AB393-ASA4,48,11 (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) 2.:

AB393-ASA4,48,13 1. That the underage person falsely represented that he or she had attained the legal age or that he or she was a qualifying patient.

AB393-ASA4,48,17 2. If the underage person was falsely representing that he or she had attained the legal age, 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.

AB393-ASA4,48,20 3. That the permittee acted in good faith and, if the underage person falsely represented his or her age, in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

AB393-ASA4,48,23 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age or documentation that he or she was a qualifying patient.

AB393-ASA4,48,25 (2) Any underage person who does any of the following is subject to a forfeiture of not more than $250:

AB393-ASA4,49,4 (a) Procures or attempts to procure marijuana from a permittee. This paragraph does not apply to a qualifying patient who has attained the age of 18 years or to a qualifying patient who has not attained the age of 18 years who is accompanied by his or her parent or guardian.

AB393-ASA4,49,6 (b) Falsely represents his or her age for the purpose of procuring marijuana from a permittee.

AB393-ASA4,49,8 (c) Falsely represents that he or she is a qualifying patient for the purpose of procuring marijuana from a permittee.

AB393-ASA4,49,9 (d) Violates sub. (2m).

AB393-ASA4,49,14 (2m) A qualifying patient who is an underage person and who is 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. An underage person who is not a qualifying patient may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

AB393-ASA4,49,16 (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:

AB393-ASA4,49,18 (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.

AB393-ASA4,49,19 (b) Encourages or contributes to a violation of sub. (2) (a).

AB393-ASA4,49,22 (4) Remote sales. 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.

AB393-ASA4,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB393-ASA4,49,24 (1) Special disposition for marijuana-related crimes.

AB393-ASA4,50,2 (a) Definitions. In this subsection, “marijuana-related crime” means a crime under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573, 961.574, or 961.575.

AB393-ASA4,50,5 (b) Identification of records. As soon as practically possible after the effective date of this paragraph, the director of state courts shall identify records created before the effective date of this paragraph of the following:

AB393-ASA4,50,8 1. Persons serving a sentence or on probation if the sentence or probation was imposed for the commission of a marijuana-related crime and one of the following applies:

AB393-ASA4,50,10 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 1 . a.

AB393-ASA4,50,12 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 1 . b.

AB393-ASA4,50,15 2. Persons who have completed their sentence or period of probation if the sentence or period of probation was imposed for the commission of a marijuana-related crime and one of the following applies:

AB393-ASA4,50,17 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 2 . a.

AB393-ASA4,50,19 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 2 . b.

AB393-ASA4,50,21 3. Persons who were charged with the commission of a marijuana-related crime if one of the following applies:

AB393-ASA4,50,23 a. The person would not have been charged with the crime had the commission occurred on or after the effective date of this subd. 3 . a.

AB393-ASA4,50,25 b. The person would have been charged with a lesser crime had the commission occurred on or after the effective date of this subd. 3 . b.

AB393-ASA4,51,1 c. The person was found not guilty of the charge.