AB224,110 10Section 110. 346.63 (2p) of the statutes is created to read:
AB224,62,1811 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70
12(2), the person may not drive or operate a motor vehicle while he or she has an
13tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One
14penalty for violation of this subsection is suspension of a person's operating privilege
15under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
16at any time. If a person arrested for a violation of this subsection refuses to take a
17test under s. 343.305, the refusal is a separate violation and the person is subject to
18revocation of the person's operating privilege under s. 343.305 (10) (em).
AB224,111 19Section 111. 346.65 (2m) (a) of the statutes is amended to read:
AB224,63,320 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
21(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
22review the record and consider the aggravating and mitigating factors in the matter.
23If the amount of alcohol in the person's blood or urine or the amount of a restricted
24controlled substance or tetrahydrocannabinols in the person's blood is known, the
25court shall consider that amount as a factor in sentencing. The chief judge of each

1judicial administrative district shall adopt guidelines, under the chief judge's
2authority to adopt local rules under SCR 70.34, for the consideration of aggravating
3and mitigating factors.
AB224,112 4Section 112. 346.65 (2q) of the statutes is amended to read:
AB224,63,85 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If
6there was a minor passenger under 16 years of age in the motor vehicle at the time
7of the violation that gave rise to the conviction under 346.63 (2m) or (2p), the person
8shall be fined $400.
AB224,113 9Section 113. 349.02 (2) (b) 4. of the statutes is amended to read:
AB224,63,1110 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
1166.0107 (1) (bm).
AB224,114 12Section 114. 349.03 (2m) of the statutes is amended to read:
AB224,63,1413 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
14for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB224,115 15Section 115. 349.06 (1m) of the statutes is amended to read:
AB224,63,1716 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
17for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB224,116 18Section 116. 350.01 (10v) (a) of the statutes is amended to read:
AB224,63,2019 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
20other than a tetrahydrocannabinol.
AB224,117 21Section 117. 350.01 (10v) (e) of the statutes is repealed.
AB224,118 22Section 118. 350.01 (21g) of the statutes is created to read:
AB224,63,2423 350.01 (21g) "Tetrahydrocannabinols concentration" has the meaning given in
24s. 23.33 (1) (k).
AB224,119 25Section 119. 350.101 (1) (bg) of the statutes is created to read:
AB224,64,3
1350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
2above specified levels.
No person may engage in the operation of a snowmobile while
3the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB224,120 4Section 120. 350.101 (1) (cg) of the statutes is created to read:
AB224,64,85 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
6above specified levels.
If a person has not attained the age of 21, the person may not
7engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols
8concentration of more than 0.0 but not more than 5.0.
AB224,121 9Section 121. 350.101 (1) (d) of the statutes is amended to read:
AB224,64,1810 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
11may proceed upon a complaint based upon a violation of any combination of par. (a),
12(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
13is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses
14shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg),
15or (bm) for acts arising out of the same incident or occurrence, there shall be a single
16conviction for purposes of sentencing and for purposes of counting convictions under
17s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a
18fact for conviction which the others do not require.
AB224,122 19Section 122. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
20amended to read:
AB224,65,221 350.101 (1) (e) 1. In an action under par. (bm) that is based on the defendant
22allegedly having a detectable amount of methamphetamine, or
23gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
24the defendant has a defense if he or she proves by a preponderance of the evidence
25that at the time of the incident or occurrence he or she had a valid prescription for

1methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
2acid, or.
AB224,65,8 32. In an action under par. (bg) or (cg) that is based on the defendant allegedly
4having a prohibited tetrahydrocannabinols concentration, the defendant has a
5defense if he or she proves by a preponderance of the evidence that at the time of the
6incident or occurrence he or she had a valid prescription for

7delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
850.60 (6)
.
AB224,123 9Section 123. 350.101 (2) (bg) of the statutes is created to read:
AB224,65,1210 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at
11or above specified levels.
No person who has a tetrahydrocannabinols concentration
12of 5.0 or more may cause injury to another person by the operation of a snowmobile.
AB224,124 13Section 124. 350.101 (2) (c) of the statutes is amended to read: