AB50: Bill Text

AB50,1597,17 (4) “Permittee” has the meaning given under s. 139.97 (10).

AB50,1597,18 (5) “Retail outlet” has the meaning given in s. 139.97 (11).

AB50,1597,19 (5m) “Tetrahydrocannabinol” means any of the following:

AB50,1597,20 (a) Tetrahydrocannabinolic acid.

AB50,1597,22 (b) Any tetrahydrocannabinol including delta-8-tetrahydrocannabinol, delta- 9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, however derived.

AB50,1598,4 (6) “Tetrahydrocannabinols concentration” means the percentage of tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percentage of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

AB50,1598,5 (7) “Underage person” means a person who has not attained the legal age.

AB50,1598,6 (8) “Usable marijuana” has the meaning given in s. 139.97 (13).

AB50,1598,8 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person.

AB50,1598,10 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

AB50,1598,13 (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.

AB50,1598,19 (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):

AB50,1598,21 1. That the underage person falsely represented that they had attained the legal age.

AB50,1598,23 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.

AB50,1599,3 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.

AB50,1599,5 4. That the underage person supported the representation under subd. 1. with documentation that they had attained the legal age.

AB50,1599,7 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB50,1599,8 (a) Procures or attempts to procure marijuana from a permittee.

AB50,1599,10 (b) Falsely represents their age for the purpose of receiving marijuana from a permittee.

AB50,1599,11 (c) Knowingly possesses or consumes marijuana.

AB50,1599,12 (d) Violates sub. (2m).

AB50,1599,15 (2m) An underage person not accompanied by their 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.

AB50,1599,17 (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:

AB50,1599,19 (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.

AB50,1599,20 (b) Encourages or contributes to a violation of sub. (2) (a).

AB50,1600,2 961.72 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:

AB50,1600,3 (a) Except as provided in par. (b), a Class I felony.

AB50,1600,8 (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.

AB50,1600,11 (2) (a) A person who 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.

AB50,1600,13 (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:

AB50,1600,15 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.

AB50,1600,18 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.

AB50,1600,21 (c) A person who is not a permittee who 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:

AB50,1600,23 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.

AB50,1601,3 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.

AB50,1601,7 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.

AB50,1601,9 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB50,1601,12 (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.

AB50,3238 Section 3238. 967.055 (1m) (b) 5. of the statutes is repealed.

AB50,3239 Section 3239. 967.056 of the statutes is created to read:

AB50,1601,18 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

AB50,1601,19 (a) The accused or charged violation is the person’s first violation of s. 947.01.

AB50,1601,21 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

AB50,1602,2 (c) The person has not been convicted of a felony in this state, or of a violation in another state that would be a felony if committed by an adult in this state, in the preceding 3 years.

AB50,1602,4 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

AB50,1602,5 (a) A deferred prosecution agreement that includes restitution, if applicable.

AB50,1602,7 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

AB50,3240 Section 3240. 967.11 (1) of the statutes is amended to read:

AB50,1602,11 967.11 (1) In this section, “approved substance abuse treatment program” means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB50,3241 Section 3241. 968.02 (4) of the statutes is amended to read:

AB50,1602,19 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, the district attorney may consider, among other factors, the impact of the injury or death on the alleged violator when deciding whether to issue a complaint regarding the alleged violation. This subsection does not restrict the factors that a district attorney may consider in deciding whether to issue a complaint regarding any alleged violation.

AB50,3242 Section 3242. 968.07 (3) of the statutes is amended to read:

AB50,1603,2 968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.

AB50,3243 Section 3243. 968.075 (1) (a) (intro.) of the statutes is amended to read:

AB50,1603,7 968.075 (1) (a) (intro.) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common a relative of the adult person:

AB50,3244 Section 3244. 968.075 (1) (f) of the statutes is created to read:

AB50,1603,9 968.075 (1) (f) “Relative” means any of the following:

AB50,1603,10 1. A spouse or former spouse.

AB50,1603,11 2. A parent or stepparent.

AB50,1603,12 3. A legal guardian.

AB50,1603,13 4. A person with whom the adult person has a child in common.

AB50,1603,15 5. A person with whom the adult person is cohabiting or has cohabited as a spouse, a parent, or a legal guardian.

AB50,1603,17 6. A person who is similarly situated to the adult person as a spouse, a parent, or a legal guardian.

AB50,1603,19 7. An adult who is residing or has resided with the adult person if subd. 1., 2., 3., 4., 5., or 6. does not apply.

AB50,3245 Section 3245. 971.17 (1g) of the statutes is amended to read:

AB50,1604,2 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB50,3246 Section 3246. 971.365 (1) (a) of the statutes is amended to read:

AB50,1604,7 971.365 (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.

AB50,3247 Section 3247. 971.365 (1) (b) of the statutes is amended to read:

AB50,1604,12 971.365 (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.

AB50,3248 Section 3248. 971.365 (1) (c) of the statutes is amended to read:

AB50,1604,17 971.365 (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.

AB50,3249 Section 3249. 971.365 (2) of the statutes is amended to read:

AB50,1605,2 971.365 (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.

AB50,3250 Section 3250. 973.01 (3g) of the statutes is repealed.

AB50,3251 Section 3251. 973.01 (8) (ag) of the statutes is repealed.

AB50,3252 Section 3252. 973.015 (1b) of the statutes is created to read:

AB50,1605,6 973.015 (1b) In this section, “record” means a criminal case file.

AB50,3253 Section 3253. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

AB50,1605,16 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

AB50,1605,19 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB50,3254 Section 3254. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

AB50,1606,2 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

AB50,1607,2 b. If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged. Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement because subd. 3. or 4. applies, less than one year has passed since the person successfully completed his or her sentence, there are criminal charges pending against the person, the person has previously had a record expunged under this section, or the person has exceeded the maximum number of petitions allowed under this subd. 1. b. If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney. If the district attorney requests a hearing within 90 days after the court forwards the petition, the court shall schedule a hearing to review the petition. If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge shall be the judge to review the petition. The court may order that the record be expunged if the court determines the person will benefit and society will not be harmed by this disposition. If the court does not order the record to be expunged under this subd. 1. b., the person may file a 2nd petition under this subd. 1. b. only if at least 2 years have passed since he or she filed the first petition. No person may file more than 2 petitions per record under this subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.

AB50,3255 Section 3255. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

AB50,1607,7 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., or 948.095.

AB50,3256 Section 3256. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

AB50,1607,11 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

AB50,1607,13 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s. 943.01.