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SB70-AA3,185,6 2(6) “Tetrahydrocannabinols concentration" means the percent of
3tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or
4per volume or weight of marijuana product, or the combined percent of
5tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
6Cannabis regardless of moisture content.
SB70-AA3,185,7 7(7) “Underage person" means a person who has not attained the legal age.
SB70-AA3,185,8 8(8) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-AA3,185,10 9961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
10may sell, distribute, or deliver marijuana to any underage person.
SB70-AA3,185,1211 2. No permittee may directly or indirectly permit an underage person to violate
12sub. (2m).
SB70-AA3,185,1513 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
14more than $500 and to a suspension of the permittee's permit for an amount of time
15not to exceed 30 days.
SB70-AA3,185,2116 (c) In determining whether a permittee has violated par. (a) 2., all relevant
17circumstances surrounding the presence of the underage person may be considered.
18In determining whether a permittee has violated par. (a) 1., all relevant
19circumstances surrounding the selling, distributing, or delivering of marijuana may
20be considered. In addition, proof of all of the following facts by the permittee is a
21defense to any prosecution for a violation under par. (a):
SB70-AA3,185,2322 1. That the underage person falsely represented that he or she had attained the
23legal age.
SB70-AA3,185,2524 2. That the appearance of the underage person was such that an ordinary and
25prudent person would believe that the underage person had attained the legal age.
SB70-AA3,186,3
13. That the action was made in good faith and in reliance on the representation
2and appearance of the underage person in the belief that the underage person had
3attained the legal age.
SB70-AA3,186,54 4. That the underage person supported the representation under subd. 1. with
5documentation that he or she had attained the legal age.
SB70-AA3,186,7 6(2) Any underage person who does any of the following is subject to a forfeiture
7of not less than $250 nor more than $500:
SB70-AA3,186,88 (a) Procures or attempts to procure marijuana from a permittee.
SB70-AA3,186,109 (b) Falsely represents his or her age for the purpose of receiving marijuana from
10a permittee.
SB70-AA3,186,1111 (c) Knowingly possesses or consumes marijuana.
SB70-AA3,186,1212 (d) Violates sub. (2m).
SB70-AA3,186,15 13(2m) An underage person not accompanied by his or her parent, guardian, or
14spouse who has attained the legal age may not enter, knowingly attempt to enter, or
15be on the premises of a retail outlet.
SB70-AA3,186,17 16(3) An individual who has attained the legal age and who knowingly does any
17of the following may be subject to a forfeiture that does not exceed $1,000:
SB70-AA3,186,1918 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
19owned by the individual or under the individual's control.
SB70-AA3,186,2020 (b) Encourages or contributes to a violation of sub. (2) (a).
SB70-AA3,186,24 21961.72 Restrictions; penalties. (1) No person except a permittee may sell,
22or possess with the intent to sell, marijuana. No person may distribute or deliver,
23or possess with the intent to distribute or deliver, marijuana except a permittee. Any
24person who violates a prohibition under this subsection is guilty of the following:
SB70-AA3,186,2525 (a) Except as provided in par. (b), a Class I felony.
SB70-AA3,187,4
1(b) If the individual to whom the marijuana is, or is intended to be, sold,
2distributed, or delivered has not attained the legal age and the actual or intended
3seller, distributor, or deliverer is at least 3 years older than the individual to whom
4the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
SB70-AA3,187,7 5(2) (a) A person that is not a permittee who possesses an amount of marijuana
6that exceeds the permissible amount by not more than one ounce is subject to a civil
7forfeiture not to exceed $1,000.
SB70-AA3,187,98 (b) A person who is not a permittee who possesses an amount of marijuana that
9exceeds the permissible amount by more than one ounce is one of the following:
SB70-AA3,187,1110 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or
11imprisonment not to exceed 90 days, or both.
SB70-AA3,187,1412 2. Guilty of a Class I felony if the person has taken action to hide how much
13marijuana the person possesses and has in place an extreme measure to avoid
14detection.
SB70-AA3,187,1715 (c) A person who is not a permittee that possesses more than 6 marijuana plants
16that have reached the flowering stage at one time must apply for a permit under s.
17139.972 and is one of the following:
SB70-AA3,187,1918 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not
19more than twice the permitting fee under s. 139.972.
SB70-AA3,187,2220 2. Except as provided in subd. 3., subject to a fine not to exceed $1,000 or
21imprisonment not to exceed 90 days, or both, if the number of marijuana plants that
22have reached the flowering stage is more than 12.
SB70-AA3,188,223 3. Guilty of a Class I felony if the number of marijuana plants that have reached
24the flowering stage is more than 12, if the individual has taken action to hide the

1number of marijuana plants that have reached the flowering stage and if the person
2has in place an extreme measure to avoid detection.
SB70-AA3,188,43 (d) Whoever uses or displays marijuana in a public space is subject to a civil
4forfeiture of not more than $100.
SB70-AA3,188,7 5(3) Any person who sells or attempts to sell marijuana via mail, telephone, or
6Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9
7months, or both.
SB70-AA3,212 8Section 212. 967.055 (1m) (b) 5. of the statutes is repealed.
SB70-AA3,213 9Section 213. 971.365 (1) (a) of the statutes is amended to read:
SB70-AA3,188,1310 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
11(cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations
12may be prosecuted as a single crime if the violations were pursuant to a single intent
13and design.
SB70-AA3,214 14Section 214. 971.365 (1) (b) of the statutes is amended to read:
SB70-AA3,188,1815 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
16(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all
17violations may be prosecuted as a single crime if the violations were pursuant to a
18single intent and design.
SB70-AA3,215 19Section 215. 971.365 (1) (c) of the statutes is amended to read:
SB70-AA3,188,2320 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
21(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
22one violation, all violations may be prosecuted as a single crime if the violations were
23pursuant to a single intent and design.
SB70-AA3,216 24Section 216. 971.365 (2) of the statutes is amended to read:
SB70-AA3,189,6
1971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
2prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
3(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
4or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g),
5or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial
6on the original charge.
SB70-AA3,217 7Section 217. 973.016 of the statutes is created to read:
SB70-AA3,189,11 8973.016 Special disposition for marijuana-related crimes. (1)
9Resentencing persons serving a sentence or probation. (a) A person serving a
10sentence or on probation may request resentencing or dismissal as provided under
11par. (b) if all of the following apply:
SB70-AA3,189,1312 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
13(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-AA3,189,1414 2. One of the following applies:
SB70-AA3,189,1615 a. The person would not have been guilty of a crime had the violation occurred
16on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-AA3,189,1817 b. The person would have been guilty of a lesser crime had the violation
18occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-AA3,189,2019 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
20court to request resentencing, adjustment of probation, or dismissal.
SB70-AA3,190,321 2. If the court receiving a petition under subd. 1. determines that par. (a)
22applies, the court shall schedule a hearing to consider the petition. At the hearing,
23if the court determines that par. (a) 2. b. applies, the court shall resentence the person
24or adjust the probation and change the record to reflect the lesser crime, and, if the
25court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and

1expunge the record. Before resentencing, adjusting probation, or dismissing a
2conviction under this subdivision, the court shall determine that the action does not
3present an unreasonable risk of danger to public safety.
SB70-AA3,190,54 3. If the court resentences the person or adjusts probation, the person shall
5receive credit for time or probation served for the relevant offense.
SB70-AA3,190,9 6(2) Redesignating offense for persons who completed a sentence or
7probation.
(a) A person who has completed his or her sentence or period of probation
8may request under par. (b) expungement of the conviction because the conviction is
9legally invalid or redesignation to a lesser crime if all of the following apply:
SB70-AA3,190,1110 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
11(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-AA3,190,1212 2. One of the following applies:
SB70-AA3,190,1413 a. The person would not have been guilty of a crime had the violation occurred
14on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-AA3,190,1615 b. The person would have been guilty of a lesser crime had the violation
16occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-AA3,190,1817 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
18court to request expungement or redesignation.
SB70-AA3,190,2519 2. If the court receiving a petition under subd. 1. determines that par. (a)
20applies, the court shall schedule a hearing to consider the petition. At the hearing,
21if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
22to a lesser crime and change the record to reflect the lesser crime, and if the court
23determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
24redesignating or expunging under this subdivision, the court shall determine that
25the action does not present an unreasonable risk of danger to public safety.
SB70-AA3,191,4
1(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
2court changes or expunges a record under this section, a conviction that was changed
3or expunged is not considered a conviction for any purpose under state or federal law,
4including for purposes of s. 941.29 or 18 USC 921.
SB70-AA3,9128 5Section 9128. Nonstatutory provisions; Legislature.
SB70-AA3,191,116 (1) Joint legislative council study. The joint legislative council shall study
7the implementation of the marijuana tax and regulation provided under subch. IV
8of ch. 139 and identify uses for the revenues generated by the tax. The joint
9legislative council shall report its findings, conclusions, and recommendations to the
10joint committee on finance no later than 2 years after the effective date of this
11subsection.”.
SB70-AA3,191,12 12225. Page 374, line 11: after that line insert:
SB70-AA3,191,13 13 Section 218. 49.45 (30e) (a) 2. of the statutes is repealed.
SB70-AA3,219 14Section 219. 49.45 (30e) (b) 3. of the statutes is amended to read:
SB70-AA3,191,1715 49.45 (30e) (b) 3. Requirements for certification of community-based
16psychosocial service programs. The department may certify county-based providers
17and providers that are not county-based providers.
SB70-AA3,220 18Section 220. 49.45 (30e) (c) of the statutes is renumbered 49.45 (30e) (c) 1. and
19amended to read:
SB70-AA3,192,220 49.45 (30e) (c) 1. A For a county that elects to make provide the services under
21s. 49.46 (2) (b) 6. Lm. available shall reimburse a provider of the services for the
22amount of the allowable charges for those services under the medical assistance
23program that is not provided by the federal government. The
, the department shall
24reimburse the provider county only for the amount of the allowable charges for those

1services under the medical assistance Medical Assistance program that is provided
2by the federal government.
SB70-AA3,221 3Section 221. 49.45 (30e) (c) 2. of the statutes is created to read:
SB70-AA3,192,64 49.45 (30e) (c) 2. The department shall reimburse a provider that is not a
5county-based provider for services under s. 49.46 (2) (b) 6. Lm. for both the federal
6and nonfederal share of a fee schedule that is determined by the department.
SB70-AA3,222 7Section 222. 49.45 (30e) (d) of the statutes is amended to read:
SB70-AA3,192,158 49.45 (30e) (d) Provision of services on regional basis. Notwithstanding par.
9(c) 1. and subject to par. (e), in counties that elect to deliver provide the services under
10s. 49.46 (2) (b) 6. Lm. through the Medical Assistance program on a regional basis
11according to criteria established by the department, the department shall reimburse
12a provider of the services for the amount of the allowable charges for those services
13under the Medical Assistance program that is provided by the federal government
14and for the amount of the allowable charges that is not provided by the federal
15government.
SB70-AA3,9119 16Section 9119. Nonstatutory provisions; Health Services.
SB70-AA3,192,2317 (1) Community-based psychosocial services. The department of health
18services may promulgate rules, including amending rules promulgated under s.
1949.45 (30e) (b), update Medical Assistance program policies, and request any state
20plan amendment or waiver of federal Medicaid law from the federal government
21necessary to provide reimbursement to providers who are not county-based
22providers for psychosocial services provided to Medical Assistance recipients under
23s. 49.45 (30e).”.
SB70-AA3,192,24 24226. Page 374, line 11: after that line insert:
SB70-AA3,193,1
1 Section 223. 46.48 (37) of the statutes is created to read:
SB70-AA3,193,42 46.48 (37) Peer recovery centers. The department may distribute not more
3than $260,000 in each fiscal year to regional peer recovery centers for individuals
4experiencing mental health and substance abuse issues.”.
SB70-AA3,193,5 5227. Page 374, line 11: after that line insert:
SB70-AA3,193,6 6 Section 9119. Nonstatutory provisions; Health Services
SB70-AA3,193,107 (2u) Health care workforce pilot project. The department of health services
8shall distribute $621,000 in fiscal year 2024-25 to support a pilot project in Dane
9County relating to the impact of the COVID-19 pandemic on the health care
10workforce.”.
SB70-AA3,193,11 11228. Page 374, line 11: after that line insert:
SB70-AA3,193,12 12 Section 224. 20.145 (1) (km) of the statutes is repealed.”.
SB70-AA3,193,13 13229. Page 374, line 11: after that line insert:
SB70-AA3,193,14 14 Section 225. 632.895 (6) (title) of the statutes is amended to read:
SB70-AA3,193,1515 632.895 (6) (title) Equipment and supplies for treatment of diabetes; insulin.
SB70-AA3,226 16Section 226. 632.895 (6) of the statutes is renumbered 632.895 (6) (a) and
17amended to read:
SB70-AA3,194,418 632.895 (6) (a) Every disability insurance policy which that provides coverage
19of expenses incurred for treatment of diabetes shall provide coverage for expenses
20incurred by the installation and use of an insulin infusion pump, coverage for all
21other equipment and supplies, including insulin or any other prescription
22medication, used in the treatment of diabetes, and coverage of diabetic
23self-management education programs. Coverage Except as provided in par. (b),
24coverage
required under this subsection shall be subject to the same exclusions,

1limitations, deductibles, and coinsurance provisions of the policy as other covered
2expenses, except that insulin infusion pump coverage may be limited to the purchase
3of one pump per year and the insurer may require the insured to use a pump for 30
4days before purchase.
SB70-AA3,227 5Section 227. 632.895 (6) (b) of the statutes is created to read:
SB70-AA3,194,66 632.895 (6) (b) 1. In this paragraph:
SB70-AA3,194,87 a. “Cost sharing” means the total of any deductible, copayment, or coinsurance
8amounts imposed on a person covered under a policy or plan.
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