a treatment team.
AB224,83,1211
2. No permittee or compassion center may directly or indirectly permit an
12underage person to violate sub. (2m).
AB224,83,1513
(b) 1. A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of
14not more than $500 and to a suspension of the permittee's permit for an amount of
15time not to exceed 30 days.
AB224,83,1716
2. A compassion center that violates par. (a) 2. may be subject to a forfeiture
17of not more than $500.
AB224,83,2418
(c) In determining whether a permittee or compassion center has violated par.
19(a) 2., all relevant circumstances surrounding the presence of the underage person
20may be considered. In determining whether a permittee has violated par. (a) 1., all
21relevant circumstances surrounding the selling, distributing, or delivering of
22marijuana may be considered. In addition, proof of all of the following facts by the
23permittee or compassion center is a defense to any prosecution for a violation under
24par. (a):
AB224,84,2
11. That the underage person falsely represented that he or she had attained the
2legal age.
AB224,84,43
2. That the appearance of the underage person was such that an ordinary and
4prudent person would believe that the underage person had attained the legal age.
AB224,84,75
3. That the action was made in good faith and in reliance on the representation
6and appearance of the underage person in the belief that the underage person had
7attained the legal age.
AB224,84,98
4. That the underage person supported the representation under subd. 1. with
9documentation that he or she had attained the legal age.
AB224,84,11
10(2) Any underage person who does any of the following is subject to a forfeiture
11of not less than $250 nor more than $500:
AB224,84,1212
(a) Procures or attempts to procure marijuana from a permittee.
AB224,84,1413
(b) Falsely represents his or her age for the purpose of receiving marijuana from
14a permittee.
AB224,84,1615
(c) Knowingly possesses or consumes marijuana, except that this paragraph
16does not apply to an underage person who is a qualifying patient.
AB224,84,1717
(d) Violates sub. (2m).
AB224,84,23
18(2m) An underage person not accompanied by his or her parent, guardian, or
19spouse who has attained the legal age may not enter, knowingly attempt to enter, or
20be on the premises of a retail outlet that is not a compassion center. An underage
21person not accompanied by his or her parent, guardian, or spouse who has attained
22the legal age or by his or her treatment team may not enter, knowingly attempt to
23enter, or be on the premises of a compassion center.
AB224,84,25
24(3) An individual who has attained the legal age and who knowingly does any
25of the following may be subject to a forfeiture that does not exceed $1,000:
AB224,85,2
1(a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
2owned by the individual or under the individual's control.
AB224,85,33
(b) Encourages or contributes to a violation of sub. (2) (a).
AB224,85,10
4961.72 Restrictions; penalties. (1) No person except a permittee or a
5compassion center may sell, or possess with the intent to sell, marijuana. No person
6may distribute or deliver, or possess with the intent to distribute or deliver,
7marijuana except a permittee or except a compassion center or a member of a
8treatment team who distributes or delivers, or possesses with the intent to distribute
9or deliver, to a qualifying patient. Any person who violates a prohibition under this
10subsection is guilty of the following:
AB224,85,1111
(a) Except as provided in par. (b), a Class I felony.
AB224,85,1512
(b) If the individual to whom the marijuana is, or is intended to be, sold,
13distributed, or delivered has not attained the legal age and the actual or intended
14seller, distributor, or deliverer is at least 3 years older than the individual to whom
15the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
AB224,85,19
16(2) (a) A person that is not a permittee or a compassion center who possesses
17an amount of marijuana that exceeds the permissible amount but does not exceed 28
18grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or
19imprisonment not to exceed 90 days or both.
AB224,85,2220
(b) A person who is not a permittee, a compassion center, a qualifying patient,
21or a treatment team member who possesses an amount of marijuana that exceeds 28
22grams of marijuana:
AB224,85,2323
1. Except as provided in subd. 2., a Class B misdemeanor.
AB224,85,2524
2. A Class I felony if the person has taken action to hide how much marijuana
25the person possesses and any of the following applies:
AB224,86,3
1a. The person has in place a system that could alert the person if law
2enforcement approaches an area that contains marijuana if the system exceeds a
3security system that would be used by a reasonable person in the person's region.
AB224,86,64
b. The person has in place a method of intimidating individuals who approach
5an area that contains marijuana if the method exceeds a method that would be used
6by a reasonable person in the person's region.
AB224,86,87
c. The person has rigged a system so that any individual approaching the area
8may be injured or killed by the system.
AB224,86,119
(c) A personal-use permit holder who is not a permittee, a compassion center,
10a qualifying patient, or a treatment team member who cultivates more than 12
11marijuana plants at one time is one of the following:
AB224,86,1312
1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to
13exceed $1,000 or imprisonment not to exceed 90 days or both.
AB224,86,1514
2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number
15of marijuana plants is more than 24.
AB224,86,1816
3. Guilty of a Class I felony if the number of marijuana plants is more than 24,
17if the individual has taken action to hide how many plants are being cultivated, and
18if any of the following applies:
AB224,86,2119
a. The person has in place a system that could alert the person if law
20enforcement approaches an area that contains plants if the system exceeds a security
21system that would be used by a reasonable person in the person's region.
AB224,86,2422
b. The person has in place a method of intimidating individuals who approach
23an area that contains plants if the method exceeds a method that would be used by
24a reasonable person in the person's region.
AB224,87,2
1c. The person has rigged a system so that any individual approaching the area
2that contains plants may be injured or killed by the system.
AB224,87,63
(d) No person except a personal-use permit holder, a qualifying patient, a
4member of a treatment team, a permittee, or a compassion center may cultivate
5marijuana plants. Any person who violates this prohibition must apply for a permit
6under s. 139.979; in addition, the person is one of the following: