AB43: Bill Text

AB43,1720,22 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB43,3339 Section 3339 . 961.455 (2) of the statutes is amended to read:

AB43,1721,3 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

AB43,3340 Section 3340 . 961.46 of the statutes is amended to read:

AB43,1721,10 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB43,3341 Section 3341 . 961.47 (1) of the statutes is amended to read:

AB43,1722,2 961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.

AB43,3342 Section 3342 . 961.472 (5) (b) of the statutes is amended to read:

AB43,1722,6 961.472 (5) (b) The person is participating in a an evidence-based substance abuse use disorder treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB43,3343 Section 3343 . 961.48 (3) of the statutes is amended to read:

AB43,1722,13 961.48 (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 or misdemeanor offense under this chapter 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.

AB43,3344 Section 3344 . 961.48 (5) of the statutes is amended to read:

AB43,1722,16 961.48 (5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).

AB43,3345 Section 3345 . 961.49 (1m) (intro.) of the statutes is amended to read:

AB43,1723,2 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB43,3346 Section 3346 . 961.571 (1) (a) 7. of the statutes is repealed.

AB43,3347 Section 3347 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

AB43,1723,7 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

AB43,3348 Section 3348 . 961.571 (1) (a) 11. e. of the statutes is repealed.

AB43,3349 Section 3349 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

AB43,3350 Section 3350 . 961.573 (2) of the statutes is amended to read:

AB43,1723,12 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB43,3351 Section 3351 . 961.574 (2) of the statutes is amended to read:

AB43,1723,15 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB43,3352 Section 3352 . 961.575 (1) of the statutes is amended to read:

AB43,1723,20 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB43,3353 Section 3353 . 961.575 (2) of the statutes is amended to read:

AB43,1723,23 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB43,3354 Section 3354 . 961.575 (3) of the statutes is amended to read:

AB43,1724,3 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB43,3355 Section 3355 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

AB43,1724,6 Chapter 961

AB43,1724,7 Subchapter VIII

AB43,1724,8 regulation of Marijuana

AB43,1724,9 961.70 Definitions. In this subchapter:

AB43,1724,10 (1) “Extreme measure to avoid detection” means any of the following:

AB43,1724,13 (a) A system that aims to alert a person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB43,1724,16 (b) A method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person's region.

AB43,1724,18 (c) A system that is designed so that an individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB43,1724,20 (1m) “Legal age" means 21 years of age, except that in the case of a qualifying patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.

AB43,1724,21 (3) “Permissible amount" means one of the following:

AB43,1724,23 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

AB43,1724,25 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

AB43,1725,1 (4) “Permittee" has the meaning given under s. 139.97 (10).

AB43,1725,2 (5) “Retail outlet" has the meaning given in s. 139.97 (11).

AB43,1725,7 (6) “Tetrahydrocannabinols concentration" means the percent of tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

AB43,1725,8 (7) “Underage person" means a person who has not attained the legal age.

AB43,1725,9 (8) “Usable marijuana" has the meaning given in s. 139.97 (13).

AB43,1725,11 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person.

AB43,1725,13 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

AB43,1725,16 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not more than $500 and to a suspension of the permittee's permit for an amount of time not to exceed 30 days.

AB43,1725,22 (c) In determining whether a permittee has violated par. (a) 2., all relevant circumstances surrounding the presence of the underage person may be considered. In determining whether a permittee has violated par. (a) 1., all relevant circumstances surrounding the selling, distributing, or delivering of marijuana may be considered. In addition, proof of all of the following facts by the permittee is a defense to any prosecution for a violation under par. (a):

AB43,1725,24 1. That the underage person falsely represented that he or she had attained the legal age.

AB43,1726,2 2. That the appearance of the underage person was such that an ordinary and prudent person would believe that the underage person had attained the legal age.

AB43,1726,5 3. That the action was made in good faith and in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

AB43,1726,7 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

AB43,1726,9 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB43,1726,10 (a) Procures or attempts to procure marijuana from a permittee.

AB43,1726,12 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

AB43,1726,13 (c) Knowingly possesses or consumes marijuana.

AB43,1726,14 (d) Violates sub. (2m).

AB43,1726,17 (2m) An underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal age may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

AB43,1726,19 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

AB43,1726,21 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises owned by the individual or under the individual's control.

AB43,1726,22 (b) Encourages or contributes to a violation of sub. (2) (a).

AB43,1727,2 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following:

AB43,1727,3 (a) Except as provided in par. (b), a Class I felony.

AB43,1727,7 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered has not attained the legal age and the actual or intended seller, distributor, or deliverer is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.

AB43,1727,10 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by not more than one ounce is subject to a civil forfeiture not to exceed $1,000.

AB43,1727,12 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by more than one ounce is one of the following:

AB43,1727,14 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

AB43,1727,17 2. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

AB43,1727,20 (c) A person who is not a permittee that possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

AB43,1727,22 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

AB43,1727,25 2. Except as provided in subd. 3., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both, if the number of marijuana plants that have reached the flowering stage is more than 12.

AB43,1728,4 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage and if the person has in place an extreme measure to avoid detection.

AB43,1728,6 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB43,1728,9 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB43,3356 Section 3356 . 967.055 (1m) (b) 5. of the statutes is repealed.

AB43,3357 Section 3357. 967.056 of the statutes is created to read:

AB43,1728,15 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

AB43,1728,16 (a) The accused or charged violation is the person's first violation of s. 947.01.

AB43,1728,18 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

AB43,1728,21 (c) The person has not been convicted of a felony in this state, or of a violation in another state that would be a felony if committed by an adult in this state, in the preceding 3 years.

AB43,1728,23 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

AB43,1728,24 (a) A deferred prosecution agreement that includes restitution, if applicable.

AB43,1729,2 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

AB43,3358 Section 3358 . 967.11 (1) of the statutes is amended to read:

AB43,1729,6 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).