Amendment SA12-AB56

AB56-SA12,99,22 (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require.

AB56-SA12,221 Section 221. 940.25 (2) (a) of the statutes is amended to read:

AB56-SA12,99,25 940.25 (2) (a) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e).

AB56-SA12,222 Section 222. 940.25 (2) (b) of the statutes is amended to read:

AB56-SA12,100,13 940.25 (2) (b) In any action under this section that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB56-SA12,223 Section 223. 940.25 (2) (c) of the statutes is created to read:

AB56-SA12,100,19 940.25 (2) (c) In any action under this section that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

AB56-SA12,224 Section 224. 941.20 (1) (bg) of the statutes is created to read:

AB56-SA12,101,2 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a defense to any action under this paragraph if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

AB56-SA12,225 Section 225. 941.20 (1) (bm) of the statutes is amended to read:

AB56-SA12,101,12 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine , or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB56-SA12,226 Section 226. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended to read:

AB56-SA12,101,24 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not, with a tetrahydrocannabinols concentration that is greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture , or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

AB56-SA12,227 Section 227. 961.11 (4g) of the statutes is repealed.

AB56-SA12,228 Section 228. 961.14 (4) (t) of the statutes is repealed.

AB56-SA12,229 Section 229. 961.32 (2m) of the statutes is repealed.

AB56-SA12,230 Section 230. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read:

AB56-SA12,102,5 961.75 (title) Controlled substances Marijuana therapeutic research.

AB56-SA12,231 Section 231. 961.38 (1n) of the statutes is repealed.

AB56-SA12,232 Section 232. 961.41 (1) (h) of the statutes is repealed.

AB56-SA12,233 Section 233. 961.41 (1m) (h) of the statutes is repealed.

AB56-SA12,234 Section 234. 961.41 (1q) of the statutes is repealed.

AB56-SA12,235 Section 235. 961.41 (1r) of the statutes is amended to read:

AB56-SA12,102,20 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

AB56-SA12,236 Section 236. 961.41 (3g) (c) of the statutes is amended to read:

AB56-SA12,103,6 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense 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 under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB56-SA12,237 Section 237. 961.41 (3g) (d) of the statutes is amended to read:

AB56-SA12,103,24 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense 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 under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB56-SA12,238 Section 238. 961.41 (3g) (e) of the statutes is repealed.

AB56-SA12,239 Section 239. 961.41 (3g) (em) of the statutes is amended to read:

AB56-SA12,104,12 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense 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 under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB56-SA12,240 Section 240. 961.47 (1) of the statutes is amended to read:

AB56-SA12,105,4 961.47 (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.

AB56-SA12,241 Section 241. 961.48 (3) of the statutes is amended to read:

AB56-SA12,105,11 961.48 (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.

AB56-SA12,242 Section 242. 961.48 (5) of the statutes is amended to read:

AB56-SA12,105,14 961.48 (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).

AB56-SA12,243 Section 243. 961.49 (1m) (intro.) of the statutes is amended to read:

AB56-SA12,105,23 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, 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:

AB56-SA12,244 Section 244. 961.571 (1) (a) 7. of the statutes is repealed.

AB56-SA12,245 Section 245. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

AB56-SA12,106,3 961.571 (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:

AB56-SA12,246 Section 246. 961.571 (1) (a) 11. e. of the statutes is repealed.

AB56-SA12,247 Section 247. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

AB56-SA12,248 Section 248. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

AB56-SA12,106,8 Chapter 961

AB56-SA12,106,9 Subchapter VIII

AB56-SA12,106,10 regulation of Marijuana

AB56-SA12,106,11 961.70 Definitions. In this subchapter:

AB56-SA12,106,12 (1) “Compassion center" has the meaning given in s. 50.80 (1).

AB56-SA12,106,13 (2) “Legal age" means 21 years of age.

AB56-SA12,106,14 (5) “Permissible amount" means one of the following:

AB56-SA12,106,16 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

AB56-SA12,106,18 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

AB56-SA12,106,19 (6) “Permittee" has the meaning given under s. 139.97 (10).

AB56-SA12,106,20 (7) “Qualifying patient" has the meaning given in s. 50.80 (6).

AB56-SA12,106,21 (8) “Retail outlet" has the meaning given in s. 139.97 (11).

AB56-SA12,107,2 (9) “Tetrahydrocannabinols concentration" means the percent of delta-9-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 delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

AB56-SA12,107,3 (10) “Treatment team" has the meaning given in s. 50.80 (8).

AB56-SA12,107,4 (11) “Underage person" means a person who has not attained the legal age.

AB56-SA12,107,5 (12) “Usable marijuana" has the meaning given in s. 139.97 (13).

AB56-SA12,107,9 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person, except that a permittee that is also a compassion center may sell, distribute, or deliver to an underage person who is a qualifying patient or to a treatment team.

AB56-SA12,107,11 2. No permittee or compassion center may directly or indirectly permit an underage person to violate sub. (2m).

AB56-SA12,107,14 (b) 1. 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.

AB56-SA12,107,16 2. A compassion center that violates par. (a) 2. may be subject to a forfeiture of not more than $500.

AB56-SA12,107,23 (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):

AB56-SA12,107,25 1. That the underage person falsely represented that he or she had attained the legal age.

AB56-SA12,108,2 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.

AB56-SA12,108,5 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.

AB56-SA12,108,7 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

AB56-SA12,108,9 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB56-SA12,108,10 (a) Procures or attempts to procure marijuana from a permittee.

AB56-SA12,108,12 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

AB56-SA12,108,14 (c) Knowingly possesses or consumes marijuana, except that this paragraph does not apply to an underage person who is a qualifying patient.

AB56-SA12,108,15 (d) Violates sub. (2m).

AB56-SA12,108,21 (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.

AB56-SA12,108,23 (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:

AB56-SA12,108,25 (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.

AB56-SA12,109,1 (b) Encourages or contributes to a violation of sub. (2) (a).

AB56-SA12,109,8 961.72 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:

AB56-SA12,109,9 (a) Except as provided in par. (b), a Class I felony.

AB56-SA12,109,13 (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.

AB56-SA12,109,17 (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.

AB56-SA12,109,20 (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:

AB56-SA12,109,21 1. Except as provided in subd. 2., a Class B misdemeanor.

AB56-SA12,109,23 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:

AB56-SA12,110,3 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.

AB56-SA12,110,6 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.

AB56-SA12,110,8 c. The person has rigged a system so that any individual approaching the area may be injured or killed by the system.