CMH&SWB:amn
2021 - 2022 LEGISLATURE
March 3, 2021 - Introduced by Senator Bernier, cosponsored by Representatives
Sortwell, Brooks, Bowen, Kitchens, Milroy and Schraa. Referred to
Committee on Labor and Regulatory Reform.
SB164,1,3 1An Act to renumber and amend 961.41 (3g) (e); to amend 59.54 (25) (a) (intro.)
2and 66.0107 (1) (bm); and to create 778.25 (1) (a) 2m. of the statutes; relating
3to:
possession of not more than 10 grams of marijuana and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing or attempting to possess
marijuana. A person who violates the prohibition is guilty of a misdemeanor crime
and may be fined not more than $1,000 or imprisoned for not more than six months,
or both, for a first conviction and is guilty of a Class I felony and may be fined not more
than $10,000 or imprisoned for not more than three years and six months, or both,
for a repeat conviction. This bill reduces to a $100 civil forfeiture the penalty for
possessing or attempting to possess not more than 10 grams of marijuana and
eliminates the counting of a conviction involving not more than 10 grams of
marijuana when determining if a violation is a repeat conviction.
Current law allows a local government to enact an ordinance prohibiting the
possession of marijuana and to impose a forfeiture for a violation of the ordinance.
The bill preempts local government from imposing a forfeiture amount for the
possession of not more than 10 grams of marijuana that is different from the
forfeiture amount imposed by the state for possession of not more than 10 grams of
marijuana. The bill does not change the current law that allows local governments
discretion in the forfeiture amount imposed for possession of 10 grams or more of
marijuana.
The bill also specifies that a citation issued for possession of marijuana must
contain provisions for a deposit in lieu of a court appearance. The court may consider

the deposit as a plea of no contest and enter a judgment without the person appearing
in court.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB164,1 1Section 1. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB164,2,122 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
3the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
4s. 961.41 (3g) (intro.), and. The board may provide a forfeiture for a violation of the
5ordinance; except that if. If the board provides a forfeiture, the amount for the
6possession of not more than 10 grams must be the maximum amount of the forfeiture
7in s. 961.41 (3g) (e) 1. If
a complaint is issued regarding an allegation of possession
8of more than 25 grams of marijuana, or possession of any amount more than 10 grams
9of marijuana following a conviction in this state for possession of more than 10 grams
10of
marijuana, the subject of the complaint may not be prosecuted under this
11subsection for the same action that is the subject of the complaint unless all of the
12following occur:
SB164,2 13Section 2. 66.0107 (1) (bm) of the statutes is amended to read:
SB164,3,614 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
15marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
16(intro.), and provide a forfeiture for a violation of the ordinance ; except that if. If the
17board provides a forfeiture, the amount for the possession of not more than 10 grams
18must be the maximum amount of the forfeiture in s. 961.41 (3g) (e) 1. If
a complaint

1is issued regarding an allegation of possession of more than 25 grams of marijuana,
2or possession of any amount more than 10 grams of marijuana following a conviction
3in this state for possession of more than 10 grams of marijuana, the subject of the
4complaint may not be prosecuted under this paragraph for the same action that is
5the subject of the complaint unless the charges are dismissed or the district attorney
6declines to prosecute the case.
SB164,3 7Section 3. 778.25 (1) (a) 2m. of the statutes is created to read:
SB164,3,98 778.25 (1) (a) 2m. Under s. 961.41 (3g) (e) 1. or a local ordinance under s. 59.54
9(25) (a) or 66.0107 (1) (bm).
SB164,4 10Section 4. 961.41 (3g) (e) of the statutes is renumbered 961.41 (3g) (e) 1. and
11amended to read:
SB164,3,1512 961.41 (3g) (e) 1. If a person possesses or attempts to possess not more than
1310 grams of
tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
14substance analog of tetrahydrocannabinols, the person may be subject to a forfeiture
15of not more than $100.
SB164,4,4 162. If a person possesses or attempts to possess more than 10 grams of
17tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance
18analog of tetrahydrocannabinols, the person may be
fined not more than $1,000 or
19imprisoned for not more than 6 months or both upon a first conviction and is guilty
20of a Class I felony for a 2nd or subsequent offense conviction under this subdivision.
21For purposes of this paragraph, an offense subdivision, a conviction is considered a
222nd or subsequent offense conviction if, prior to the offender's conviction of the
23offense
, the offender has at any time been convicted of any felony or misdemeanor
24under this chapter or under any statute of the United States or of any state relating
25to controlled substances, controlled substance analogs, narcotic drugs, marijuana,

1or depressant, stimulant, or hallucinogenic drugs except that, for purposes of this
2subdivision, a conviction under this paragraph for an action occurring before the
3effective date of this subdivision .... [LRB inserts date], may not be counted as a
4conviction if it involves not more than 10 grams of tetrahydrocannabinols
.
SB164,4,55 (End)
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