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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 e. of the statutes is repealed.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 k. and L. of the statutes are repealed.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.
AB846,54,53 2. Except as provided in subds. 3. and 4., subject to a civil forfeiture not to
4exceed $1,000 or imprisonment not to exceed 90 days or both if the number of
5marijuana plants that have reached the flowering stage is more than 6.
AB846,54,76 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number
7of marijuana plants that have reached the flowering stage is more than 12.
AB846,54,118 4. Guilty of a Class I felony if the number of marijuana plants that have reached
9the flowering stage is more than 12, if the person has taken action to hide how many
10marijuana plants that have reached the flowering stage are being cultivated, and if
11any of the following applies:
AB846,54,1512 a. The person has in place a system that could alert the person if law
13enforcement approaches an area that contains marijuana plants if the system
14exceeds a security system that would be used by a reasonable person in the person's
15region.
AB846,54,1816 b. The person has in place a method of intimidating individuals who approach
17an area that contains marijuana plants if the method exceeds a method that would
18be used by a reasonable person in the person's region.
AB846,54,2019 c. The person has rigged a system so that any individual approaching the area
20that contains marijuana plants may be injured or killed by the system.
AB846,54,2221 (e) Whoever uses or displays marijuana in a public space is subject to a civil
22forfeiture of not more than $100.
AB846,54,24 23(3) Any person who sells or attempts to sell marijuana via mail, telephone, or
24Internet is guilty of a Class A misdemeanor.
AB846,65 25Section 65. 967.055 (1m) (b) 5. of the statutes is repealed.
AB846,66
1Section 66. 971.365 (1) (a) of the statutes is amended to read:
AB846,55,52 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
3(cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be
4prosecuted as a single crime if the violations were pursuant to a single intent and
5design.
AB846,67 6Section 67. 971.365 (1) (b) of the statutes is amended to read:
AB846,55,107 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
8(1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may
9be prosecuted as a single crime if the violations were pursuant to a single intent and
10design.
AB846,68 11Section 68. 971.365 (1) (c) of the statutes is amended to read:
AB846,55,1512 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
13(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
14one violation, all violations may be prosecuted as a single crime if the violations were
15pursuant to a single intent and design.
AB846,69 16Section 69. 971.365 (2) of the statutes is amended to read:
AB846,55,2217 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
18prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
19(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
20or s. 961.41 (1) (cm), (d), (e), (f), or (g), or (h), (1m) (cm), (d), (e), (f), or (g), or (h) or (3g)
21(am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original
22charge.
AB846,70 23Section 70. 973.016 of the statutes is created to read:
AB846,56,2 24973.016 Special disposition for marijuana-related crimes. (1)
25Resentencing persons serving a sentence or probation. (a) A person serving a

1sentence or on probation may request resentencing or dismissal as provided under
2par. (b) if all of the following apply:
AB846,56,43 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
4(h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.
AB846,56,55 2. One of the following applies:
AB846,56,76 a. The person would not have been guilty of a crime had the violation occurred
7on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB846,56,98 b. The person would have been guilty of a lesser crime had the violation
9occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB846,56,1110 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
11court to request resentencing, adjustment of probation, or dismissal.
AB846,56,1912 2. If the court receiving a petition under subd. 1. determines that par. (a)
13applies, the court shall schedule a hearing to consider the petition. At the hearing,
14if the court determines that par. (a) 2. b. applies, the court shall resentence the person
15or adjust the probation and change the record to reflect the lesser crime, and, if the
16court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and
17expunge the record. Before resentencing, adjusting probation, or dismissing a
18conviction under this subdivision, the court shall determine that the action does not
19present an unreasonable risk of danger to public safety.
AB846,56,2120 3. If the court resentences the person or adjusts probation, the person shall
21receive credit for time or probation served for the relevant offense.
AB846,56,25 22(2) Redesignating offense for persons who completed a sentence or
23probation.
(a) A person who has completed his or her sentence or period of probation
24may request under par. (b) expungement of the conviction because the conviction is
25legally invalid or redesignation to a lesser crime if all of the following apply:
AB846,57,2
11. The sentence or probation period was imposed for a violation of s. 961.41 (1)
2(h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.
AB846,57,33 2. One of the following applies:
AB846,57,54 a. The person would not have been guilty of a crime had the violation occurred
5on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB846,57,76 b. The person would have been guilty of a lesser crime had the violation
7occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB846,57,98 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
9court to request expungement or redesignation.
AB846,57,1610 2. If the court receiving a petition under subd. 1. determines that par. (a)
11applies, the court shall schedule a hearing to consider the petition. At the hearing,
12if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
13to a lesser crime and change the record to reflect the lesser crime, and if the court
14determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
15redesignating or expunging under this subdivision, the court shall determine that
16the action does not present an unreasonable risk of danger to public safety.
AB846,57,20 17(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
18court changes or expunges a record under this section, a conviction that was changed
19or expunged is not considered a conviction for any purpose under state or federal law,
20including for purposes of s. 941.29 or 18 USC 921.
AB846,9128 21Section 9128. Nonstatutory provisions; Legislature.
AB846,58,222 (1) Joint legislative council study. The joint legislative council shall study
23the implementation of the marijuana tax and regulation provided under subch. IV
24of ch. 139 and identify uses for the revenues generated by the tax. The joint
25legislative council shall report its findings, conclusions, and recommendations to the

1joint committee on finance no later than 2 years after the effective date of this
2subsection.
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