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AB846,39 18Section 39. 289.33 (3) (d) of the statutes is amended to read:
AB846,44,1119 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
20authorization, approval, variance or exception or any restriction, condition of
21approval or other restriction, regulation, requirement or prohibition imposed by a
22charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
23a town, city, village, county or special purpose district, including without limitation
24because of enumeration any ordinance, resolution or regulation adopted under s.
2591.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),

1(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
2(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
3(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
4(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
5(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
659.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
7(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
8and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
961.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
1087.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
11of ch. 91.
AB846,40 12Section 40. 349.02 (2) (b) 4. of the statutes is amended to read:
AB846,44,1413 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
1466.0107 (1) (bm).
AB846,41 15Section 41. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
16to read:
AB846,45,217 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis,
18whether growing or not, with a tetrahydrocannabinols concentration that is greater
19than 0.3 percent on a dry weight basis
; the seeds thereof; the resin extracted from
20any part of the plant; and every compound, manufacture, salt, derivative, mixture,
21or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.
22“Marijuana" does include the mature stalks if mixed with other parts of the plant,
23but does not include fiber produced from the stalks, oil or cake made from the seeds
24of the plant, any other compound, manufacture, salt, derivative, mixture , or
25preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or

1cake or the sterilized seed of the plant which is incapable of germination.
2“Marijuana” does not include hemp, as defined in s. 94.55 (1).
AB846,42 3Section 42. 961.11 (4g) of the statutes is repealed.
AB846,43 4Section 43. 961.14 (4) (t) of the statutes is repealed.
AB846,44 5Section 44. 961.32 (2m) of the statutes is repealed.
AB846,45 6Section 45. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
7renumbered, is amended to read:
AB846,45,8 8961.75 (title) Controlled substances Marijuana therapeutic research.
AB846,46 9Section 46. 961.38 (1n) of the statutes is repealed.
AB846,47 10Section 47. 961.41 (1) (h) of the statutes is repealed.
AB846,48 11Section 48. 961.41 (1m) (h) of the statutes is repealed.
AB846,49 12Section 49. 961.41 (1q) of the statutes is repealed.
AB846,50 13Section 50. 961.41 (1r) of the statutes is amended to read:
AB846,45,2314 961.41 (1r) Determining weight of substance. In determining amounts under
15s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
16of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
17psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
18cannabinoids, or substituted cathinones, or any controlled substance analog of any
19of these substances together with any compound, mixture, diluent, plant material
20or other substance mixed or combined with the controlled substance or controlled
21substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
22(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
23(4) (t) and includes the weight of any marijuana.
AB846,51 24Section 51. 961.41 (1x) of the statutes is amended to read:
AB846,46,3
1961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
2to commit a crime under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g) is subject to the
3applicable penalties under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g).
AB846,52 4Section 52. 961.41 (3g) (c) of the statutes is amended to read:
AB846,46,145 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
6possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
7base, the person shall be fined not more than $5,000 and may be imprisoned for not
8more than one year in the county jail upon a first conviction and is guilty of a Class
9I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
10is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
11offense, the offender has at any time been convicted of any felony or misdemeanor
12under this chapter or under any statute of the United States or of any state relating
13to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
14or depressant, stimulant, or hallucinogenic drugs.
AB846,53 15Section 53. 961.41 (3g) (d) of the statutes is amended to read:
AB846,47,716 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
17possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
18amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
19N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
20(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
21lysergic acid diethylamide, phencyclidine, amphetamine,
223,4-methylenedioxymethamphetamine, methcathinone, cathinone,
23N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
24(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
25$5,000 or imprisoned for not more than one year in the county jail or both upon a first

1conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
2purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
3prior to the offender's conviction of the offense, the offender has at any time been
4convicted of any felony or misdemeanor under this chapter or under any statute of
5the United States or of any state relating to controlled substances, controlled
6substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
7hallucinogenic drugs.
AB846,54 8Section 54. 961.41 (3g) (e) of the statutes is repealed.
AB846,55 9Section 55. 961.41 (3g) (em) of the statutes is amended to read:
AB846,47,2010 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
11possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
12analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
13not more than $1,000 or imprisoned for not more than 6 months or both upon a first
14conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
15purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
16prior to the offender's conviction of the offense, the offender has at any time been
17convicted of any felony or misdemeanor under this chapter or under any statute of
18the United States or of any state relating to controlled substances, controlled
19substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
20hallucinogenic drugs.
AB846,56 21Section 56. 961.47 (1) of the statutes is amended to read:
AB846,48,1222 961.47 (1) Whenever any person who has not previously been convicted of any
23offense under this chapter, or of any offense under any statute of the United States
24or of any state or of any county ordinance relating to controlled substances or
25controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,

1or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
2possession of a controlled substance or controlled substance analog under s. 961.41
3(3g) (b), the court, without entering a judgment of guilt and with the consent of the
4accused, may defer further proceedings and place him or her on probation upon terms
5and conditions. Upon violation of a term or condition, the court may enter an
6adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
7terms and conditions, the court shall discharge the person and dismiss the
8proceedings against him or her. Discharge and dismissal under this section shall be
9without adjudication of guilt and is not a conviction for purposes of disqualifications
10or disabilities imposed by law upon conviction of a crime, including the additional
11penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
12only one discharge and dismissal under this section with respect to any person.
AB846,57 13Section 57. 961.48 (3) of the statutes is amended to read:
AB846,48,1914 961.48 (3) For purposes of this section, a felony offense under this chapter is
15considered a 2nd or subsequent offense if, prior to the offender's conviction of the
16offense, the offender has at any time been convicted of any felony or misdemeanor
17offense under this chapter or under any statute of the United States or of any state
18relating to controlled substances or controlled substance analogs, narcotic drugs,
19marijuana or depressant, stimulant, or hallucinogenic drugs.
AB846,58 20Section 58. 961.48 (5) of the statutes is amended to read:
AB846,48,2221 961.48 (5) This section does not apply if the person is presently charged with
22a felony under s. 961.41 (3g) (c), (d), (e), or (g).
AB846,59 23Section 59. 961.49 (1m) (intro.) of the statutes is amended to read:
AB846,49,624 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
25or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)

1or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
2phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
3methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
4controlled substance analog of any of these substances and the delivery, distribution
5or possession takes place under any of the following circumstances, the maximum
6term of imprisonment prescribed by law for that crime may be increased by 5 years:
AB846,60 7Section 60. 961.571 (1) (a) 7. of the statutes is repealed.
AB846,61 8Section 61. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
AB846,49,119 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
10for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
11or hashish oil into the human body, such as:
AB846,62 12Section 62. 961.571 (1) (a) 11. e. of the statutes is repealed.
AB846,63 13Section 63. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
AB846,64 14Section 64. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
15is created to read:
AB846,49,1616 Chapter 961
AB846,49,1717 Subchapter VIII
AB846,49,1818 regulation of Marijuana
AB846,49,19 19961.70 Definitions. In this subchapter:
AB846,49,21 20(2) “Legal age" means 21 years of age, except in the case of a qualifying patient,
21as defined in s. 73.17 (1) (d).
AB846,49,22 22(5) “Permissible amount" means one of the following:
AB846,49,2423 (a) For a person who is a resident of Wisconsin, an amount that does not exceed
242 ounces of usable marijuana.
AB846,50,2
1(b) For a person who is not a resident of Wisconsin, an amount that does not
2exceed one-quarter ounce of usable marijuana.
AB846,50,3 3(6) “Permittee" has the meaning given under s. 139.97 (10).
AB846,50,4 4(8) “Retail outlet" has the meaning given in s. 139.97 (11).
AB846,50,9 5(9) “Tetrahydrocannabinols concentration" means the percent of
6delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
7Cannabis, or per volume or weight of marijuana product, or the combined percent of
8delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
9plant Cannabis regardless of moisture content.
AB846,50,10 10(11) “Underage person" means a person who has not attained the legal age.
AB846,50,11 11(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB846,50,13 12961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
13may sell, distribute, or deliver marijuana to any underage person.
AB846,50,1514 2. No permittee may directly or indirectly permit an underage person to violate
15sub. (2m).
AB846,50,1816 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
17more than $500 and to a suspension of the permittee's permit for an amount of time
18not to exceed 30 days.
AB846,50,2419 (c) In determining whether a permittee has violated par. (a) 2., all relevant
20circumstances surrounding the presence of the underage person may be considered.
21In determining whether a permittee has violated par. (a) 1., all relevant
22circumstances surrounding the selling, distributing, or delivering of marijuana may
23be considered. In addition, proof of all of the following facts by the permittee is a
24defense to any prosecution for a violation under par. (a):
AB846,51,2
11. That the underage person falsely represented that he or she had attained the
2legal age.
AB846,51,43 2. That the appearance of the underage person was such that an ordinary and
4prudent person would believe that the underage person had attained the legal age.
AB846,51,75 3. That the action was made in good faith and in reliance on the representation
6and appearance of the underage person in the belief that the underage person had
7attained the legal age.
AB846,51,98 4. That the underage person supported the representation under subd. 1. with
9documentation that he or she had attained the legal age.
AB846,51,11 10(2) Any underage person who does any of the following is subject to a forfeiture
11of not less than $250 nor more than $500:
AB846,51,1212 (a) Procures or attempts to procure marijuana from a permittee.
AB846,51,1413 (b) Falsely represents his or her age for the purpose of receiving marijuana from
14a permittee.
AB846,51,1515 (c) Knowingly possesses or consumes marijuana.
AB846,51,1616 (d) Violates sub. (2m).
AB846,51,19 17(2m) An underage person not accompanied by his or her parent, guardian, or
18spouse who has attained the legal age may not enter, knowingly attempt to enter, or
19be on the premises of a retail outlet.
AB846,51,21 20(3) An individual who has attained the legal age and who knowingly does any
21of the following may be subject to a forfeiture that does not exceed $1,000:
AB846,51,2322 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
23owned by the individual or under the individual's control.
AB846,51,2424 (b) Encourages or contributes to a violation of sub. (2) (a).
AB846,52,4
1961.72 Restrictions; penalties. (1) No person except a permittee may sell,
2or possess with the intent to sell, marijuana. No person may distribute or deliver,
3or possess with the intent to distribute or deliver, marijuana except a permittee. Any
4person who violates a prohibition under this subsection is guilty of the following:
AB846,52,55 (a) Except as provided in par. (b), a Class I felony.
AB846,52,96 (b) If the individual to whom the marijuana is, or is intended to be, sold,
7distributed, or delivered has not attained the legal age and the actual or intended
8seller, distributor, or deliverer is at least 3 years older than the individual to whom
9the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
AB846,52,13 10(2) (a) A person that is not a permittee who possesses an amount of marijuana
11that exceeds the permissible amount but does not exceed 28 grams of marijuana is
12subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days
13or both.
AB846,52,1514 (b) A person who is not a permittee who possesses an amount of marijuana that
15exceeds 28 grams of marijuana:
AB846,52,1616 1. Except as provided in subd. 2., a Class B misdemeanor.
AB846,52,1817 2. A Class I felony if the person has taken action to hide how much marijuana
18the person possesses and any of the following applies:
AB846,52,2119 a. The person has in place a system that could alert the person if law
20enforcement approaches an area that contains marijuana if the system exceeds a
21security system that would be used by a reasonable person in the person's region.
AB846,52,2422 b. The person has in place a method of intimidating individuals who approach
23an area that contains marijuana if the method exceeds a method that would be used
24by a reasonable person in the person's region.
AB846,53,2
1c. The person has rigged a system so that any individual approaching the area
2may be injured or killed by the system.
AB846,53,43 (c) A person who is not a permittee who possesses more than 6 marijuana plants
4that have reached the flowering stage at one time is one of the following:
AB846,53,65 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to
6exceed $1,000 or imprisonment not to exceed 90 days or both.
AB846,53,87 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number
8of marijuana plants that have reached the flowering stage is more than 12.
AB846,53,129 3. Guilty of a Class I felony if the number of marijuana plants that have reached
10the flowering stage is more than 12, if the individual has taken action to hide the
11number of marijuana plants that have reached the flowering stage, and if any of the
12following applies:
AB846,53,1613 a. The person has in place a system that could alert the person if law
14enforcement approaches an area that contains marijuana plants if the system
15exceeds a security system that would be used by a reasonable person in the person's
16region.
AB846,53,1917 b. The person has in place a method of intimidating individuals who approach
18an area that contains marijuana plants if the method exceeds a method that would
19be used by a reasonable person in the person's region.
AB846,53,2120 c. The person has rigged a system so that any individual approaching the area
21that contains marijuana plants may be injured or killed by the system.
AB846,53,2422 (d) No person except a permittee may possess marijuana plants that have
23reached the flowering stage. Any person who violates this prohibition must apply
24for a permit under s. 139.972; in addition, the person is one of the following:
AB846,54,2
11. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that
2is not more than twice the permitting fee under s. 139.972.
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