AB846,41,3
1(2) Any permittee who fails to keep the records required by s. 139.974 (1) and
2(2) shall be fined not less than $100 nor more than $500 or imprisoned not more than
36 months or both.
AB846,41,8 4(3) Any person who refuses to permit the examination or inspection authorized
5under s. 139.975 (3) may be fined not more than $500 or imprisoned not more than
66 months or both. The department shall immediately suspend or revoke the permit
7of any person who refuses to permit the examination or inspection authorized under
8s. 139.975 (3).
AB846,41,11 9(4) Any person who violates any of the provisions of this subchapter for which
10no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
11or imprisoned not less than 10 days nor more than 90 days or both.
AB846,41,14 12(5) Any person who violates any of the rules promulgated in accordance with
13this subchapter shall be fined not less than $100 nor more than $500 or imprisoned
14not more than 6 months or both.
AB846,41,18 15(6) In addition to the penalties imposed for violating the provisions of this
16subchapter or any of the department's rules, the department shall revoke the permit
17of any person convicted of such a violation and not issue another permit to that
18person for a period of 2 years following the revocation.
AB846,41,22 19(7) Unpaid taxes bear interest at the rate of 12 percent per year from the due
20date of the return until paid or deposited with the department, and all refunded taxes
21bear interest at the rate of 3 percent per year from the due date of the return to the
22date on which the refund is certified on the refund rolls.
AB846,41,24 23(8) All nondelinquent payments of additional amounts owed shall be applied
24in the following order: penalties, interest, tax principal.
AB846,42,3
1(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per
2month until paid. The taxes imposed by this subchapter shall become delinquent if
3not paid:
AB846,42,54 (a) In the case of a timely filed return, no return filed or a late return, on or
5before the due date of the return.
AB846,42,76 (b) In the case of a deficiency determination of taxes, within 2 months after the
7date of demand.
AB846,42,11 8(10) If due to neglect an incorrect return is filed, the entire tax finally
9determined is subject to a penalty of 25 percent of the tax exclusive of interest or
10other penalty. A person filing an incorrect return has the burden of proving that the
11error or errors were due to good cause and not due to neglect.
AB846,42,17 12139.979 Personal use. An individual who possesses no more than 6
13marijuana plants that have reached the flowering stage at any one time is not subject
14to the tax imposed under s. 139.971. An individual who possesses more than 6
15marijuana plants that have reached the flowering stage at any one time shall apply
16for the appropriate permit under s. 139.972 and pay the appropriate tax imposed
17under s. 139.971.
AB846,42,22 18139.980 Agreement with tribes. The department may enter into an
19agreement with a federally recognized American Indian Tribe in this state for the
20administration and enforcement of this subchapter and to provide refunds of the tax
21imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members
22of the tribe residing on the tribal land.
AB846,35 23Section 35 . 157.06 (11) (hm) of the statutes is created to read:
AB846,43,224 157.06 (11) (hm) Unless otherwise required by federal law, a hospital,
25physician, procurement organization, or other person may not determine the

1ultimate recipient of an anatomical gift based solely upon a positive test for the use
2of marijuana by a potential recipient.
AB846,36 3Section 36 . 157.06 (11) (i) of the statutes is amended to read:
AB846,43,54 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in
5this section affects the allocation of organs for transplantation or therapy.
AB846,37 6Section 37 . 238.139 of the statutes is created to read:
AB846,43,10 7238.139 Financial assistance for underserved communities. The
8corporation shall expend $5,000,000 annually to provide grants, loans, and other
9assistance to underserved communities in this state, including members of minority
10groups, woman-owned businesses, and individuals and businesses in rural areas.
AB846,38 11Section 38 . 250.22 of the statutes is created to read:
AB846,43,14 12250.22 Health equity grants. (1) From the appropriation under s. 20.435
13(1) (r), the department shall award grants to community organizations to implement
14community health worker care models.
AB846,43,17 15(2) From the appropriation under s. 20.435 (1) (r), the department shall award
16grants to community organizations and local or tribal health departments to hire
17health equity strategists and to implement health equity action plans.
AB846,39 18Section 39 . 289.33 (3) (d) of the statutes is amended to read:
AB846,44,1119 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
20authorization, approval, variance or exception or any restriction, condition of
21approval or other restriction, regulation, requirement or prohibition imposed by a
22charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
23a town, city, village, county or special purpose district, including without limitation
24because of enumeration any ordinance, resolution or regulation adopted under s.
2591.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),

1(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
2(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
3(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
4(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
5(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
659.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
7(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
8and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
961.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
1087.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
11of ch. 91.
AB846,40 12Section 40 . 349.02 (2) (b) 4. of the statutes is amended to read:
AB846,44,1413 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
1466.0107 (1) (bm).
AB846,41 15Section 41 . 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
16to read:
AB846,45,217 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis,
18whether growing or not, with a tetrahydrocannabinols concentration that is greater
19than 0.3 percent on a dry weight basis
; the seeds thereof; the resin extracted from
20any part of the plant; and every compound, manufacture, salt, derivative, mixture,
21or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.
22“Marijuana" does include the mature stalks if mixed with other parts of the plant,
23but does not include fiber produced from the stalks, oil or cake made from the seeds
24of the plant, any other compound, manufacture, salt, derivative, mixture , or
25preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or

1cake or the sterilized seed of the plant which is incapable of germination.
2“Marijuana” does not include hemp, as defined in s. 94.55 (1).
AB846,42 3Section 42 . 961.11 (4g) of the statutes is repealed.
AB846,43 4Section 43 . 961.14 (4) (t) of the statutes is repealed.
AB846,44 5Section 44 . 961.32 (2m) of the statutes is repealed.
AB846,45 6Section 45 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
7renumbered, is amended to read:
AB846,45,8 8961.75 (title) Controlled substances Marijuana therapeutic research.
AB846,46 9Section 46 . 961.38 (1n) of the statutes is repealed.
AB846,47 10Section 47 . 961.41 (1) (h) of the statutes is repealed.
AB846,48 11Section 48 . 961.41 (1m) (h) of the statutes is repealed.
AB846,49 12Section 49 . 961.41 (1q) of the statutes is repealed.
AB846,50 13Section 50 . 961.41 (1r) of the statutes is amended to read:
AB846,45,2314 961.41 (1r) Determining weight of substance. In determining amounts under
15s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
16of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
17psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
18cannabinoids, or substituted cathinones, or any controlled substance analog of any
19of these substances together with any compound, mixture, diluent, plant material
20or other substance mixed or combined with the controlled substance or controlled
21substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
22(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
23(4) (t) and includes the weight of any marijuana.
AB846,51 24Section 51. 961.41 (1x) of the statutes is amended to read:
AB846,46,3
1961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
2to commit a crime under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g) is subject to the
3applicable penalties under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g).
AB846,52 4Section 52 . 961.41 (3g) (c) of the statutes is amended to read:
AB846,46,145 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
6possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
7base, the person shall be fined not more than $5,000 and may be imprisoned for not
8more than one year in the county jail upon a first conviction and is guilty of a Class
9I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
10is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
11offense, the offender has at any time been convicted of any felony or misdemeanor
12under this chapter or under any statute of the United States or of any state relating
13to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
14or depressant, stimulant, or hallucinogenic drugs.
AB846,53 15Section 53 . 961.41 (3g) (d) of the statutes is amended to read:
AB846,47,716 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
17possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
18amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
19N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
20(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
21lysergic acid diethylamide, phencyclidine, amphetamine,
223,4-methylenedioxymethamphetamine, methcathinone, cathinone,
23N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
24(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
25$5,000 or imprisoned for not more than one year in the county jail or both upon a first

1conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
2purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
3prior to the offender's conviction of the offense, the offender has at any time been
4convicted of any felony or misdemeanor under this chapter or under any statute of
5the United States or of any state relating to controlled substances, controlled
6substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
7hallucinogenic drugs.
AB846,54 8Section 54 . 961.41 (3g) (e) of the statutes is repealed.
AB846,55 9Section 55 . 961.41 (3g) (em) of the statutes is amended to read:
AB846,47,2010 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
11possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
12analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
13not more than $1,000 or imprisoned for not more than 6 months or both upon a first
14conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
15purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
16prior to the offender's conviction of the offense, the offender has at any time been
17convicted of any felony or misdemeanor under this chapter or under any statute of
18the United States or of any state relating to controlled substances, controlled
19substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
20hallucinogenic drugs.
AB846,56 21Section 56 . 961.47 (1) of the statutes is amended to read:
AB846,48,1222 961.47 (1) Whenever any person who has not previously been convicted of any
23offense under this chapter, or of any offense under any statute of the United States
24or of any state or of any county ordinance relating to controlled substances or
25controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,

1or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
2possession of a controlled substance or controlled substance analog under s. 961.41
3(3g) (b), the court, without entering a judgment of guilt and with the consent of the
4accused, may defer further proceedings and place him or her on probation upon terms
5and conditions. Upon violation of a term or condition, the court may enter an
6adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
7terms and conditions, the court shall discharge the person and dismiss the
8proceedings against him or her. Discharge and dismissal under this section shall be
9without adjudication of guilt and is not a conviction for purposes of disqualifications
10or disabilities imposed by law upon conviction of a crime, including the additional
11penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
12only one discharge and dismissal under this section with respect to any person.
AB846,57 13Section 57 . 961.48 (3) of the statutes is amended to read:
AB846,48,1914 961.48 (3) For purposes of this section, a felony offense under this chapter is
15considered a 2nd or subsequent offense if, prior to the offender's conviction of the
16offense, the offender has at any time been convicted of any felony or misdemeanor
17offense under this chapter or under any statute of the United States or of any state
18relating to controlled substances or controlled substance analogs, narcotic drugs,
19marijuana or depressant, stimulant, or hallucinogenic drugs.
AB846,58 20Section 58 . 961.48 (5) of the statutes is amended to read:
AB846,48,2221 961.48 (5) This section does not apply if the person is presently charged with
22a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB846,59 23Section 59 . 961.49 (1m) (intro.) of the statutes is amended to read:
AB846,49,624 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
25or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)

1or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
2phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
3methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
4controlled substance analog of any of these substances and the delivery, distribution
5or possession takes place under any of the following circumstances, the maximum
6term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB846,60 7Section 60 . 961.571 (1) (a) 7. of the statutes is repealed.
AB846,61 8Section 61 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB846,49,119 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
10for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
11or hashish oil into the human body, such as:
AB846,62 12Section 62 . 961.571 (1) (a) 11. e. of the statutes is repealed.
AB846,63 13Section 63 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB846,64 14Section 64 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
15is created to read:
AB846,49,1616 Chapter 961
AB846,49,1717 Subchapter VIII
AB846,49,1818 regulation of Marijuana
AB846,49,19 19961.70 Definitions. In this subchapter:
AB846,49,21 20(2) “Legal age" means 21 years of age, except in the case of a qualifying patient,
21as defined in s. 73.17 (1) (d).
AB846,49,22 22(5) “Permissible amount" means one of the following:
AB846,49,2423 (a) For a person who is a resident of Wisconsin, an amount that does not exceed
242 ounces of usable marijuana.
AB846,50,2
1(b) For a person who is not a resident of Wisconsin, an amount that does not
2exceed one-quarter ounce of usable marijuana.
AB846,50,3 3(6) “Permittee" has the meaning given under s. 139.97 (10).
AB846,50,4 4(8) “Retail outlet" has the meaning given in s. 139.97 (11).
AB846,50,9 5(9) “Tetrahydrocannabinols concentration" means the percent of
6delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
7Cannabis, or per volume or weight of marijuana product, or the combined percent of
8delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
9plant Cannabis regardless of moisture content.
AB846,50,10 10(11) “Underage person" means a person who has not attained the legal age.
AB846,50,11 11(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB846,50,13 12961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
13may sell, distribute, or deliver marijuana to any underage person.
AB846,50,1514 2. No permittee may directly or indirectly permit an underage person to violate
15sub. (2m).
AB846,50,1816 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
17more than $500 and to a suspension of the permittee's permit for an amount of time
18not to exceed 30 days.
AB846,50,2419 (c) In determining whether a permittee has violated par. (a) 2., all relevant
20circumstances surrounding the presence of the underage person may be considered.
21In determining whether a permittee has violated par. (a) 1., all relevant
22circumstances surrounding the selling, distributing, or delivering of marijuana may
23be considered. In addition, proof of all of the following facts by the permittee is a
24defense to any prosecution for a violation under par. (a):
AB846,51,2
11. That the underage person falsely represented that he or she had attained the
2legal age.
AB846,51,43 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.
AB846,51,75 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.
AB846,51,98 4. That the underage person supported the representation under subd. 1. with
9documentation that he or she had attained the legal age.
AB846,51,11 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:
AB846,51,1212 (a) Procures or attempts to procure marijuana from a permittee.
AB846,51,1413 (b) Falsely represents his or her age for the purpose of receiving marijuana from
14a permittee.
AB846,51,1515 (c) Knowingly possesses or consumes marijuana.
AB846,51,1616 (d) Violates sub. (2m).
AB846,51,19 17(2m) An underage person not accompanied by his or her parent, guardian, or
18spouse who has attained the legal age may not enter, knowingly attempt to enter, or
19be on the premises of a retail outlet.
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