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AB56-SA12,36 18Section 36. 23.335 (12) (b) 4. of the statutes is amended to read:
AB56-SA12,10,2519 23.335 (12) (b) 4. In an action under this paragraph, the defendant has a
20defense if he or she proves by a preponderance of the evidence that the injury would
21have occurred even if he or she had been exercising due care and even if he or she had
22not been under the influence of an intoxicant to a degree which rendered him or her
23incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or
24did not have a detectable amount of a restricted controlled substance in his or her
25blood, or did not have a tetrahydrocannabinols concentration of 5.0 or more.
AB56-SA12,37
1Section 37. 23.335 (12) (b) 5. of the statutes is renumbered 23.335 (12) (b) 5.
2a. and amended to read:
AB56-SA12,11,93 23.335 (12) (b) 5. a. In an action under subd. 2m. that is based on the defendant
4allegedly having a detectable amount of methamphetamine, or
5gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
6the defendant has a defense if he or she proves by a preponderance of the evidence
7that at the time of the incident or occurrence he or she had a valid prescription for
8methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
9acid, or delta-9-tetrahydrocannabinol.
AB56-SA12,38 10Section 38. 23.335 (12) (b) 5. b. of the statutes is created to read:
AB56-SA12,11,1511 23.335 (12) (b) 5. b. In an action under subd. 2g. that is based on the defendant
12allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
13has a defense if he or she proves by a preponderance of the evidence that at the time
14of the incident or occurrence he or she had a valid prescription for
15tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB56-SA12,39 16Section 39. 23.335 (12) (i) of the statutes is amended to read:
AB56-SA12,12,217 23.335 (12) (i) Chemical tests; effect of test results. The results of a chemical
18test required or administered under par. (f) or (g) are admissible in any civil or
19criminal action or proceeding arising out of the acts committed by a person alleged
20to have violated the intoxicated operation of an off-highway motorcycle law on the
21issue of whether the person was under the influence of an intoxicant or the issue of
22whether the person had alcohol concentrations or tetrahydrocannabinols
23concentrations
at or above specified levels or a detectable amount of a restricted
24controlled substance in his or her blood. Results of these chemical tests shall be given

1the effect required under s. 885.235. Paragraphs (f) to (h) do not limit the right of
2a law enforcement officer to obtain evidence by any other lawful means.
AB56-SA12,40 3Section 40. 23.335 (23) (c) 1. of the statutes is amended to read:
AB56-SA12,12,64 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4., a person who
5violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) shall forfeit not less than $150 nor more
6than $300.
AB56-SA12,41 7Section 41. 23.335 (23) (c) 2. of the statutes is amended to read:
AB56-SA12,12,128 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a person who
9violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest
10for the current violation, was convicted previously under the intoxicated operation
11of an off-highway motorcycle law shall be fined not less than $300 nor more than
12$1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
AB56-SA12,42 13Section 42. 23.335 (23) (c) 3. of the statutes is amended to read:
AB56-SA12,12,1914 23.335 (23) (c) 3. Except as provided in subd. 4., a person who violates sub. (12)
15(a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest for the current
16violation, was convicted 2 or more times previously under the intoxicated operation
17of an off-highway motorcycle law shall be fined not less than $600 nor more than
18$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
19county jail.
AB56-SA12,43 20Section 43. 23.335 (23) (c) 4. of the statutes is amended to read:
AB56-SA12,12,2221 23.335 (23) (c) 4. A person who violates sub. (12) (a) 3. or 3m. or (h) and who
22has not attained the age of 21 shall forfeit not more than $50.
AB56-SA12,44 23Section 44. 30.50 (10m) (a) of the statutes is amended to read:
AB56-SA12,12,2524 30.50 (10m) (a) A controlled substance included in schedule I under ch. 961
25other than a tetrahydrocannabinol.
AB56-SA12,45
1Section 45. 30.50 (10m) (e) of the statutes is repealed.
AB56-SA12,46 2Section 46. 30.50 (13p) of the statutes is created to read:
AB56-SA12,13,43 30.50 (13p) “Tetrahydrocannabinols concentration" means the number of
4nanograms of tetrahydrocannabinols per milliliter of blood.
AB56-SA12,47 5Section 47. 30.50 (13t) of the statutes is created to read:
AB56-SA12,13,76 30.50 (13t) “Tetrahydrocannabinols concentration” has the meaning given in
7s. 340.01 (66m).
AB56-SA12,48 8Section 48. 30.681 (1) (b) (title) of the statutes is amended to read:
AB56-SA12,13,109 30.681 (1) (b) (title) Operating after using a controlled substance or, alcohol, or
10tetrahydrocannabinols
.
AB56-SA12,49 11Section 49. 30.681 (1) (b) 1g. of the statutes is created to read:
AB56-SA12,13,1312 30.681 (1) (b) 1g. No person may engage in the operation of a motorboat while
13the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB56-SA12,50 14Section 50. 30.681 (1) (bn) (title) of the statutes is amended to read:
AB56-SA12,13,1615 30.681 (1) (bn) (title) Operating with alcohol or tetrahydrocannabinols
16concentrations at specified levels; below legal
drinking age.
AB56-SA12,51 17Section 51. 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.
AB56-SA12,52 18Section 52. 30.681 (1) (bn) 2. of the statutes is created to read:
AB56-SA12,13,2119 30.681 (1) (bn) 2. A person who has not attained the legal age, as defined in s.
20961.70 (2), may not engage in the operation of a motorboat while he or she has a
21tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.
AB56-SA12,53 22Section 53. 30.681 (1) (c) of the statutes is amended to read:
AB56-SA12,14,623 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
24may proceed upon a complaint based upon a violation of any combination of par. (a)
25or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the

1person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.,
2the offenses shall be joined. If the person is found guilty of any combination of par.
3(a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there
4shall be a single conviction for purposes of sentencing and for purposes of counting
5convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and
62. each require proof of a fact for conviction which the others do not require.
AB56-SA12,54 7Section 54. 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and
8amended to read:
AB56-SA12,14,159 30.681 (1) (d) 1. In an action under par. (b) 1m. that is based on the defendant
10allegedly having a detectable amount of methamphetamine, or
11gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
12the defendant has a defense if he or she proves by a preponderance of the evidence
13that at the time of the incident or occurrence he or she had a valid prescription for
14methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
15acid, or delta-9-tetrahydrocannabinol.
AB56-SA12,55 16Section 55. 30.681 (1) (d) 2. of the statutes is created to read:
AB56-SA12,14,2117 30.681 (1) (d) 2. In an action under par. (b) 1g. or (bn) 2. that is based on the
18defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
19defendant has a defense if he or she proves by a preponderance of the evidence that
20at the time of the incident or occurrence he or she had a valid prescription for
21tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB56-SA12,56 22Section 56. 30.681 (2) (b) (title) of the statutes is amended to read:
AB56-SA12,14,2423 30.681 (2) (b) (title) Causing injury after using a controlled substance or,
24alcohol
, or tetrahydrocannabinols.
AB56-SA12,57 25Section 57. 30.681 (2) (b) 1g. of the statutes is created to read:
AB56-SA12,15,2
130.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration
2of 5.0 or more may cause injury to another person by the operation of a motorboat.
AB56-SA12,58 3Section 58. 30.681 (2) (c) of the statutes is amended to read:
AB56-SA12,15,134 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
5may proceed upon a complaint based upon a violation of any combination of par. (a)
6or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
7person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.
8in the complaint, the crimes shall be joined under s. 971.12. If the person is found
9guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the
10same incident or occurrence, there shall be a single conviction for purposes of
11sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3.
12Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction
13which the others do not require.
AB56-SA12,59 14Section 59. 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB56-SA12,15,2215 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
16intoxicated boating law where the defendant was operating a motorboat that is not
17a commercial motorboat, the defendant has a defense if he or she proves by a
18preponderance of the evidence that the injury would have occurred even if he or she
19had been exercising due care and he or she had not been under the influence of an
20intoxicant or did not have an alcohol concentration of 0.08 or more or a
21tetrahydrocannabinols concentration of 5.0 or more
or a detectable amount of a
22restricted controlled substance in his or her blood.
AB56-SA12,60 23Section 60. 30.681 (2) (d) 1. b. of the statutes is amended to read:
AB56-SA12,16,524 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
25allegedly having a detectable amount of methamphetamine, or

1gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
2the defendant has a defense if he or she proves by a preponderance of the evidence
3that at the time of the incident or occurrence he or she had a valid prescription for
4methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
5acid, or delta-9-tetrahydrocannabinol.
AB56-SA12,61 6Section 61. 30.681 (2) (d) 1. c. of the statutes is created to read:
AB56-SA12,16,117 30.681 (2) (d) 1. c. In an action under par. (b) 1g. that is based on the defendant
8allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
9has a defense if he or she proves by a preponderance of the evidence that at the time
10of the incident or occurrence he or she had a valid prescription for
11tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB56-SA12,62 12Section 62. 30.684 (4) of the statutes is amended to read:
AB56-SA12,16,2213 30.684 (4) Admissibility; effect of test results; other evidence. The results
14of a chemical test required or administered under sub. (1), (2) or (3) are admissible
15in any civil or criminal action or proceeding arising out of the acts committed by a
16person alleged to have violated the intoxicated boating law on the issue of whether
17the person was under the influence of an intoxicant or the issue of whether the person
18had alcohol concentrations or tetrahydrocannabinols concentrations at or above
19specified levels or a detectable amount of a restricted controlled substance in his or
20her blood. Results of these chemical tests shall be given the effect required under s.
21885.235. This section does not limit the right of a law enforcement officer to obtain
22evidence by any other lawful means.
AB56-SA12,63 23Section 63. 30.80 (6) (d) of the statutes is amended to read:
AB56-SA12,17,724 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or
25tetrahydrocannabinols
; examination. In addition to any other penalty or order, a

1person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25
2if the violation involves the operation of a motorboat, shall be ordered by the court
3to submit to and comply with an assessment by an approved public treatment facility
4for an examination of the person's use of alcohol, controlled substances or controlled
5substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an
6assessment ordered under this paragraph constitutes contempt of court, punishable
7under ch. 785.
AB56-SA12,64 8Section 64. 49.148 (4) (a) of the statutes is amended to read:
AB56-SA12,17,239 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
10a community service job or transitional placement who, after August 22, 1996, was
11convicted in any state or federal court of a felony that had as an element possession,
12use or distribution of a controlled substance to submit to a test for use of a controlled
13substance as a condition of continued eligibility. If the test results are positive, the
14Wisconsin works Works agency shall decrease the presanction benefit amount for
15that participant by not more than 15 percent for not fewer than 12 months, or for the
16remainder of the participant's period of participation in a community service job or
17transitional placement, if less than 12 months. If, at the end of 12 months, the
18individual is still a participant in a community service job or transitional placement
19and submits to another test for use of a controlled substance and if the results of the
20test are negative, the Wisconsin works Works agency shall discontinue the reduction
21under this paragraph. In this subsection, “controlled substance” does not include
22tetrahydrocannabinols in any form including tetrahydrocannabinols contained in
23marijuana, obtained from marijuana, or chemically synthesized.
AB56-SA12,65 24Section 65. 49.45 (23) (g) 5. of the statutes is amended to read:
AB56-SA12,18,6
149.45 (23) (g) 5. Require, as a condition of eligibility, that an applicant or
2enrollee submit to a drug screening assessment and, if indicated, a drug test, as
3specified by the department in the waiver amendment. The department may not test
4under this subdivision for tetrahydrocannabinols in any form including
5tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
6chemically synthesized.
AB56-SA12,66 7Section 66. 49.79 (1) (b) of the statutes is amended to read:
AB56-SA12,18,118 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
9except “controlled substance” does not include tetrahydrocannabinols in any form
10including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
11or chemically synthesized
.
AB56-SA12,67 12Section 67. 50.56 (3) of the statutes is amended to read:
AB56-SA12,18,1613 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this
14subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI
15VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this
16subchapter and the rules promulgated under this subchapter control.
AB56-SA12,68 17Section 68. Subchapter VI of chapter 50 [precedes 50.80] of the statutes is
18created to read:
AB56-SA12,18,1919 chapter 50
AB56-SA12,18,2020 subchapter VI
AB56-SA12,18,2221 distribution and
22 testing centers
AB56-SA12,18,23 2350.80 Definitions. In this subchapter:
AB56-SA12,18,25 24(1) “Compassion center" means a licensed organization that grows, sells,
25distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
AB56-SA12,19,1
1(2) “Debilitating medical condition or treatment" means any of the following:
AB56-SA12,19,72 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
3the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
4inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
5hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
6patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
7treatment of these conditions.
AB56-SA12,19,118 (b) A chronic or debilitating disease or medical condition or the treatment of
9such a disease or condition that causes cachexia, severe pain, severe nausea,
10seizures, including those characteristic of epilepsy, or severe and persistent muscle
11spasms, including those characteristic of multiple sclerosis.
AB56-SA12,19,1412 (c) Any other medical condition or any other treatment for a medical condition
13designated as a debilitating medical condition or treatment in rules promulgated by
14the department under s. 50.81 (2).
AB56-SA12,19,15 15(2m) “Department" means the department of health services.
AB56-SA12,19,17 16(3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces
17of usable marijuana.
AB56-SA12,19,18 18(4) “Medical use of tetrahydrocannabinols" means any of the following:
AB56-SA12,19,2119 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to
20alleviate the symptoms or effects of the qualifying patient's debilitating medical
21condition or treatment.
AB56-SA12,19,2422 (b) The acquisition, possession, cultivation, or transportation of
23tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
24her use of tetrahydrocannabinols under par. (a).
AB56-SA12,20,6
1(c) The acquisition, possession, cultivation, or transportation of
2tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
3the transfer of tetrahydrocannabinols in any form between a qualifying patient and
4his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form
5between persons who are primary caregivers for the same qualifying patient if all of
6the following apply:
AB56-SA12,20,97 1. The acquisition, possession, cultivation, or transportation of
8tetrahydrocannabinols is done to facilitate the qualifying patient's use of
9tetrahydrocannabinols under par. (a) or (b).
AB56-SA12,20,1210 2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
11or transport tetrahydrocannabinols independently, or the qualifying patient is under
1218 years of age.
AB56-SA12,20,13 13(4m) “Physician” means a person licensed under s. 448.04 (1) (a).
AB56-SA12,20,16 14(5) “Primary caregiver" means a person who is at least 18 years of age and who
15has agreed to help a qualifying patient in his or her medical use of
16tetrahydrocannabinols.
AB56-SA12,20,19 17(6) “Qualifying patient" means a person who has been diagnosed by a physician
18as having or undergoing a debilitating medical condition or treatment but does not
19include a person under the age of 18 years unless all of the following apply:
AB56-SA12,20,2220 (a) The person's physician has explained the potential risks and benefits of the
21medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
22individual who has legal custody of the person.
AB56-SA12,20,2423 (b) The parent, guardian, or individual who has legal custody of the person
24provides the physician a written statement consenting to do all of the following:
AB56-SA12,20,2525 1. Allow the person's medical use of tetrahydrocannabinols.
AB56-SA12,21,1
12. Serve as a primary caregiver for the person.
AB56-SA12,21,22 3. Manage the person's medical use of tetrahydrocannabinols.
AB56-SA12,21,3 3(7) “Registry identification card" has the meaning given in s. 146.44 (1) (h).
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