AB224: Bill Text

AB224,86,13 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.

AB224,86,15 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number of marijuana plants is more than 24.

AB224,86,18 3. Guilty of a Class I felony if the number of marijuana plants is more than 24, if the individual has taken action to hide how many plants are being cultivated, and if any of the following applies:

AB224,86,21 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB224,86,24 b. The person has in place a method of intimidating individuals who approach an area that contains plants if the method exceeds a method that would be used by a reasonable person in the person's region.

AB224,87,2 c. The person has rigged a system so that any individual approaching the area that contains plants may be injured or killed by the system.

AB224,87,6 (d) No person except a personal-use permit holder, a qualifying patient, a member of a treatment team, a permittee, or a compassion center may cultivate marijuana plants. Any person who violates this prohibition must apply for a permit under s. 139.979; in addition, the person is one of the following:

AB224,87,8 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. 139.979.

AB224,87,11 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 is more than 12.

AB224,87,13 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number of marijuana plants is more than 24.

AB224,87,16 4. Guilty of a Class I felony if the number of marijuana plants is more than 24, if the person has taken action to hide how many plants are being cultivated, and if any of the following applies:

AB224,87,19 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB224,87,22 b. The person has in place a method of intimidating individuals who approach an area that contains plants if the method exceeds a method that would be used by a reasonable person in the person's region.

AB224,87,24 c. The person has rigged a system so that any individual approaching the area that contains plants may be injured or killed by the system.

AB224,88,2 (e) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB224,88,6 (3) Any person except a compassion center or a treatment team that sells, distributes, or delivers a product that is intended for human consumption that contains marijuana or marijuana extracts, not including usable marijuana, and that is a product that is edible is guilty of a Class A misdemeanor.

AB224,88,8 (4) Any person except a compassion center who sells or attempts to sell marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.

AB224,182 Section 182. 967.055 (1) (a) of the statutes is amended to read:

AB224,88,21 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or having a tetrahydrocannabinols concentration of 5.0 or greater, offenses concerning the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, and offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

AB224,183 Section 183. 967.055 (1) (b) of the statutes is amended to read:

AB224,89,6 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or greater.

AB224,184 Section 184. 967.055 (1m) (b) 1. of the statutes is amended to read:

AB224,89,9 967.055 (1m) (b) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB224,185 Section 185. 967.055 (1m) (b) 5. of the statutes is repealed.

AB224,186 Section 186. 967.055 (2) (a) of the statutes is amended to read:

AB224,90,7 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, in deterring the operation of motor vehicles by persons with a tetrahydrocannabinols concentration that is 5.0 or greater, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB224,187 Section 187. 971.365 (1) (a) of the statutes is amended to read:

AB224,90,12 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (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.

AB224,188 Section 188. 971.365 (1) (b) of the statutes is amended to read:

AB224,90,17 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (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.

AB224,189 Section 189. 971.365 (1) (c) of the statutes is amended to read:

AB224,90,22 971.365 (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.

AB224,190 Section 190. 971.365 (2) of the statutes is amended to read:

AB224,91,4 971.365 (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), (e), (f), or (g), or (h), (1m) (cm), (d), (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.

AB224,191 Section 191. Nonstatutory provisions.

AB224,91,11 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subchapter V of chapter 139 of the statutes and identify uses for the revenues deposited into the marijuana fund under section 25.56 of the statutes. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance by December 31, 2016.

AB224,192 Section 192. Effective date.

AB224,91,14 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB224,91,15 (End)