Amendment SSA1-SB440

SB440-SSA1,49,11 (c) In determining whether a permittee 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 is a defense to any prosecution for a violation under par. (a):

SB440-SSA1,49,13 1. That the underage person falsely represented that he or she had attained the legal age.

SB440-SSA1,49,15 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.

SB440-SSA1,49,18 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.

SB440-SSA1,49,20 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

SB440-SSA1,49,22 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

SB440-SSA1,49,23 (a) Procures or attempts to procure marijuana from a permittee.

SB440-SSA1,49,25 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

SB440-SSA1,50,1 (c) Knowingly possesses or consumes marijuana.

SB440-SSA1,50,2 (d) Violates sub. (2m).

SB440-SSA1,50,5 (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.

SB440-SSA1,50,7 (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:

SB440-SSA1,50,9 (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.

SB440-SSA1,50,10 (b) Encourages or contributes to a violation of sub. (2) (a).

SB440-SSA1,50,14 961.72 Restrictions; penalties. (1) No person except a permittee 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. Any person who violates a prohibition under this subsection is guilty of the following:

SB440-SSA1,50,15 (a) Except as provided in par. (b), a Class I felony.

SB440-SSA1,50,19 (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.

SB440-SSA1,50,23 (2) (a) A person that is not a permittee 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.

SB440-SSA1,50,25 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds 28 grams of marijuana:

SB440-SSA1,51,1 1. Except as provided in subd. 2., a Class B misdemeanor.

SB440-SSA1,51,3 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:

SB440-SSA1,51,6 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.

SB440-SSA1,51,9 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.

SB440-SSA1,51,11 c. The person has rigged a system so that any individual approaching the area may be injured or killed by the system.

SB440-SSA1,51,13 (c) A person who is not a permittee who possesses more than 6 marijuana plants that have reached the flowering stage at one time is one of the following:

SB440-SSA1,51,15 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.

SB440-SSA1,51,17 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.

SB440-SSA1,51,21 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:

SB440-SSA1,51,25 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.

SB440-SSA1,52,3 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.

SB440-SSA1,52,5 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.

SB440-SSA1,52,8 (d) No person except a permittee may possess marijuana plants that have reached the flowering stage. Any person who violates this prohibition must apply for a permit under s. 139.972; in addition, the person is one of the following:

SB440-SSA1,52,10 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. 139.972.

SB440-SSA1,52,13 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.

SB440-SSA1,52,15 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.

SB440-SSA1,52,19 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:

SB440-SSA1,52,23 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.

SB440-SSA1,53,3 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.

SB440-SSA1,53,5 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.

SB440-SSA1,53,7 (e) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB440-SSA1,53,9 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.

SB440-SSA1,64 Section 64 . 967.055 (1m) (b) 5. of the statutes is repealed.

SB440-SSA1,65 Section 65 . 971.365 (1) (a) of the statutes is amended to read:

SB440-SSA1,53,15 971.365 (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.

SB440-SSA1,66 Section 66 . 971.365 (1) (b) of the statutes is amended to read:

SB440-SSA1,53,20 971.365 (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.

SB440-SSA1,67 Section 67 . 971.365 (1) (c) of the statutes is amended to read:

SB440-SSA1,53,25 971.365 (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.

SB440-SSA1,68 Section 68. 971.365 (2) of the statutes is amended to read:

SB440-SSA1,54,7 971.365 (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.

SB440-SSA1,69 Section 69 . 973.016 of the statutes is created to read:

SB440-SSA1,54,12 973.016 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:

SB440-SSA1,54,14 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.

SB440-SSA1,54,15 2. One of the following applies:

SB440-SSA1,54,17 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].

SB440-SSA1,54,19 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].

SB440-SSA1,54,21 (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.

SB440-SSA1,55,4 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.

SB440-SSA1,55,6 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

SB440-SSA1,55,10 (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:

SB440-SSA1,55,12 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.

SB440-SSA1,55,13 2. One of the following applies:

SB440-SSA1,55,15 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].

SB440-SSA1,55,17 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].

SB440-SSA1,55,19 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

SB440-SSA1,56,2 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 redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB440-SSA1,56,6 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

SB440-SSA1,9128 Section 9128. Nonstatutory provisions; Legislature.

SB440-SSA1,56,13 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.

SB440-SSA1,56,14 (End)