AB220,117,119 (c) A person who is not a permittee, a compassion center, a qualifying patient,
10or a treatment team member who possesses more than 6 marijuana plants that have
11reached the flowering stage at one time is one of the following:
AB220,117,1312 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.
AB220,117,1514 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number
15of marijuana plants that have reached the flowering stage is more than 12.
AB220,117,1916 3. Guilty of a Class I felony if the number of marijuana plants that have reached
17the flowering stage is more than 12, if the individual has taken action to hide the
18number of marijuana plants that have reached the flowering stage, and if any of the
19following applies:
AB220,117,2320 a. The person has in place a system that could alert the person if law
21enforcement approaches an area that contains marijuana plants if the system
22exceeds a security system that would be used by a reasonable person in the person's
23region.
AB220,118,3
1b. The person has in place a method of intimidating individuals who approach
2an area that contains marijuana plants if the method exceeds a method that would
3be used by a reasonable person in the person's region.
AB220,118,54 c. The person has rigged a system so that any individual approaching the area
5that contains marijuana plants may be injured or killed by the system.
AB220,118,96 (d) No person except a qualifying patient, a member of a treatment team, a
7permittee, or a compassion center may possess marijuana plants that have reached
8the flowering stage. Any person who violates this prohibition must apply for a permit
9under s. 139.979; in addition, the person is one of the following:
AB220,118,1110 1. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that
11is not more than twice the permitting fee under s. 139.979.
AB220,118,1412 2. Except as provided in subds. 3. and 4., subject to a civil forfeiture not to
13exceed $1,000 or imprisonment not to exceed 90 days or both if the number of
14marijuana plants that have reached the flowering stage is more than 6.
AB220,118,1615 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number
16of marijuana plants that have reached the flowering stage is more than 12.
AB220,118,2017 4. Guilty of a Class I felony if the number of marijuana plants that have reached
18the flowering stage is more than 12, if the person has taken action to hide how many
19marijuana plants that have reached the flowering stage are being cultivated, and if
20any of the following applies:
AB220,118,2421 a. The person has in place a system that could alert the person if law
22enforcement approaches an area that contains marijuana plants if the system
23exceeds a security system that would be used by a reasonable person in the person's
24region.
AB220,119,3
1b. The person has in place a method of intimidating individuals who approach
2an area that contains marijuana plants if the method exceeds a method that would
3be used by a reasonable person in the person's region.
AB220,119,54 c. The person has rigged a system so that any individual approaching the area
5that contains marijuana plants may be injured or killed by the system.
AB220,119,76 (e) Whoever uses or displays marijuana in a public space is subject to a civil
7forfeiture of not more than $100.
AB220,119,9 8(3) Any person except a compassion center who sells or attempts to sell
9marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.
AB220,249 10Section 249 . 967.055 (1) (a) of the statutes is amended to read:
AB220,119,2211 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution
12of offenses concerning the operation of motor vehicles by persons under the influence
13of an intoxicant, a controlled substance, a controlled substance analog or any
14combination of an intoxicant, controlled substance and controlled substance analog,
15under the influence of any other drug to a degree which renders him or her incapable
16of safely driving, or under the combined influence of an intoxicant and any other drug
17to a degree which renders him or her incapable of safely driving or having a
18prohibited alcohol concentration, as defined in s. 340.01 (46m), or having a
19tetrahydrocannabinols concentration of 5.0 or greater,
offenses concerning the
20operation of motor vehicles by persons with a detectable amount of a restricted
21controlled substance in his or her blood, and offenses concerning the operation of
22commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.
AB220,250 23Section 250 . 967.055 (1) (b) of the statutes is amended to read:
AB220,120,724 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution
25of offenses concerning the operation of motorboats by persons under the influence of

1an intoxicant, a controlled substance, a controlled substance analog or any
2combination of an intoxicant, controlled substance and controlled substance analog
3to a degree which renders him or her incapable of operating a motorboat safely, or
4under the combined influence of an intoxicant and any other drug to a degree which
5renders him or her incapable of operating a motorboat safely or having an alcohol
6concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or
7greater
.
AB220,251 8Section 251 . 967.055 (1m) (b) 1. of the statutes is amended to read:
AB220,120,109 967.055 (1m) (b) 1. A controlled substance included in schedule I under ch. 961
10other than a tetrahydrocannabinol.
AB220,252 11Section 252 . 967.055 (1m) (b) 5. of the statutes is repealed.
AB220,253 12Section 253 . 967.055 (2) (a) of the statutes is amended to read:
AB220,121,813 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
14or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
15therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
16use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
17to the court. The application shall state the reasons for the proposed amendment or
18dismissal. The court may approve the application only if the court finds that the
19proposed amendment or dismissal is consistent with the public's interest in deterring
20the operation of motor vehicles by persons who are under the influence of an
21intoxicant, a controlled substance, a controlled substance analog or any combination
22of an intoxicant, controlled substance and controlled substance analog, under the
23influence of any other drug to a degree which renders him or her incapable of safely
24driving, or under the combined influence of an intoxicant and any other drug to a
25degree which renders him or her incapable of safely driving, in deterring the

1operation of motor vehicles by persons with a detectable amount of a restricted
2controlled substance in his or her blood, in deterring the operation of motor vehicles
3by persons with a tetrahydrocannabinols concentration that is 5.0 or greater,
or in
4deterring the operation of commercial motor vehicles by persons with an alcohol
5concentration of 0.04 or more. The court may not approve an application to amend
6the vehicle classification from a commercial motor vehicle to a noncommercial motor
7vehicle unless there is evidence in the record that the motor vehicle being operated
8by the defendant at the time of his or her arrest was not a commercial motor vehicle.
AB220,254 9Section 254 . 971.365 (1) (a) of the statutes is amended to read:
AB220,121,1310 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
11(cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be
12prosecuted as a single crime if the violations were pursuant to a single intent and
13design.
AB220,255 14Section 255 . 971.365 (1) (b) of the statutes is amended to read:
AB220,121,1815 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
16(1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may
17be prosecuted as a single crime if the violations were pursuant to a single intent and
18design.
AB220,256 19Section 256 . 971.365 (1) (c) of the statutes is amended to read:
AB220,121,2320 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
21(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
22one violation, all violations may be prosecuted as a single crime if the violations were
23pursuant to a single intent and design.
AB220,257 24Section 257 . 971.365 (2) of the statutes is amended to read:
AB220,122,6
1971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
2prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
3(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
4or s. 961.41 (1) (cm), (d), (e), (f), or (g), or (h), (1m) (cm), (d), (e), (f), or (g), or (h) or (3g)
5(am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original
6charge.
AB220,258 7Section 258 . 973.016 of the statutes is created to read:
AB220,122,11 8973.016 Special disposition for marijuana-related crimes. (1)
9Resentencing persons serving a sentence or probation. (a) A person serving a
10sentence or on probation may request resentencing or dismissal as provided under
11par. (b) if all of the following apply:
AB220,122,1312 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
13(h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.
AB220,122,1414 2. One of the following applies:
AB220,122,1615 a. The person would not have been guilty of a crime had the violation occurred
16on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB220,122,1817 b. The person would have been guilty of a lesser crime had the violation
18occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB220,122,2019 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
20court to request resentencing, adjustment of probation, or dismissal.
AB220,123,321 2. If the court receiving a petition under subd. 1. determines that par. (a)
22applies, the court shall schedule a hearing to consider the petition. At the hearing,
23if the court determines that par. (a) 2. b. applies, the court shall resentence the person
24or adjust the probation and change the record to reflect the lesser crime, and, if the
25court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and

1expunge the record. Before resentencing, adjusting probation, or dismissing a
2conviction under this subdivision, the court shall determine that the action does not
3present an unreasonable risk of danger to public safety.
AB220,123,54 3. If the court resentences the person or adjusts probation, the person shall
5receive credit for time or probation served for the relevant offense.
AB220,123,9 6(2) Redesignating offense for persons who completed a sentence or
7probation.
(a) A person who has completed his or her sentence or period of probation
8may request under par. (b) expungement of the conviction because the conviction is
9legally invalid or redesignation to a lesser crime if all of the following apply:
AB220,123,1110 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
11(h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.
AB220,123,1212 2. One of the following applies:
AB220,123,1413 a. The person would not have been guilty of a crime had the violation occurred
14on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB220,123,1615 b. The person would have been guilty of a lesser crime had the violation
16occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB220,123,1817 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
18court to request expungement or redesignation.
AB220,123,2519 2. If the court receiving a petition under subd. 1. determines that par. (a)
20applies, the court shall schedule a hearing to consider the petition. At the hearing,
21if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
22to a lesser crime and change the record to reflect the lesser crime, and if the court
23determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
24redesignating or expunging under this subdivision, the court shall determine that
25the action does not present an unreasonable risk of danger to public safety.
AB220,124,4
1(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
2court changes or expunges a record under this section, a conviction that was changed
3or expunged is not considered a conviction for any purpose under state or federal law,
4including for purposes of s. 941.29 or 18 USC 921.
AB220,259 5Section 259 . Nonstatutory provisions.
AB220,124,116 (1) Joint legislative council study. The joint legislative council shall study
7the implementation of the marijuana tax and regulation provided under subch. IV
8of ch. 139 and identify uses for the revenues generated by the tax. The joint
9legislative council shall report its findings, conclusions, and recommendations to the
10joint committee on finance no later than 2 years after the effective date of this
11subsection.
AB220,260 12Section 260 . Initial applicability.
AB220,124,1313 (1) Insurance coverage of medical use of marijuana.
AB220,124,1714 (a) For policies and plans containing provisions inconsistent with this act, the
15treatment of ss. 609.83 and 632.895 (16p) first applies to policy or plan years
16beginning on January 1 of the year following the year in which this paragraph takes
17effect, except as provided in par. (b).
AB220,124,2218 (b) For policies or plans that are affected by a collective bargaining agreement
19containing provisions inconsistent with this act, the treatment of ss. 609.83 and
20632.895 (16p) first applies to policy or plan years beginning on the effective date of
21this paragraph or on the day on which the collective bargaining agreement is newly
22established, extended, modified, or renewed, whichever is later.
AB220,124,2323 (End)
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