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SB70-SSA2-SA2,75 3Section 75. 961.41 (3g) (d) of the statutes is amended to read:
SB70-SSA2-SA2,86,204 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
5possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
6amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
7N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
8(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
9lysergic acid diethylamide, phencyclidine, amphetamine,
103,4-methylenedioxymethamphetamine, methcathinone, cathinone,
11N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
12(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
13$5,000 or imprisoned for not more than one year in the county jail 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.
SB70-SSA2-SA2,76 21Section 76. 961.41 (3g) (e) of the statutes is repealed.
SB70-SSA2-SA2,77 22Section 77. 961.41 (3g) (em) of the statutes is amended to read:
SB70-SSA2-SA2,87,823 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
24possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
25analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined

1not more than $1,000 or imprisoned for not more than 6 months or both upon a first
2conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
3purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
4prior to the offender's conviction of the offense, the offender has at any time been
5convicted of any felony or misdemeanor under this chapter or under any statute of
6the United States or of any state relating to controlled substances, controlled
7substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
8hallucinogenic drugs.
SB70-SSA2-SA2,78 9Section 78. 961.47 (1) of the statutes is amended to read:
SB70-SSA2-SA2,87,2510 961.47 (1) Whenever any person who has not previously been convicted of any
11offense under this chapter, or of any offense under any statute of the United States
12or of any state or of any county ordinance relating to controlled substances or
13controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
14or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
15possession of a controlled substance or controlled substance analog under s. 961.41
16(3g) (b), the court, without entering a judgment of guilt and with the consent of the
17accused, may defer further proceedings and place him or her on probation upon terms
18and conditions. Upon violation of a term or condition, the court may enter an
19adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
20terms and conditions, the court shall discharge the person and dismiss the
21proceedings against him or her. Discharge and dismissal under this section shall be
22without adjudication of guilt and is not a conviction for purposes of disqualifications
23or disabilities imposed by law upon conviction of a crime, including the additional
24penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
25only one discharge and dismissal under this section with respect to any person.
SB70-SSA2-SA2,79
1Section 79. 961.48 (3) of the statutes is amended to read:
SB70-SSA2-SA2,88,72 961.48 (3) For purposes of this section, a felony offense under this chapter is
3considered a 2nd or subsequent offense if, prior to the offender's conviction of the
4offense, the offender has at any time been convicted of any felony or misdemeanor
5offense under this chapter or under any statute of the United States or of any state
6relating to controlled substances or controlled substance analogs, narcotic drugs,
7marijuana or depressant, stimulant, or hallucinogenic drugs.
SB70-SSA2-SA2,80 8Section 80. 961.48 (5) of the statutes is amended to read:
SB70-SSA2-SA2,88,109 961.48 (5) This section does not apply if the person is presently charged with
10a felony under s. 961.41 (3g) (c), (d), (e), or (g).
SB70-SSA2-SA2,81 11Section 81. 961.49 (1m) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,88,2012 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
13or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
14(f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
15base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
16psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any
17form of tetrahydrocannabinols
or a controlled substance analog of any of these
18substances and the delivery, distribution or possession takes place under any of the
19following circumstances, the maximum term of imprisonment prescribed by law for
20that crime may be increased by 5 years:
SB70-SSA2-SA2,82 21Section 82. 961.571 (1) (a) 7. of the statutes is repealed.
SB70-SSA2-SA2,83 22Section 83. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,88,2523 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
24for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
25or hashish oil into the human body, such as:
SB70-SSA2-SA2,84
1Section 84. 961.571 (1) (a) 11. e. of the statutes is repealed.
SB70-SSA2-SA2,85 2Section 85. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
SB70-SSA2-SA2,86 3Section 86. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
4is created to read:
SB70-SSA2-SA2,89,55 Chapter 961
SB70-SSA2-SA2,89,66 Subchapter VIII
SB70-SSA2-SA2,89,77 regulation of Marijuana
SB70-SSA2-SA2,89,8 8961.70 Definitions. In this subchapter:
SB70-SSA2-SA2,89,9 9(1) “Extreme measure to avoid detection” means any of the following:
SB70-SSA2-SA2,89,1210 (a) A system that aims to alert a person if law enforcement approaches an area
11that contains marijuana plants if the system exceeds a security system that would
12be used by a reasonable person in the person's region.
SB70-SSA2-SA2,89,1513 (b) A method of intimidating individuals who approach an area that contains
14marijuana plants if the method exceeds a method that would be used by a reasonable
15person in the person's region.
SB70-SSA2-SA2,89,1716 (c) A system that is designed so that an individual approaching the area that
17contains marijuana plants may be injured or killed by the system.
SB70-SSA2-SA2,89,19 18(1m) “Legal age" means 21 years of age, except that in the case of a qualifying
19patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.
SB70-SSA2-SA2,89,20 20(3) “Permissible amount" means one of the following:
SB70-SSA2-SA2,89,2221 (a) For a person who is a resident of Wisconsin, an amount that does not exceed
222 ounces of usable marijuana.
SB70-SSA2-SA2,89,2423 (b) For a person who is not a resident of Wisconsin, an amount that does not
24exceed one-quarter ounce of usable marijuana.
SB70-SSA2-SA2,89,25 25(4) “Permittee" has the meaning given under s. 139.97 (10).
SB70-SSA2-SA2,90,1
1(5) “Retail outlet" has the meaning given in s. 139.97 (11).
SB70-SSA2-SA2,90,6 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-SSA2-SA2,90,7 7(7) “Underage person" means a person who has not attained the legal age.
SB70-SSA2-SA2,90,8 8(8) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-SSA2-SA2,90,10 9961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
10may sell, distribute, or deliver marijuana to any underage person.
SB70-SSA2-SA2,90,1211 2. No permittee may directly or indirectly permit an underage person to violate
12sub. (2m).
SB70-SSA2-SA2,90,1513 (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-SSA2-SA2,90,2116 (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-SSA2-SA2,90,2322 1. That the underage person falsely represented that he or she had attained the
23legal age.
SB70-SSA2-SA2,90,2524 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-SSA2-SA2,91,3
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-SSA2-SA2,91,54 4. That the underage person supported the representation under subd. 1. with
5documentation that he or she had attained the legal age.
SB70-SSA2-SA2,91,7 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-SSA2-SA2,91,88 (a) Procures or attempts to procure marijuana from a permittee.
SB70-SSA2-SA2,91,109 (b) Falsely represents his or her age for the purpose of receiving marijuana from
10a permittee.
SB70-SSA2-SA2,91,1111 (c) Knowingly possesses or consumes marijuana.
SB70-SSA2-SA2,91,1212 (d) Violates sub. (2m).
SB70-SSA2-SA2,91,15 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-SSA2-SA2,91,17 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-SSA2-SA2,91,1918 (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-SSA2-SA2,91,2020 (b) Encourages or contributes to a violation of sub. (2) (a).
SB70-SSA2-SA2,91,24 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-SSA2-SA2,91,2525 (a) Except as provided in par. (b), a Class I felony.
SB70-SSA2-SA2,92,4
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-SSA2-SA2,92,7 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-SSA2-SA2,92,98 (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-SSA2-SA2,92,1110 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-SSA2-SA2,92,1412 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-SSA2-SA2,92,1715 (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-SSA2-SA2,92,1918 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-SSA2-SA2,92,2220 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-SSA2-SA2,93,223 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-SSA2-SA2,93,43 (d) Whoever uses or displays marijuana in a public space is subject to a civil
4forfeiture of not more than $100.
SB70-SSA2-SA2,93,7 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-SSA2-SA2,87 8Section 87. 967.055 (1m) (b) 5. of the statutes is repealed.
SB70-SSA2-SA2,88 9Section 88. 971.365 (1) (a) of the statutes is amended to read:
SB70-SSA2-SA2,93,1310 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-SSA2-SA2,89 14Section 89. 971.365 (1) (b) of the statutes is amended to read:
SB70-SSA2-SA2,93,1815 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-SSA2-SA2,90 19Section 90. 971.365 (1) (c) of the statutes is amended to read:
SB70-SSA2-SA2,93,2320 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-SSA2-SA2,91 24Section 91. 971.365 (2) of the statutes is amended to read:
SB70-SSA2-SA2,94,6
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-SSA2-SA2,92 7Section 92. 973.016 of the statutes is created to read:
SB70-SSA2-SA2,94,11 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-SSA2-SA2,94,1312 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-SSA2-SA2,94,1414 2. One of the following applies:
SB70-SSA2-SA2,94,1615 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-SSA2-SA2,94,1817 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-SSA2-SA2,94,2019 (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-SSA2-SA2,95,321 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-SSA2-SA2,95,54 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-SSA2-SA2,95,9 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-SSA2-SA2,95,1110 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-SSA2-SA2,95,1212 2. One of the following applies:
SB70-SSA2-SA2,95,1413 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-SSA2-SA2,95,1615 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].
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