Amendment AA10-SB70

SB70-AA10,193,6 Subchapter VIII

SB70-AA10,193,7 regulation of Marijuana

SB70-AA10,193,8 961.70 Definitions. In this subchapter:

SB70-AA10,193,9 (1) “Extreme measure to avoid detection” means any of the following:

SB70-AA10,193,12 (a) A system that aims to alert a 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.

SB70-AA10,193,15 (b) 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.

SB70-AA10,193,17 (c) A system that is designed so that an individual approaching the area that contains marijuana plants may be injured or killed by the system.

SB70-AA10,193,19 (1m) “Legal age" means 21 years of age, except that in the case of a qualifying patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.

SB70-AA10,193,20 (3) “Permissible amount" means one of the following:

SB70-AA10,193,22 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

SB70-AA10,193,24 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

SB70-AA10,193,25 (4) “Permittee" has the meaning given under s. 139.97 (10).

SB70-AA10,194,1 (5) “Retail outlet" has the meaning given in s. 139.97 (11).

SB70-AA10,194,6 (6) “Tetrahydrocannabinols concentration" means the percent of tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

SB70-AA10,194,7 (7) “Underage person" means a person who has not attained the legal age.

SB70-AA10,194,8 (8) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB70-AA10,194,10 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person.

SB70-AA10,194,12 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

SB70-AA10,194,15 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not more than $500 and to a suspension of the permittee's permit for an amount of time not to exceed 30 days.

SB70-AA10,194,21 (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):

SB70-AA10,194,23 1. That the underage person falsely represented that he or she had attained the legal age.

SB70-AA10,194,25 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.

SB70-AA10,195,3 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.

SB70-AA10,195,5 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

SB70-AA10,195,7 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

SB70-AA10,195,8 (a) Procures or attempts to procure marijuana from a permittee.

SB70-AA10,195,10 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

SB70-AA10,195,11 (c) Knowingly possesses or consumes marijuana.

SB70-AA10,195,12 (d) Violates sub. (2m).

SB70-AA10,195,15 (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.

SB70-AA10,195,17 (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:

SB70-AA10,195,19 (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.

SB70-AA10,195,20 (b) Encourages or contributes to a violation of sub. (2) (a).

SB70-AA10,195,24 961.72 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:

SB70-AA10,195,25 (a) Except as provided in par. (b), a Class I felony.

SB70-AA10,196,4 (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.

SB70-AA10,196,7 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by not more than one ounce is subject to a civil forfeiture not to exceed $1,000.

SB70-AA10,196,9 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by more than one ounce is one of the following:

SB70-AA10,196,11 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

SB70-AA10,196,14 2. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

SB70-AA10,196,17 (c) A person who is not a permittee that possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

SB70-AA10,196,19 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

SB70-AA10,196,22 2. Except as provided in subd. 3., subject to a fine 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 12.

SB70-AA10,197,2 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 the person has in place an extreme measure to avoid detection.

SB70-AA10,197,4 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB70-AA10,197,7 (3) 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.

SB70-AA10,346 Section 346. 967.055 (1m) (b) 5. of the statutes is repealed.

SB70-AA10,347 Section 347. 971.365 (1) (a) of the statutes is amended to read:

SB70-AA10,197,13 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (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.

SB70-AA10,348 Section 348. 971.365 (1) (b) of the statutes is amended to read:

SB70-AA10,197,18 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (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.

SB70-AA10,349 Section 349. 971.365 (1) (c) of the statutes is amended to read:

SB70-AA10,197,23 971.365 (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.

SB70-AA10,350 Section 350. 971.365 (2) of the statutes is amended to read:

SB70-AA10,198,6 971.365 (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), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (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.

SB70-AA10,351 Section 351. 973.016 of the statutes is created to read:

SB70-AA10,198,11 973.016 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:

SB70-AA10,198,13 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-AA10,198,14 2. One of the following applies:

SB70-AA10,198,16 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].

SB70-AA10,198,18 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].

SB70-AA10,198,20 (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.

SB70-AA10,199,3 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.

SB70-AA10,199,5 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

SB70-AA10,199,9 (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:

SB70-AA10,199,11 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-AA10,199,12 2. One of the following applies:

SB70-AA10,199,14 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].

SB70-AA10,199,16 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].

SB70-AA10,199,18 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

SB70-AA10,199,25 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.

SB70-AA10,200,4 (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.

SB70-AA10,9128 Section 9128. Nonstatutory provisions; Legislature.

SB70-AA10,200,11 (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.”.

SB70-AA10,200,12 274. Page 374, line 11: after that line insert:

SB70-AA10,200,13 “ Section 352. 961.443 (2) (title) of the statutes is amended to read:

SB70-AA10,200,15 961.443 (2) (title) Immunity from criminal prosecution and revocation of parole, probation, or extended supervision.

SB70-AA10,353 Section 353. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and amended to read:

SB70-AA10,201,2 961.443 (2) (a) An No aider may have his or her parole, probation, or extended supervision revoked, and an aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1) if the aider's attempt to obtain assistance occurs immediately after the aider believes the other person is suffering from the overdose or other adverse reaction.

SB70-AA10,354 Section 354. 961.443 (2) (b) of the statutes is created to read:

SB70-AA10,201,9 961.443 (2) (b) 1. No aided person person may have his or her parole, probation, or extended supervision revoked under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) if the aided person completes a treatment program as a condition of his or her parole, probation, or extended supervision or, if a treatment program is unavailable or would be prohibitive financially, agrees to be imprisoned in the county jail for not less than 15 days.

SB70-AA10,201,18 2. If an aided person is subject to prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1), the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.”.

SB70-AA10,201,19 275. Page 374, line 11: after that line insert:

SB70-AA10,201,20 “ Section 355. 302.05 (title) of the statutes is amended to read:

SB70-AA10,201,21 302.05 (title) Wisconsin substance abuse earned release program.

SB70-AA10,356 Section 356. 302.05 (1) (am) (intro.) of the statutes is amended to read:

SB70-AA10,202,6 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

SB70-AA10,357 Section 357. 302.05 (1) (b) of the statutes is amended to read:

SB70-AA10,202,11 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).