AB56: Bill Text

AB56,1075,10 961.41 (1) (h) 1g. Twenty-five grams or less, or 2 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony if the person is at least 17 years of age and distributes or delivers to a person who is no more than 17 years of age and who is at least 3 years younger than the person distributing or delivering.

AB56,2213 Section 2213. 961.41 (1m) (h) 1. of the statutes is amended to read:

AB56,1075,14 961.41 (1m) (h) 1. Two hundred More than 25 grams but not more than 200 grams or less, or more than 2 but not more than 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.

AB56,2214 Section 2214. 961.41 (1q) (title) of the statutes is repealed and recreated to read:

AB56,1075,17 961.41 (1q) (title) Tetrahydrocannabinols penalty and probable cause.

AB56,2215 Section 2215. 961.41 (1q) of the statutes is renumbered 961.41 (1q) (a).

AB56,2216 Section 2216. 961.41 (1q) (b) and (c) of the statutes are created to read:

AB56,1075,21 961.41 (1q) (b) The following are not sufficient to establish probable cause that a violation of sub. (1) (h) has occurred:

AB56,1075,22 1. Odor of marijuana.

AB56,1075,23 2. The possession of not more than 25 grams of marijuana.

AB56,1076,3 (c) No individual on parole, probation, extended supervision, supervised release, or any other release may have the release revoked for possessing not more than 25 grams of marijuana.

AB56,2217 Section 2217. 961.41 (1r) of the statutes is amended to read:

AB56,1076,14 961.41 (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), and (3g) (e), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes means the weight of any only marijuana.

AB56,2218 Section 2218. 961.41 (3g) (e) of the statutes is amended to read:

AB56,1077,2 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess more than 25 grams of tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, 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.

AB56,2219 Section 2219. 961.436 of the statutes is created to read:

AB56,1077,8 961.436 Medical use defense in cases involving tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

AB56,1077,10 (a) The manufacture or possession is by the treatment team for medication with tetrahydrocannabinols.

AB56,1077,11 (b) The amount of cannabis does not exceed the maximum authorized amount.

AB56,1077,14 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

AB56,1077,16 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1077,20 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply:

AB56,1077,22 (a) The distribution, delivery, or possession is by the treatment team for medication with tetrahydrocannabinols.

AB56,1077,23 (b) The amount of cannabis does not exceed the maximum authorized amount.

AB56,1078,3 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

AB56,1078,5 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1078,8 (3) (a) Except as provided in par. (b), a member of a qualifying patient's treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the following apply:

AB56,1078,10 1. The possession or attempted possession is by the treatment team for medication with tetrahydrocannabinols.

AB56,1078,11 2. The amount of cannabis does not exceed the maximum authorized amount.

AB56,1078,14 3. Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

AB56,1078,16 4. If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1078,18 (b) A person may not assert the defense described in par. (a) if, while he or she possesses or attempts to possess tetrahydrocannabinols, any of the following applies:

AB56,1078,21 1. The person drives or operates a motor vehicle while under the influence of tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1).

AB56,1078,24 2. While under the influence of tetrahydrocannabinols, the person operates heavy machinery or engages in any other conduct that endangers the health or well-being of another person.

AB56,1078,25 3. The person smokes cannabis in, on, or at any of the following places:

AB56,1079,1 a. A school bus or a public transit vehicle.

AB56,1079,2 b. The person's place of employment.

AB56,1079,3 c. Public or private school premises.

AB56,1079,4 d. A juvenile correctional facility.

AB56,1079,5 e. A jail or adult correctional facility.

AB56,1079,6 f. A public park, beach, or recreation center.

AB56,1079,7 g. A youth center.

AB56,1079,13 (4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid registry identification card, a valid out-of-state registry identification card, or a written certification is presumptive evidence that the person identified on the card as a qualifying patient or the subject of the written certification is a qualifying patient and that, if the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of a debilitating medical condition or treatment.

AB56,1079,22 (5) Notwithstanding s. 227.12 (1), any person may petition the department of health services to promulgate a rule to designate a medical condition or treatment as a debilitating medical condition or treatment. The department of health services shall promulgate rules providing for public notice of and a public hearing regarding a petition, with the public hearing providing persons an opportunity to comment upon the petition. After the hearing, but no later than 180 days after the submission of the petition, the department of health services shall approve or deny the petition. The department of health service's decision to approve or deny a petition is subject to judicial review under s. 227.52.

AB56,2220 Section 2220 . 961.455 (title) of the statutes is amended to read:

AB56,1079,25 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB56,2221 Section 2221. 961.455 (1) of the statutes is amended to read:

AB56,1080,4 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB56,2222 Section 2222 . 961.455 (2) of the statutes is amended to read:

AB56,1080,10 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

AB56,2223 Section 2223. 961.46 of the statutes is amended to read:

AB56,1080,17 961.46 Distribution to persons under age 18. If a person 17 years of age or over violates s. 961.41 (1), except s. 961.41 (1) (h) 1g., by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB56,2224 Section 2224 . 961.46 of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

AB56,1080,25 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1), except s. 961.41 (1) (h) 1g., by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB56,2225 Section 2225. 961.52 (2) (a) 1. and 2. of the statutes are amended to read:

AB56,1081,4 961.52 (2) (a) 1. Places where persons authorized under s. 961.32 (1m) to possess controlled substances in this state are required by federal law to keep records; and

AB56,1081,8 2. Places including factories, warehouses, establishments and conveyances in which persons authorized under s. 961.32 (1m) to possess controlled substances in this state are permitted by federal law to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.

AB56,2226 Section 2226. 961.55 (8) (c), (d) and (e) of the statutes are created to read:

AB56,1081,11 961.55 (8) (c) A valid registry identification card or a valid out-of-state registry identification card.

AB56,1081,12 (d) The person's written certification, if the person is a qualifying patient.

AB56,1081,14 (e) A written certification for a qualifying patient for whom the person is a primary caregiver.

AB56,2227 Section 2227 . 961.555 (2) (am) 6. of the statutes is amended to read:

AB56,1081,18 961.555 (2) (am) 6. The property is contraband that is subject to forfeiture under s. 961.55 (6), (6m), or, unless the defendant invokes a defense under s. 961.436 or 961.5755, under s. 961.55 (6) or (7).

AB56,2228 Section 2228 . 961.555 (2r) of the statutes is created to read:

AB56,1081,22 961.555 (2r) Medical use defense. (a) In an action to forfeit property seized under s. 961.55, the person who was in possession of the property when it was seized has a defense to the forfeiture of the property if any of the following applies:

AB56,1081,25 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB56,1082,4 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB56,1082,9 (b) The owner of property seized under s. 961.55 who is raising a defense under par. (a) shall do so in the answer to the complaint that he or she serves under sub. (2) (b). If a property owner raises such a defense in his or her answer, the state must, as part of the burden of proof specified in sub. (3), prove that the facts constituting the defense do not exist.

AB56,2229 Section 2229 . 961.56 (1) of the statutes is amended to read:

AB56,1082,16 961.56 (1) It Except as provided in s. 961.555 (2r) (b) and except for any presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The, and the burden of proof of any exemption or exception is upon the person claiming it.

AB56,2230 Section 2230 . 961.573 (2) of the statutes is amended to read:

AB56,1082,19 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB56,2231 Section 2231 . 961.574 (2) of the statutes is amended to read:

AB56,1082,22 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB56,2232 Section 2232 . 961.575 (1) of the statutes is amended to read:

AB56,1083,2 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB56,2233 Section 2233 . 961.575 (2) of the statutes is amended to read:

AB56,1083,5 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB56,2234 Section 2234 . 961.575 (3) of the statutes is amended to read:

AB56,1083,9 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB56,2235 Section 2235. 961.5755 of the statutes is created to read:

AB56,1083,15 961.5755 Medical tetrahydrocannabinols defense in drug paraphernalia cases. (1) (a) Except as provided in par. (b), a member of a treatment team has a defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary intent to use, drug paraphernalia for medication with tetrahydrocannabinols.

AB56,1083,17 (b) This subsection does not apply if while the person uses, or possesses with the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.

AB56,1083,22 (2) A member of a treatment team has a defense to prosecution under s. 961.574 (1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used by the treatment team for medication with tetrahydrocannabinols.

AB56,1084,4 (3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry identification card, a valid out-of-state registry identification card, or a written certification is presumptive evidence that the person identified on the valid registry identification card or valid out-of-state registry identification card as a qualifying patient or the subject of the written certification is a qualifying patient and that, if the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of his or her debilitating medical condition or treatment.

AB56,2236 Section 2236. 968.072 of the statutes is created to read:

AB56,1084,7 968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In this section:

AB56,1084,8 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).