Amendment SA12-AB56

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.

AB56-SA12,110,11 (c) A person who is not a permittee, a compassion center, a qualifying patient, or a treatment team member who possesses more than 6 marijuana plants that have reached the flowering stage at one time is one of the following:

AB56-SA12,110,13 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.

AB56-SA12,110,15 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

AB56-SA12,110,19 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 any of the following applies:

AB56-SA12,110,23 a. The person has in place a system that could alert the 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.

AB56-SA12,111,3 b. The person has in place 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.

AB56-SA12,111,5 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB56-SA12,111,9 (d) No person except a qualifying patient, a member of a treatment team, a permittee, or a compassion center may possess marijuana plants that have reached the flowering stage. Any person who violates this prohibition must apply for a permit under s. 139.979; in addition, the person is one of the following:

AB56-SA12,111,11 1. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.979.

AB56-SA12,111,14 2. Except as provided in subds. 3. and 4., subject to a civil forfeiture 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 6.

AB56-SA12,111,16 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

AB56-SA12,111,20 4. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the person has taken action to hide how many marijuana plants that have reached the flowering stage are being cultivated, and if any of the following applies:

AB56-SA12,111,24 a. The person has in place a system that could alert the 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.

AB56-SA12,112,3 b. The person has in place 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.

AB56-SA12,112,5 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB56-SA12,112,7 (e) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB56-SA12,112,9 (3) Any person except a compassion center who sells or attempts to sell marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.

AB56-SA12,249 Section 249. 967.055 (1) (a) of the statutes is amended to read:

AB56-SA12,112,22 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or having a tetrahydrocannabinols concentration of 5.0 or greater, offenses concerning the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, and offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

AB56-SA12,250 Section 250. 967.055 (1) (b) of the statutes is amended to read:

AB56-SA12,113,7 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or greater.

AB56-SA12,251 Section 251. 967.055 (1m) (b) 1. of the statutes is amended to read:

AB56-SA12,113,10 967.055 (1m) (b) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB56-SA12,252 Section 252. 967.055 (1m) (b) 5. of the statutes is repealed.

AB56-SA12,253 Section 253. 967.055 (2) (a) of the statutes is amended to read:

AB56-SA12,114,8 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, in deterring the operation of motor vehicles by persons with a tetrahydrocannabinols concentration that is 5.0 or greater, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB56-SA12,254 Section 254. 971.365 (1) (a) of the statutes is amended to read:

AB56-SA12,114,13 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB56-SA12,255 Section 255. 971.365 (1) (b) of the statutes is amended to read:

AB56-SA12,114,18 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB56-SA12,256 Section 256. 971.365 (1) (c) of the statutes is amended to read:

AB56-SA12,114,23 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB56-SA12,257 Section 257. 971.365 (2) of the statutes is amended to read:

AB56-SA12,115,6 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (f), or (g), or (h), (1m) (cm), (d), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

AB56-SA12,258 Section 258. 973.016 of the statutes is created to read:

AB56-SA12,115,11 973.016 Special disposition for marijuana-related crimes. (1) Resentencing persons serving a sentence or probation. (a) A person serving a sentence or on probation may request resentencing or dismissal as provided under par. (b) if all of the following apply:

AB56-SA12,115,13 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.

AB56-SA12,115,14 2. One of the following applies:

AB56-SA12,115,16 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

AB56-SA12,115,18 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

AB56-SA12,115,20 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request resentencing, adjustment of probation, or dismissal.

AB56-SA12,116,3 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall resentence the person or adjust the probation and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and expunge the record. Before resentencing, adjusting probation, or dismissing a conviction under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

AB56-SA12,116,5 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

AB56-SA12,116,9 (2) Redesignating offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction because the conviction is legally invalid or redesignation to a lesser crime if all of the following apply: