SB486: Bill Text

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:

SB486,,359 (a) Procures or attempts to procure marijuana from a permittee. This paragraph does not apply to a qualifying patient who has attained the age of 18 years or to a qualifying patient who has not attained the age of 18 years who is accompanied by his or her parent or guardian.

SB486,,360 (b) Falsely represents his or her age for the purpose of procuring marijuana from a permittee.

SB486,,361 (c) Falsely represents that he or she is a qualifying patient for the purpose of procuring marijuana from a permittee.

SB486,,362 (d) Violates sub. (2m).

SB486,,363 (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. This subsection does not apply to a qualifying patient who has attained the age of 18 years.

SB486,,364 (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:

SB486,,365 (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.

SB486,,366 (b) Encourages or contributes to a violation of sub. (2) (a).

SB486,,367 961.72 Restrictions; penalties. (1) Prohibition on sales. (a) General prohibition. No person may sell marijuana or possess marijuana with the intent to sell the marijuana.

SB486,,368 (b) Penalty for sales by adult. An individual who has attained the legal age who violates par. (a) is guilty of the following:

SB486,,369 1. Except as provided in subd. 2., one of the following:

SB486,,370 a. If the violation involves not more than one ounce of usable marijuana, a misdemeanor punishable by a fine of not more than $500.

SB486,,371 b. If the violation involves more than one ounce of usable marijuana but not more than 10 ounces of usable marijuana, a misdemeanor punishable by a fine of not more than $1,000.

SB486,,372 c. If the violation involves more than 10 ounces of usable marijuana but not more than 15 ounces of usable marijuana, a misdemeanor punishable by a fine of not more than $5,000.

SB486,,373 d. If the violation involves more than 15 ounces of usable marijuana, a Class I felony.

SB486,,374 2. If the individual to whom the marijuana is, or is intended to be, sold, is an underage person and the seller is at least 3 years older than the underage person, one of the following:

SB486,,375 a. If the violation involves not more than the permissible amount, a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for up to 90 days or both.

SB486,,376 b. If the violation involves more than the permissible amount, a Class H felony.

SB486,,377 (c) Penalty for sales by underage person. An underage person who violates par. (a) is one of the following:

SB486,,378 1. If the violation involves not more than the permissible amount, subject to a forfeiture of not more than $100.

SB486,,379 2. If the violation involves more than the permissible amount but not more than 20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,380 3. If the violation involves more than 20 ounces, guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

SB486,,381 (d) Exceptions. Paragraph (a) does not apply to any of the following:

SB486,,382 1. A permittee.

SB486,,383 2. A sale of a negligible amount that was obtained in compliance with this subchapter to an individual who has attained the legal age if the seller receives compensation for the sale that is less than or equal to the amount that the seller paid for the negligible amount.

SB486,,384 (1m) Prohibition on distribution. (a) General prohibition. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana.

SB486,,385 (b) Penalty for distribution by adult. An individual who has attained the legal age who violates par. (a) is one of the following:

SB486,,386 1. Except as provided in subd. 2., one of the following:

SB486,,387 a. If the violation involves not more than the permissible amount, subject to a forfeiture of not more than $250.

SB486,,388 b. If the violation involves more than the permissible amount, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,389 2. If the individual to whom the marijuana is, or is intended to be, distributed or delivered is an underage person and the distributor or deliverer is at least 3 years older than the underage person, guilty of the following:

SB486,,390 a. If the violation involves not more than the permissible amount, a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

SB486,,391 b. If the violation involves more than the permissible amount, a Class H felony.

SB486,,392 (c) Penalty for distribution by underage person. An underage person who violates par. (a) is one of the following:

SB486,,393 1. If the violation involves not more than the permissible amount, subject to a forfeiture of not more than $100.

SB486,,394 2. If the violation involves more than the permissible amount but not more than 20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,395 3. If the violation involves more than 20 ounces, guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment for not more than 90 days or both.

SB486,,396 (d) Exceptions. Paragraph (a) does not apply to any of the following:

SB486,,397 1. A permittee.

SB486,,398 2. A distribution or delivery of a negligible amount that was obtained in compliance with this subchapter to an individual who has attained the legal age.

SB486,,399 3. A distribution or delivery of a permissible amount that was obtained in compliance with this subchapter to an individual who cohabitates with the distributor or deliverer.

SB486,,400 (2) Possession. (a) A person who has attained the legal age who is not a permittee and who possesses an amount of marijuana that exceeds the permissible amount is one of the following:

SB486,,401 1. If the overage is not more than one ounce, subject to a forfeiture of not more than $100.

SB486,,402 2. If the overage is more than one ounce but not more than 16 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,403 3. If the overage is more than 16 ounces, one of the following:

SB486,,404 a. Except as provided in subd. 3. b., guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

SB486,,405 b. 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.

SB486,,406 (b) Except if the underage person is a qualifying patient, an underage person who possesses marijuana is subject to the following forfeitures:

SB486,,407 1. If the amount possessed is a negligible amount, not more than $50.

SB486,,408 2. If the amount possessed is more than a negligible amount but not more than a permissible amount, not more than $100.

SB486,,409 3. If the amount possessed is more than a permissible amount, not more than $200.

SB486,,410 (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:

SB486,,411 1. Except as provided in subds. 2. and 3., subject to a forfeiture that is not more than twice the permitting fee under s. 139.972.

SB486,,412 2. Except as provided in subd. 3., guilty of a misdemeanor punishable by 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.

SB486,,413 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.

SB486,,414 (d) Whoever uses or displays marijuana in a public space other than a marijuana lounge, as defined in s. 139.97 (5m), that is operated by a permittee is subject to a forfeiture in an amount that does not exceed the following:

SB486,,415 1. If the use or display occurs in a county or a municipality with an ordinance prohibiting using or displaying marijuana in a public space, the forfeiture amount specified in the ordinance. If more than one ordinance applies, the lower amount shall be used.

SB486,,416 2. If the use or display occurs in a county or municipality without an ordinance prohibiting using or displaying marijuana in a public space, $100.

SB486,,417 (3) 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.

SB486,68 Section 68. 967.055 (1m) (b) 5. of the statutes is repealed.

SB486,69 Section 69. 971.365 (1) (a) of the statutes is amended to read:

SB486,,420 971.365 (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.

SB486,70 Section 70. 971.365 (1) (b) of the statutes is amended to read:

SB486,,422 971.365 (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.