AB482,94,2 (c) In determining whether a permittee or compassion center 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 or compassion center is a defense to any prosecution for a violation under par. (a):

AB482,94,4 1. That the underage person falsely represented that he or she had attained the legal age.

AB482,94,6 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.

AB482,94,9 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.

AB482,94,11 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

AB482,94,13 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB482,94,14 (a) Procures or attempts to procure marijuana from a permittee.

AB482,94,16 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

AB482,94,18 (c) Knowingly possesses or consumes marijuana, except that this paragraph does not apply to an underage person who is a qualifying patient.

AB482,94,19 (d) Violates sub. (2m).

AB482,94,25 (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 that is not a compassion center. An underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal age or by his or her treatment team may not enter, knowingly attempt to enter, or be on the premises of a compassion center.

AB482,95,2 (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:

AB482,95,4 (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.

AB482,95,5 (b) Encourages or contributes to a violation of sub. (2) (a).

AB482,95,12 961.72 Restrictions; penalties. (1) No person except a permittee or a compassion center 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 or except a compassion center or a member of a treatment team who distributes or delivers, or possesses with the intent to distribute or deliver, to a qualifying patient. Any person who violates a prohibition under this subsection is guilty of the following:

AB482,95,13 (a) Except as provided in par. (b), a Class I felony.

AB482,95,17 (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.

AB482,95,21 (2) (a) A person that is not a permittee or a compassion center who possesses an amount of marijuana that exceeds the permissible amount but does not exceed 28 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

AB482,95,24 (b) A person who is not a permittee, a compassion center, a qualifying patient, or a treatment team member who possesses an amount of marijuana that exceeds 28 grams of marijuana:

AB482,95,25 1. Except as provided in subd. 2., a Class B misdemeanor.

AB482,96,2 2. A Class I felony if the person has taken action to hide how much marijuana the person possesses and any of the following applies:

AB482,96,5 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB482,96,8 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana if the method exceeds a method that would be used by a reasonable person in the person's region.

AB482,96,10 c. The person has rigged a system so that any individual approaching the area may be injured or killed by the system.

AB482,96,13 (c) A person who is not a permittee, a compassion center, a qualifying patient, or a treatment team member who cultivates more than 6 marijuana plants at one time is one of the following:

AB482,96,15 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

AB482,96,17 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number of marijuana plants is more than 12.

AB482,96,20 3. Guilty of a Class I felony if the number of marijuana plants is more than 12, if the individual has taken action to hide how many plants are being cultivated, and if any of the following applies:

AB482,96,23 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains plants if the system exceeds a security system that would be used by a reasonable person in the person's region.