AB997: Bill Text

LRB-1397/1

CMH:kjf

2015 - 2016 LEGISLATURE

2015 Assembly BILL 997

March 15, 2016 - Introduced by Representatives Goyke, Bowen, Barnes, Brostoff, Zamarripa, Zepnick, Spreitzer and Considine. Referred to Committee on Criminal Justice and Public Safety.

AB997,1,4 An Act to renumber and amend 961.48 (1); to amend 961.41 (3g) (e), 961.48 (2m) (a), 961.48 (2m) (b) 1. and 2., 961.48 (3) and 961.48 (5); and to create 961.48 (1g) of the statutes; relating to: penalties for the possession of marijuana.

Analysis by the Legislative Reference Bureau

Under current law, a person who possesses or attempts to possess tetrahydrocannabinols (THC) is guilty of a misdemeanor and may be imprisoned for not more than six months or fined not more than $1,000, or both, for a first offense and is guilty of a felony and may be imprisoned for no more than three years and six month or fined not more than $10,000, or both, for a second or subsequent offense. Under this bill, a first offense would be a misdemeanor for which the person could be imprisoned not more than 90 days or fined not more than $1,000, or both. A second offense would subject the person to the penalty for a first offense under current law, and a third or subsequent offense would subject the person to the penalty for a second offense under current law.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB997,1 Section 1. 961.41 (3g) (e) of the statutes is amended to read:

AB997,2,12 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months 90 days or both upon a first conviction, may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a 2nd conviction, and is guilty of a Class I felony for a 2nd 3rd or subsequent offense conviction. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's a conviction of the offense, the offender has at any time been convicted means a conviction of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB997,2 Section 2. 961.48 (1) of the statutes is renumbered 961.48 (1m) and amended to read:

AB997,2,18 961.48 (1m) If a person is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under sub. (3) and the person is convicted of that 2nd or subsequent offense, the maximum term of imprisonment for the offense may be increased as follows:

AB997,2,19 (a) By not more than 6 years, if the felony offense is a Class C or D felony.

AB997,2,20 (b) By not more than 4 years, if the felony offense is a Class E, F, G, H, or I felony.

AB997,3 Section 3. 961.48 (1g) of the statutes is created to read:

AB997,2,23 961.48 (1g) In this section, "felony offense" means a felony under this chapter except for a felony under s. 961.41 (3g) (e).

AB997,4 Section 4. 961.48 (2m) (a) of the statutes is amended to read:

AB997,3,8 961.48 (2m) (a) Whenever a person charged with a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) (1m) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) (1m) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

AB997,5 Section 5. 961.48 (2m) (b) 1. and 2. of the statutes are amended to read:

AB997,3,11 961.48 (2m) (b) 1. Charges an a felony offense as a 2nd or subsequent offense under this chapter by alleging any applicable prior convictions.

AB997,3,13 2. Withdraws the charging of an a felony offense as a 2nd or subsequent offense under this chapter by withdrawing an allegation of applicable prior convictions.

AB997,6 Section 6. 961.48 (3) of the statutes is amended to read:

AB997,3,21 961.48 (3) For purposes of this section, a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony offense or misdemeanor offense under this chapter excluding a misdemeanor under s. 961.41 (3g) (e) or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

AB997,7 Section 7. 961.48 (5) of the statutes is amended to read:

AB997,3,24 961.48 (5) This section does not apply if the person is presently charged with a felony offense under s. 961.41 (3g) (c), (d), (e), or (g).

AB997,3,25 (End)