SB486: Bill Text

SB486,,270 (5) Any person who violates any of the rules promulgated in accordance with this subchapter shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both.

SB486,,271 (6) In addition to the penalties imposed for violating the provisions of this subchapter or any of the department’s rules, the department shall revoke the permit of any person convicted of such a violation and not issue another permit to that person for a period of 2 years following the revocation.

SB486,,272 (7) Unpaid taxes bear interest at the rate of 12 percent per year from the due date of the return until paid or deposited with the department, and all refunded taxes bear interest at the rate of 3 percent per year from the due date of the return to the date on which the refund is certified on the refund rolls.

SB486,,273 (8) All nondelinquent payments of additional amounts owed shall be applied in the following order: penalties, interest, tax principal.

SB486,,274 (9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per month until paid. The taxes imposed by this subchapter shall become delinquent if not paid:

SB486,,275 (a) In the case of a timely filed return, no return filed or a late return, on or before the due date of the return.

SB486,,276 (b) In the case of a deficiency determination of taxes, within 2 months after the date of demand.

SB486,,277 (10) If due to neglect an incorrect return is filed, the entire tax finally determined is subject to a penalty of 25 percent of the tax exclusive of interest or other penalty. A person filing an incorrect return has the burden of proving that the error or errors were due to good cause and not due to neglect.

SB486,,278 139.979 Personal use. An individual who possesses no more than 6 marijuana plants that have reached the flowering stage at any one time is not subject to the tax imposed under s. 139.971. An individual who possesses more than 6 marijuana plants that have reached the flowering stage at any one time shall apply for the appropriate permit under s. 139.972 and pay the appropriate tax imposed under s. 139.971.

SB486,,279 139.980 Agreement with tribes. The department may enter into an agreement with a federally recognized American Indian tribe in this state for the administration and enforcement of this subchapter and to provide refunds of the tax imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members of the tribe residing on the tribal land.

SB486,36 Section 36. 157.06 (11) (hm) of the statutes is created to read:

SB486,,281 157.06 (11) (hm) Unless otherwise required by federal law, a hospital, physician, procurement organization, or other person may not determine the ultimate recipient of an anatomical gift based solely upon a positive test for the use of marijuana by a potential recipient.

SB486,37 Section 37. 157.06 (11) (i) of the statutes is amended to read:

SB486,,283 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in this section affects the allocation of organs for transplantation or therapy.

SB486,38 Section 38. 175.35 (2g) (b) 3. of the statutes is created to read:

SB486,,285 175.35 (2g) (b) 3. Any form that inquires about the applicant’s use of controlled substances shall specifically authorize a qualifying patient, as defined in s. 73.17 (1) (d), to refrain from reporting the use of marijuana under s. 73.17 and shall specifically authorize a person 21 years of age or older to refrain from reporting the use of marijuana.

SB486,39 Section 39. 175.35 (2g) (c) 4. a. of the statutes is amended to read:

SB486,,287 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29. No person may be denied the right to be transferred a firearm under this section solely on the basis that the person is a qualifying patient, as defined in s. 73.17 (1) (d), or, if the person is at least 21 years old, solely on the basis that the person uses marijuana.

SB486,40 Section 40. 238.139 of the statutes is created to read:

SB486,,289 238.139 Financial assistance for underserved communities. The corporation shall expend $5,000,000 annually to provide grants, loans, and other assistance to underserved communities in this state, including members of minority groups, woman-owned businesses, and individuals and businesses in rural areas.

SB486,41 Section 41. 250.22 of the statutes is created to read:

SB486,,291 250.22 Health equity grants. (1) From the appropriation under s. 20.435 (1) (s), the department shall award grants to community organizations to implement community health worker care models.

SB486,,292 (2) From the appropriation under s. 20.435 (1) (s), the department shall award grants to community organizations and local or tribal health departments to hire health equity strategists and to implement health equity action plans.

SB486,42 Section 42. 289.33 (3) (d) of the statutes is amended to read:

SB486,,294 289.33 (3) (d) “Local approval” includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

SB486,43 Section 43. 349.02 (2) (b) 4. of the statutes is amended to read:

SB486,,296 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

SB486,44 Section 44. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended to read:

SB486,,298 961.70 (2) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or preparation is greater than 0.3 percent on a dry weight basis. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

SB486,45 Section 45. 961.11 (4g) of the statutes is repealed.

SB486,46 Section 46. 961.14 (4) (t) of the statutes is repealed.

SB486,47 Section 47. 961.32 (2m) of the statutes is repealed.

SB486,48 Section 48. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read:

SB486,,303 961.75 (title) Controlled substances Marijuana therapeutic research.

SB486,49 Section 49. 961.38 (1n) of the statutes is repealed.

SB486,50 Section 50. 961.41 (1) (h) of the statutes is repealed.

SB486,51 Section 51. 961.41 (1m) (h) of the statutes is repealed.

SB486,52 Section 52. 961.41 (1q) of the statutes is repealed.

SB486,53 Section 53. 961.41 (1r) of the statutes is amended to read:

SB486,,309 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

SB486,54 Section 54. 961.41 (1x) of the statutes is amended to read:

SB486,,311 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31, to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).

SB486,55 Section 55. 961.41 (3g) (c) of the statutes is amended to read:

SB486,,313 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

SB486,56 Section 56. 961.41 (3g) (d) of the statutes is amended to read:

SB486,,315 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

SB486,57 Section 57. 961.41 (3g) (e) of the statutes is repealed.

SB486,58 Section 58. 961.41 (3g) (em) of the statutes is amended to read:

SB486,,318 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

SB486,59 Section 59. 961.47 (1) of the statutes is amended to read:

SB486,,320 961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.

SB486,60 Section 60. 961.48 (3) of the statutes is amended to read:

SB486,,322 961.48 (3) For purposes of this section, a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant, or hallucinogenic drugs.

SB486,61 Section 61. 961.48 (5) of the statutes is amended to read:

SB486,,324 961.48 (5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).

SB486,62 Section 62. 961.49 (1m) (intro.) of the statutes is amended to read:

SB486,,326 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

SB486,63 Section 63. 961.571 (1) (a) 7. of the statutes is repealed.

SB486,64 Section 64. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

SB486,,329 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

SB486,65 Section 65. 961.571 (1) (a) 11. e. of the statutes is repealed.

SB486,66 Section 66. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

SB486,67 Section 67. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

SB486,,333 CHAPTER 961

SB486,,334 SUBCHAPTER VIII

SB486,,335 REGULATION OF MARIJUANA

SB486,,336 961.70 Definitions. In this subchapter:

SB486,,337 (1k) “Extreme measure to avoid detection” means any of the following:

SB486,,338 (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.

SB486,,339 (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.

SB486,,340 (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.

SB486,,341 (1m) “Legal age” means 21 years of age.

SB486,,342 (2) “Negligible amount” means an amount that does not exceed one-quarter ounce of usable marijuana.

SB486,,343 (3) “Permissible amount” means an amount that does not exceed 5 ounces of usable marijuana.

SB486,,344 (4) “Permittee” has the meaning given under s. 139.97 (10).

SB486,,345 (4g) “Qualifying patient” has the meaning given in s. 73.17 (1) (d).

SB486,,346 (5) “Retail outlet” has the meaning given in s. 139.97 (11).

SB486,,347 (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.

SB486,,348 (7) “Underage person” means a person who has not attained the legal age.

SB486,,349 (8) “Usable marijuana” has the meaning given in s. 139.97 (13).

SB486,,350 961.71 Underage persons prohibitions involving permittees; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person unless that underage person is a qualifying patient.

SB486,,351 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

SB486,,352 (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 90 days.

SB486,,353 (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):

SB486,,354 1. That the underage person falsely represented that he or she had attained the legal age or that he or she was a qualifying patient.

SB486,,355 2. If the underage person was falsely representing that he or she had attained the legal age, 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.

SB486,,356 3. That the permittee acted in good faith and, if the underage person falsely represented his or her age, in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

SB486,,357 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age or documentation that he or she was a qualifying patient.

SB486,,358 (2) Any underage person who does any of the following is subject to a forfeiture of not more than $250: