Amendment ASA4-AB393

AB393-ASA4,49,8 (c) Falsely represents that he or she is a qualifying patient for the purpose of procuring marijuana from a permittee.

AB393-ASA4,49,9 (d) Violates sub. (2m).

AB393-ASA4,49,14 (2m) A qualifying patient who is an underage person and who is 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. An underage person who is not a qualifying patient may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

AB393-ASA4,49,16 (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:

AB393-ASA4,49,18 (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.

AB393-ASA4,49,19 (b) Encourages or contributes to a violation of sub. (2) (a).

AB393-ASA4,49,22 (4) Remote sales. Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB393-ASA4,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB393-ASA4,49,24 (1) Special disposition for marijuana-related crimes.

AB393-ASA4,50,2 (a) Definitions. In this subsection, “marijuana-related crime” means a crime under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573, 961.574, or 961.575.

AB393-ASA4,50,5 (b) Identification of records. As soon as practically possible after the effective date of this paragraph, the director of state courts shall identify records created before the effective date of this paragraph of the following:

AB393-ASA4,50,8 1. Persons serving a sentence or on probation if the sentence or probation was imposed for the commission of a marijuana-related crime and one of the following applies:

AB393-ASA4,50,10 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 1 . a.

AB393-ASA4,50,12 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 1 . b.

AB393-ASA4,50,15 2. Persons who have completed their sentence or period of probation if the sentence or period of probation was imposed for the commission of a marijuana-related crime and one of the following applies:

AB393-ASA4,50,17 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 2 . a.

AB393-ASA4,50,19 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 2 . b.

AB393-ASA4,50,21 3. Persons who were charged with the commission of a marijuana-related crime if one of the following applies:

AB393-ASA4,50,23 a. The person would not have been charged with the crime had the commission occurred on or after the effective date of this subd. 3 . a.

AB393-ASA4,50,25 b. The person would have been charged with a lesser crime had the commission occurred on or after the effective date of this subd. 3 . b.

AB393-ASA4,51,1 c. The person was found not guilty of the charge.

AB393-ASA4,51,3 4. Persons who were arrested for the commission of a marijuana-related crime if one of the following applies:

AB393-ASA4,51,5 a. The person would not have been arrested had the commission occurred on or after the effective date of this subd. 4 . a.

AB393-ASA4,51,6 b. The person was not charged with the crime.

AB393-ASA4,51,7 (c) Expungement or redesignations.

AB393-ASA4,51,12 1. a. If the record involves a marijuana-related crime that is a misdemeanor and the person is serving a sentence or on probation, the sentencing court shall be notified. If par. (b) 1. a . applies, the sentencing court shall dismiss the conviction and expunge the record. If par. (b ) 1. b . applies, the sentencing court shall resentence the person or adjust the probation and change the record to reflect the lesser crime.

AB393-ASA4,51,18 b. If the record involves a marijuana-related crime that is a misdemeanor and the person has completed the sentence or period of probation for the marijuana-related crime, the sentencing court shall be notified. If par. (b) 2. a . applies, the sentencing court shall expunge the record. If par. (b) 2 . b. applies, the sentencing court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime.

AB393-ASA4,52,3 2. a. If the record involves a marijuana-related crime that is a felony and the person is serving a sentence or on probation, the sentencing court shall be notified. The sentencing court shall schedule a hearing. If par. (b) 1 . a. applies, the sentencing court shall determine if it is in the public interest to dismiss the conviction and expunge the record. If par. (b ) 1. b . applies, the sentencing court shall determine if it is in the public interest to resentence the person or adjust the probation and change the record to reflect the lesser crime. Such actions are presumed to be in the public interest unless there is clear and convincing evidence that the actions would create a risk to public safety. If the sentencing court determines it is in the public interest to take such actions, the sentencing court shall do so.

AB393-ASA4,52,13 b. If the record involves a marijuana-related crime that is a felony and the person has completed the sentence or period of probation, the sentencing court shall be notified. The sentencing court shall schedule a hearing. If par. (b) 2 . a. applies, the sentencing court shall determine if it is in the public interest to expunge the record. If par. (b) 2. b . applies, the sentencing court shall determine if it is in the public interest to redesignate the crime to a lesser crime and change the record to reflect the lesser crime. Such actions are presumed to be in the public interest unless there is clear and convincing evidence that the actions would create a risk to public safety. If the sentencing court determines it is in the public interest to take such actions, the sentencing court shall do so.

AB393-ASA4,52,22 c. In making determinations under subd. 2. a. and b ., the court shall consider the nature and severity of the marijuana-related crime, including whether the commission of the marijuana-related crime involved a weapon or infliction of or intent to inflict bodily harm; the potential that the dismissal, expungement, or redesignation would increase the risk to other individuals or the public; any aggravating or mitigating circumstances, including the person's level or participation and the context and circumstances of the marijuana-related crime; statements from victims and law enforcement; and any other factors the court finds relevant.

AB393-ASA4,53,5 d. If the record involves a marijuana-related crime that is a felony, the felony is expunged or redesignated to a misdemeanor or civil forfeiture under this subdivision, and the person is not otherwise prohibited from possessing a firearm under s. 941.29 or federal law, the sentencing court shall determine if there is good cause to restore the person's right to possess a firearm. If the sentencing court finds good cause, the sentencing court shall notify the department of justice, and the conviction that is redesignated or expunged is not a conviction for purposes of s. 941.29 or 18 USC 921.

AB393-ASA4,53,8 3. If the record involves an arrest for or charge of a marijuana-related crime and par. (b) 3. or 4 . applies, the director of state courts shall expunge such arrests or charges.

AB393-ASA4,9128 Section 9128. Nonstatutory provisions; Legislature.

AB393-ASA4,53,15 (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.

AB393-ASA4,53,16 (End)