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SB377,28 12Section 28 . 23.335 (1) (zLg) of the statutes is created to read:
SB377,15,1413 23.335 (1) (zLg) “Tetrahydrocannabinols concentration” has the meaning given
14in s. 340.01 (66m).
SB377,29 15Section 29 . 23.335 (12) (a) 2g. of the statutes is created to read:
SB377,15,1816 23.335 (12) (a) 2g. No person may engage in the operation of an off-highway
17motorcycle while the person has a tetrahydrocannabinols concentration of 5.0 or
18more.
SB377,30 19Section 30 . 23.335 (12) (a) 3m. of the statutes is created to read:
SB377,15,2220 23.335 (12) (a) 3m. If a person has not attained the age of 21, the person may
21not engage in the operation of an off-highway motorcycle while he or she has a
22tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.
SB377,31 23Section 31 . 23.335 (12) (a) 4. of the statutes is amended to read:
SB377,16,724 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed
25upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m.

1for acts arising out of the same incident or occurrence. If the person is charged with
2violating any combination of subd. 1., 2., 2g., or 2m., the offenses shall be joined. If
3the person is found guilty of any combination of subd. 1., 2., 2g., or 2m. for acts arising
4out of the same incident or occurrence, there shall be a single conviction for purposes
5of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3.
6Subdivisions 1., 2., 2g., and 2m. each require proof of a fact for conviction which the
7others do not require.
SB377,32 8Section 32 . 23.335 (12) (a) 5. of the statutes is renumbered 23.335 (12) (a) 5.
9a. and amended to read:
SB377,16,1610 23.335 (12) (a) 5. a. In an action under subd. 2m. that is based on the defendant
11allegedly having a detectable amount of methamphetamine, or
12gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
13the defendant has a defense if he or she proves by a preponderance of the evidence
14that at the time of the incident or occurrence he or she had a valid prescription for
15methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
16acid, or delta-9-tetrahydrocannabinol.
SB377,33 17Section 33 . 23.335 (12) (a) 5. b. of the statutes is created to read:
SB377,16,2218 23.335 (12) (a) 5. b. In an action under subd. 2g. or 3m. that is based on the
19defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
20defendant has a defense if he or she proves by a preponderance of the evidence that
21at the time of the incident or occurrence he or she had a valid prescription for
22tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,34 23Section 34 . 23.335 (12) (b) 2g. of the statutes is created to read:
SB377,17,3
123.335 (12) (b) 2g. No person who has a tetrahydrocannabinols concentration
2of 5.0 or more may cause injury to another person by the operation of an off-highway
3motorcycle.
SB377,35 4Section 35 . 23.335 (12) (b) 3. of the statutes is amended to read:
SB377,17,135 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed
6upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m.
7for acts arising out of the same incident or occurrence. If the person is charged with
8violating any combination of subd. 1., 2., 2g., or 2m. in the complaint, the crimes shall
9be joined under s. 971.12. If the person is found guilty of any combination of subd.
101., 2., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall
11be a single conviction for purposes of sentencing and for purposes of counting
12convictions under sub. (23) (c) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require
13proof of a fact for conviction which the others do not require.
SB377,36 14Section 36 . 23.335 (12) (b) 4. of the statutes is amended to read:
SB377,17,2115 23.335 (12) (b) 4. In an action under this paragraph, the defendant has a
16defense if he or she proves by a preponderance of the evidence that the injury would
17have occurred even if he or she had been exercising due care and even if he or she had
18not been under the influence of an intoxicant to a degree which rendered him or her
19incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or
20did not have a detectable amount of a restricted controlled substance in his or her
21blood, or did not have a tetrahydrocannabinols concentration of 5.0 or more.
SB377,37 22Section 37 . 23.335 (12) (b) 5. of the statutes is renumbered 23.335 (12) (b) 5.
23a. and amended to read:
SB377,18,524 23.335 (12) (b) 5. a. In an action under subd. 2m. 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.
SB377,38 6Section 38 . 23.335 (12) (b) 5. b. of the statutes is created to read:
SB377,18,117 23.335 (12) (b) 5. b. In an action under subd. 2g. 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).
SB377,39 12Section 39 . 23.335 (12) (i) of the statutes is amended to read:
SB377,18,2213 23.335 (12) (i) Chemical tests; effect of test results. The results of a chemical
14test required or administered under par. (f) or (g) are admissible in any civil or
15criminal action or proceeding arising out of the acts committed by a person alleged
16to have violated the intoxicated operation of an off-highway motorcycle law on the
17issue of whether the person was under the influence of an intoxicant or the issue of
18whether the person had alcohol concentrations or tetrahydrocannabinols
19concentrations
at or above specified levels or a detectable amount of a restricted
20controlled substance in his or her blood. Results of these chemical tests shall be given
21the effect required under s. 885.235. Paragraphs (f) to (h) do not limit the right of
22a law enforcement officer to obtain evidence by any other lawful means.
SB377,40 23Section 40 . 23.335 (23) (c) 1. of the statutes is amended to read:
SB377,19,3
123.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4., a person who
2violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) shall forfeit not less than $150 nor more
3than $300.
SB377,41 4Section 41 . 23.335 (23) (c) 2. of the statutes is amended to read:
SB377,19,95 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a person who
6violates sub. (12) (a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest
7for the current violation, was convicted previously under the intoxicated operation
8of an off-highway motorcycle law shall be fined not less than $300 nor more than
9$1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
SB377,42 10Section 42 . 23.335 (23) (c) 3. of the statutes is amended to read:
SB377,19,1611 23.335 (23) (c) 3. Except as provided in subd. 4., a person who violates sub. (12)
12(a) 1., 2., 2g., or 2m. or (h) and who, within 5 years prior to the arrest for the current
13violation, was convicted 2 or more times previously under the intoxicated operation
14of an off-highway motorcycle law shall be fined not less than $600 nor more than
15$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
16county jail.
SB377,43 17Section 43 . 23.335 (23) (c) 4. of the statutes is amended to read:
SB377,19,1918 23.335 (23) (c) 4. A person who violates sub. (12) (a) 3. or 3m. or (h) and who
19has not attained the age of 21 shall forfeit not more than $50.
SB377,44 20Section 44 . 30.50 (10m) (a) of the statutes is amended to read:
SB377,19,2221 30.50 (10m) (a) A controlled substance included in schedule I under ch. 961
22other than a tetrahydrocannabinol.
SB377,45 23Section 45 . 30.50 (10m) (e) of the statutes is repealed.
SB377,46 24Section 46 . 30.50 (13p) of the statutes is created to read:
SB377,20,2
130.50 (13p) “Tetrahydrocannabinols concentration" means the number of
2nanograms of tetrahydrocannabinols per milliliter of blood.
SB377,47 3Section 47 . 30.50 (13t) of the statutes is created to read:
SB377,20,54 30.50 (13t) “Tetrahydrocannabinols concentration” has the meaning given in
5s. 340.01 (66m).
SB377,48 6Section 48 . 30.681 (1) (b) (title) of the statutes is amended to read:
SB377,20,87 30.681 (1) (b) (title) Operating after using a controlled substance or, alcohol, or
8tetrahydrocannabinols
.
SB377,49 9Section 49 . 30.681 (1) (b) 1g. of the statutes is created to read:
SB377,20,1110 30.681 (1) (b) 1g. No person may engage in the operation of a motorboat while
11the person has a tetrahydrocannabinols concentration of 5.0 or more.
SB377,50 12Section 50 . 30.681 (1) (bn) (title) of the statutes is amended to read:
SB377,20,1413 30.681 (1) (bn) (title) Operating with alcohol or tetrahydrocannabinols
14concentrations at specified levels; below legal
drinking age.
SB377,51 15Section 51 . 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.
SB377,52 16Section 52 . 30.681 (1) (bn) 2. of the statutes is created to read:
SB377,20,1917 30.681 (1) (bn) 2. A person who has not attained the legal age, as defined in s.
18961.70 (2), may not engage in the operation of a motorboat while he or she has a
19tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.
SB377,53 20Section 53 . 30.681 (1) (c) of the statutes is amended to read:
SB377,21,421 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
22may proceed upon a complaint based upon a violation of any combination of par. (a)
23or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
24person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.,
25the offenses shall be joined. If the person is found guilty of any combination of par.

1(a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there
2shall be a single conviction for purposes of sentencing and for purposes of counting
3convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and
42. each require proof of a fact for conviction which the others do not require.
SB377,54 5Section 54 . 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and
6amended to read:
SB377,21,137 30.681 (1) (d) 1. In an action under par. (b) 1m. that is based on the defendant
8allegedly having a detectable amount of methamphetamine, or
9gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
13acid, or delta-9-tetrahydrocannabinol.
SB377,55 14Section 55 . 30.681 (1) (d) 2. of the statutes is created to read:
SB377,21,1915 30.681 (1) (d) 2. In an action under par. (b) 1g. or (bn) 2. that is based on the
16defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
17defendant has a defense if he or she proves by a preponderance of the evidence that
18at the time of the incident or occurrence he or she had a valid prescription for
19tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,56 20Section 56 . 30.681 (2) (b) (title) of the statutes is amended to read:
SB377,21,2221 30.681 (2) (b) (title) Causing injury after using a controlled substance or,
22alcohol
, or tetrahydrocannabinols.
SB377,57 23Section 57 . 30.681 (2) (b) 1g. of the statutes is created to read:
SB377,21,2524 30.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration
25of 5.0 or more may cause injury to another person by the operation of a motorboat.
SB377,58
1Section 58. 30.681 (2) (c) of the statutes is amended to read:
SB377,22,112 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
3may proceed upon a complaint based upon a violation of any combination of par. (a)
4or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
5person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.
6in the complaint, the crimes shall be joined under s. 971.12. If the person is found
7guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the
8same incident or occurrence, there shall be a single conviction for purposes of
9sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3.
10Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction
11which the others do not require.
SB377,59 12Section 59 . 30.681 (2) (d) 1. a. of the statutes is amended to read:
SB377,22,2013 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
14intoxicated boating law where the defendant was operating a motorboat that is not
15a commercial motorboat, the defendant has a defense if he or she proves by a
16preponderance of the evidence that the injury would have occurred even if he or she
17had been exercising due care and he or she had not been under the influence of an
18intoxicant or did not have an alcohol concentration of 0.08 or more or a
19tetrahydrocannabinols concentration of 5.0 or more
or a detectable amount of a
20restricted controlled substance in his or her blood.
SB377,60 21Section 60 . 30.681 (2) (d) 1. b. of the statutes is amended to read:
SB377,23,322 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
23allegedly having a detectable amount of methamphetamine, or
24gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
25the defendant has a defense if he or she proves by a preponderance of the evidence

1that at the time of the incident or occurrence he or she had a valid prescription for
2methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
3acid, or delta-9-tetrahydrocannabinol.
SB377,61 4Section 61 . 30.681 (2) (d) 1. c. of the statutes is created to read:
SB377,23,95 30.681 (2) (d) 1. c. In an action under par. (b) 1g. that is based on the defendant
6allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
7has a defense if he or she proves by a preponderance of the evidence that at the time
8of the incident or occurrence he or she had a valid prescription for
9tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,62 10Section 62 . 30.684 (4) of the statutes is amended to read:
SB377,23,2011 30.684 (4) Admissibility; effect of test results; other evidence. The results
12of a chemical test required or administered under sub. (1), (2) or (3) are admissible
13in any civil or criminal action or proceeding arising out of the acts committed by a
14person alleged to have violated the intoxicated boating law on the issue of whether
15the person was under the influence of an intoxicant or the issue of whether the person
16had alcohol concentrations or tetrahydrocannabinols concentrations at or above
17specified levels or a detectable amount of a restricted controlled substance in his or
18her blood. Results of these chemical tests shall be given the effect required under s.
19885.235. This section does not limit the right of a law enforcement officer to obtain
20evidence by any other lawful means.
SB377,63 21Section 63 . 30.80 (6) (d) of the statutes is amended to read:
SB377,24,522 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or
23tetrahydrocannabinols
; examination. In addition to any other penalty or order, a
24person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25
25if the violation involves the operation of a motorboat, shall be ordered by the court

1to submit to and comply with an assessment by an approved public treatment facility
2for an examination of the person's use of alcohol, controlled substances or controlled
3substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an
4assessment ordered under this paragraph constitutes contempt of court, punishable
5under ch. 785.
SB377,64 6Section 64 . 49.148 (4) (a) of the statutes is amended to read:
SB377,24,217 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
8a community service job or transitional placement who, after August 22, 1996, was
9convicted in any state or federal court of a felony that had as an element possession,
10use or distribution of a controlled substance to submit to a test for use of a controlled
11substance as a condition of continued eligibility. If the test results are positive, the
12Wisconsin works Works agency shall decrease the presanction benefit amount for
13that participant by not more than 15 percent for not fewer than 12 months, or for the
14remainder of the participant's period of participation in a community service job or
15transitional placement, if less than 12 months. If, at the end of 12 months, the
16individual is still a participant in a community service job or transitional placement
17and submits to another test for use of a controlled substance and if the results of the
18test are negative, the Wisconsin works Works agency shall discontinue the reduction
19under this paragraph. In this subsection, “controlled substance” does not include
20tetrahydrocannabinols in any form including tetrahydrocannabinols contained in
21marijuana, obtained from marijuana, or chemically synthesized.
SB377,65 22Section 65 . 49.45 (23) (g) 5. of the statutes is amended to read:
SB377,25,323 49.45 (23) (g) 5. Require, as a condition of eligibility, that an applicant or
24enrollee submit to a drug screening assessment and, if indicated, a drug test, as
25specified by the department in the waiver amendment. The department may not test

1under this subdivision for tetrahydrocannabinols in any form including
2tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
3chemically synthesized.
SB377,66 4Section 66 . 49.79 (1) (b) of the statutes is amended to read:
SB377,25,85 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
6except “controlled substance” does not include tetrahydrocannabinols in any form
7including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
8or chemically synthesized
.
SB377,67 9Section 67 . 50.56 (3) of the statutes is amended to read:
SB377,25,1310 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this
11subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI
12VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this
13subchapter and the rules promulgated under this subchapter control.
SB377,68 14Section 68 . Subchapter VI of chapter 50 [precedes 50.80] of the statutes is
15created to read:
SB377,25,1616 chapter 50
SB377,25,1717 subchapter VI
SB377,25,1918 distribution and
19 testing centers
SB377,25,20 2050.80 Definitions. In this subchapter:
SB377,25,22 21(1) “Compassion center" means a licensed organization that grows, sells,
22distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
SB377,25,23 23(2) “Debilitating medical condition or treatment" means any of the following:
SB377,26,424 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
25the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;

1inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
2hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
3patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
4treatment of these conditions.
SB377,26,85 (b) A chronic or debilitating disease or medical condition or the treatment of
6such a disease or condition that causes cachexia, severe pain, severe nausea,
7seizures, including those characteristic of epilepsy, or severe and persistent muscle
8spasms, including those characteristic of multiple sclerosis.
SB377,26,119 (c) Any other medical condition or any other treatment for a medical condition
10designated as a debilitating medical condition or treatment in rules promulgated by
11the department under s. 50.81 (2).
SB377,26,12 12(2m) “Department" means the department of health services.
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