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SB440-SSA1,37,7 4(9) Any building or place of any kind where marijuana or usable marijuana is
5sold, possessed, stored, or manufactured without a lawful permit or in violation of
6s. 139.972 or 139.973 is declared a public nuisance and may be closed and abated as
7such.
SB440-SSA1,37,10 8(10) At the request of the secretary of revenue, the attorney general may
9represent this state or assist a district attorney in prosecuting any case arising under
10this subchapter.
SB440-SSA1,37,17 11139.976 Theft of tax moneys. All marijuana tax moneys received by a
12permittee for the sale of marijuana or usable marijuana on which the tax under this
13subchapter has become due and has not been paid are trust funds in the permittee's
14possession and are the property of this state. Any permittee who fraudulently
15withholds, appropriates, or otherwise uses marijuana tax moneys that are the
16property of this state is guilty of theft under s. 943.20 (1), whether or not the
17permittee has or claims to have an interest in those moneys.
SB440-SSA1,37,23 18139.977 Seizure and confiscation. (1) All marijuana and usable marijuana
19produced, processed, made, kept, stored, sold, distributed, or transported in violation
20of this subchapter, and all tangible personal property used in connection with the
21marijuana or usable marijuana, is unlawful property and subject to seizure by the
22department or a law enforcement officer. Except as provided in sub. (2), all
23marijuana and usable marijuana seized under this subsection shall be destroyed.
SB440-SSA1,38,4 24(2) If marijuana or usable marijuana on which the tax has not been paid is
25seized as provided under sub. (1), it may be given to law enforcement officers to use

1in criminal investigations or sold to qualified buyers by the department, without
2notice. If the department finds that the marijuana or usable marijuana may
3deteriorate or become unfit for use in criminal investigations or for sale, or that those
4uses would otherwise be impractical, the department may order it destroyed.
SB440-SSA1,38,11 5(3) If marijuana or usable marijuana on which the tax has been paid is seized
6as provided under sub. (1), it shall be returned to the true owner if ownership can be
7ascertained and the owner or the owner's agent is not involved in the violation
8resulting in the seizure. If the ownership cannot be ascertained or if the owner or
9the owner's agent was guilty of the violation that resulted in the seizure of the
10marijuana or usable marijuana, it may be sold or otherwise disposed of as provided
11in sub. (2).
SB440-SSA1,39,5 12(4) If tangible personal property other than marijuana or usable marijuana is
13seized as provided under sub. (1), the department shall advertise the tangible
14personal property for sale by publication of a class 2 notice under ch. 985. If no person
15claiming a lien on, or ownership of, the property has notified the department of the
16person's claim within 10 days after last insertion of the notice, the department shall
17sell the property. If a sale is not practical the department may destroy the property.
18If a person claiming a lien on, or ownership of, the property notifies the department
19within the time prescribed in this subsection, the department may apply to the
20circuit court in the county where the property was seized for an order directing
21disposition of the property or the proceeds from the sale of the property. If the court
22orders the property to be sold, all liens, if any, may be transferred from the property
23to the sale proceeds. Neither the property seized nor the proceeds from the sale shall
24be turned over to any claimant of lien or ownership unless the claimant first
25establishes that the property was not used in connection with any violation under

1this subchapter or that, if so used, it was done without the claimant's knowledge or
2consent and without the claimant's knowledge of facts that should have given the
3claimant reason to believe it would be put to such use. If no claim of lien or ownership
4is established as provided under this subsection the property may be ordered
5destroyed.
SB440-SSA1,39,10 6139.978 Interest and penalties. (1) Any person who makes or signs any
7false or fraudulent report under this subchapter or who attempts to evade the tax
8imposed by s. 139.971, or who aids in or abets the evasion or attempted evasion of
9that tax, may be fined not more than $10,000 or imprisoned for not more than 9
10months or both.
SB440-SSA1,39,13 11(2) Any permittee who fails to keep the records required by s. 139.974 (1) and
12(2) shall be fined not less than $100 nor more than $500 or imprisoned not more than
136 months or both.
SB440-SSA1,39,18 14(3) Any person who refuses to permit the examination or inspection authorized
15under s. 139.975 (3) may be fined not more than $500 or imprisoned not more than
166 months or both. The department shall immediately suspend or revoke the permit
17of any person who refuses to permit the examination or inspection authorized under
18s. 139.975 (3).
SB440-SSA1,39,21 19(4) Any person who violates any of the provisions of this subchapter for which
20no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
21or imprisoned not less than 10 days nor more than 90 days or both.
SB440-SSA1,39,24 22(5) Any person who violates any of the rules promulgated in accordance with
23this subchapter shall be fined not less than $100 nor more than $500 or imprisoned
24not more than 6 months or both.
SB440-SSA1,40,4
1(6) In addition to the penalties imposed for violating the provisions of this
2subchapter or any of the department's rules, the department shall revoke the permit
3of any person convicted of such a violation and not issue another permit to that
4person for a period of 2 years following the revocation.
SB440-SSA1,40,8 5(7) Unpaid taxes bear interest at the rate of 12 percent per year from the due
6date of the return until paid or deposited with the department, and all refunded taxes
7bear interest at the rate of 3 percent per year from the due date of the return to the
8date on which the refund is certified on the refund rolls.
SB440-SSA1,40,10 9(8) All nondelinquent payments of additional amounts owed shall be applied
10in the following order: penalties, interest, tax principal.
SB440-SSA1,40,13 11(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per
12month until paid. The taxes imposed by this subchapter shall become delinquent if
13not paid:
SB440-SSA1,40,1514 (a) In the case of a timely filed return, no return filed or a late return, on or
15before the due date of the return.
SB440-SSA1,40,1716 (b) In the case of a deficiency determination of taxes, within 2 months after the
17date of demand.
SB440-SSA1,40,21 18(10) If due to neglect an incorrect return is filed, the entire tax finally
19determined is subject to a penalty of 25 percent of the tax exclusive of interest or
20other penalty. A person filing an incorrect return has the burden of proving that the
21error or errors were due to good cause and not due to neglect.
SB440-SSA1,41,2 22139.979 Personal use. An individual who possesses no more than 6
23marijuana plants that have reached the flowering stage at any one time is not subject
24to the tax imposed under s. 139.971. An individual who possesses more than 6
25marijuana plants that have reached the flowering stage at any one time shall apply

1for the appropriate permit under s. 139.972 and pay the appropriate tax imposed
2under s. 139.971.
SB440-SSA1,41,7 3139.980 Agreement with tribes. The department may enter into an
4agreement with a federally recognized American Indian Tribe in this state for the
5administration and enforcement of this subchapter and to provide refunds of the tax
6imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members
7of the tribe residing on the tribal land.
SB440-SSA1,34 8Section 34 . 157.06 (11) (hm) of the statutes is created to read:
SB440-SSA1,41,129 157.06 (11) (hm) Unless otherwise required by federal law, a hospital,
10physician, procurement organization, or other person may not determine the
11ultimate recipient of an anatomical gift based solely upon a positive test for the use
12of marijuana by a potential recipient.
SB440-SSA1,35 13Section 35 . 157.06 (11) (i) of the statutes is amended to read:
SB440-SSA1,41,1514 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in
15this section affects the allocation of organs for transplantation or therapy.
SB440-SSA1,36 16Section 36 . 238.139 of the statutes is created to read:
SB440-SSA1,41,20 17238.139 Financial assistance for underserved communities. The
18corporation shall expend $5,000,000 annually to provide grants, loans, and other
19assistance to underserved communities in this state, including members of minority
20groups, woman-owned businesses, and individuals and businesses in rural areas.
SB440-SSA1,37 21Section 37 . 250.22 of the statutes is created to read:
SB440-SSA1,41,24 22250.22 Health equity grants. (1) From the appropriations under s. 20.435
23(1) (cv) and (r), the department shall award grants to community organizations to
24implement community health worker care models.
SB440-SSA1,42,4
1(2) From the appropriations under s. 20.435 (1) (cv) and (r), the department
2shall award grants to community organizations and local or tribal health
3departments to hire health equity strategists and to implement health equity action
4plans.
SB440-SSA1,38 5Section 38 . 289.33 (3) (d) of the statutes is amended to read:
SB440-SSA1,42,236 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
7authorization, approval, variance or exception or any restriction, condition of
8approval or other restriction, regulation, requirement or prohibition imposed by a
9charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
10a town, city, village, county or special purpose district, including without limitation
11because of enumeration any ordinance, resolution or regulation adopted under s.
1291.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
13(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
14(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
15(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
16(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
17(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1859.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
19(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
20and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
2161.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2287.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
23of ch. 91.
SB440-SSA1,39 24Section 39 . 349.02 (2) (b) 4. of the statutes is amended to read:
SB440-SSA1,43,2
1349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
266.0107 (1) (bm).
SB440-SSA1,40 3Section 40 . 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
4to read:
SB440-SSA1,43,155 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis,
6whether growing or not, with a tetrahydrocannabinols concentration that is greater
7than 0.3 percent on a dry weight basis
; the seeds thereof; the resin extracted from
8any part of the plant; and every compound, manufacture, salt, derivative, mixture,
9or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.
10“Marijuana" does include the mature stalks if mixed with other parts of the plant,
11but does not include fiber produced from the stalks, oil or cake made from the seeds
12of the plant, any other compound, manufacture, salt, derivative, mixture , or
13preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
14cake or the sterilized seed of the plant which is incapable of germination.
15“Marijuana” does not include hemp, as defined in s. 94.55 (1).
SB440-SSA1,41 16Section 41 . 961.11 (4g) of the statutes is repealed.
SB440-SSA1,42 17Section 42 . 961.14 (4) (t) of the statutes is repealed.
SB440-SSA1,43 18Section 43 . 961.32 (2m) of the statutes is repealed.
SB440-SSA1,44 19Section 44 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
20renumbered, is amended to read:
SB440-SSA1,43,21 21961.75 (title) Controlled substances Marijuana therapeutic research.
SB440-SSA1,45 22Section 45 . 961.38 (1n) of the statutes is repealed.
SB440-SSA1,46 23Section 46 . 961.41 (1) (h) of the statutes is repealed.
SB440-SSA1,47 24Section 47 . 961.41 (1m) (h) of the statutes is repealed.
SB440-SSA1,48 25Section 48 . 961.41 (1q) of the statutes is repealed.
SB440-SSA1,49
1Section 49. 961.41 (1r) of the statutes is amended to read:
SB440-SSA1,44,112 961.41 (1r) Determining weight of substance. In determining amounts under
3s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
4of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
5psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
6cannabinoids, or substituted cathinones, or any controlled substance analog of any
7of these substances together with any compound, mixture, diluent, plant material
8or other substance mixed or combined with the controlled substance or controlled
9substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
10(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
11(4) (t) and includes the weight of any marijuana.
SB440-SSA1,50 12Section 50. 961.41 (1x) of the statutes is amended to read:
SB440-SSA1,44,1513 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
14to commit a crime under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g) is subject to the
15applicable penalties under sub. (1) (cm) to (h) or (1m) (cm) to (h) (g).
SB440-SSA1,51 16Section 51 . 961.41 (3g) (c) of the statutes is amended to read:
SB440-SSA1,45,217 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
18possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
19base, the person shall be fined not more than $5,000 and may be imprisoned for not
20more than one year in the county jail upon a first conviction and is guilty of a Class
21I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
22is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
23offense, the offender has at any time been convicted of any felony or misdemeanor
24under this chapter or under any statute of the United States or of any state relating

1to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
2or depressant, stimulant, or hallucinogenic drugs.
SB440-SSA1,52 3Section 52 . 961.41 (3g) (d) of the statutes is amended to read:
SB440-SSA1,45,204 961.41 (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.
SB440-SSA1,53 21Section 53 . 961.41 (3g) (e) of the statutes is repealed.
SB440-SSA1,54 22Section 54 . 961.41 (3g) (em) of the statutes is amended to read:
SB440-SSA1,46,823 961.41 (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.
SB440-SSA1,55 9Section 55 . 961.47 (1) of the statutes is amended to read:
SB440-SSA1,46,2510 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.
SB440-SSA1,56
1Section 56. 961.48 (3) of the statutes is amended to read:
SB440-SSA1,47,72 961.48 (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.
SB440-SSA1,57 8Section 57 . 961.48 (5) of the statutes is amended to read:
SB440-SSA1,47,109 961.48 (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).
SB440-SSA1,58 11Section 58 . 961.49 (1m) (intro.) of the statutes is amended to read:
SB440-SSA1,47,1912 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g)
13or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g)
14or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
15phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
16methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a
17controlled substance analog of any of these substances and the delivery, distribution
18or possession takes place under any of the following circumstances, the maximum
19term of imprisonment prescribed by law for that crime may be increased by 5 years:
SB440-SSA1,59 20Section 59 . 961.571 (1) (a) 7. of the statutes is repealed.
SB440-SSA1,60 21Section 60 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
SB440-SSA1,47,2422 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
23for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
24or hashish oil into the human body, such as:
SB440-SSA1,61 25Section 61 . 961.571 (1) (a) 11. e. of the statutes is repealed.
SB440-SSA1,62
1Section 62. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
SB440-SSA1,63 2Section 63 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
3is created to read:
SB440-SSA1,48,44 Chapter 961
SB440-SSA1,48,55 Subchapter VIII
SB440-SSA1,48,66 regulation of Marijuana
SB440-SSA1,48,7 7961.70 Definitions. In this subchapter:
SB440-SSA1,48,9 8(2) “Legal age" means 21 years of age, except in the case of a qualifying patient,
9as defined in s. 73.17 (1) (d).
SB440-SSA1,48,10 10(5) “Permissible amount" means one of the following:
SB440-SSA1,48,1211 (a) For a person who is a resident of Wisconsin, an amount that does not exceed
122 ounces of usable marijuana.
SB440-SSA1,48,1413 (b) For a person who is not a resident of Wisconsin, an amount that does not
14exceed one-quarter ounce of usable marijuana.
SB440-SSA1,48,15 15(6) “Permittee" has the meaning given under s. 139.97 (10).
SB440-SSA1,48,16 16(8) “Retail outlet" has the meaning given in s. 139.97 (11).
SB440-SSA1,48,21 17(9) “Tetrahydrocannabinols concentration" means the percent of
18delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
19Cannabis, or per volume or weight of marijuana product, or the combined percent of
20delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
21plant Cannabis regardless of moisture content.
SB440-SSA1,48,22 22(11) “Underage person" means a person who has not attained the legal age.
SB440-SSA1,48,23 23(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB440-SSA1,48,25 24961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
25may sell, distribute, or deliver marijuana to any underage person.
SB440-SSA1,49,2
12. No permittee may directly or indirectly permit an underage person to violate
2sub. (2m).
SB440-SSA1,49,53 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
4more than $500 and to a suspension of the permittee's permit for an amount of time
5not to exceed 30 days.
SB440-SSA1,49,116 (c) In determining whether a permittee has violated par. (a) 2., all relevant
7circumstances surrounding the presence of the underage person may be considered.
8In determining whether a permittee has violated par. (a) 1., all relevant
9circumstances surrounding the selling, distributing, or delivering of marijuana may
10be considered. In addition, proof of all of the following facts by the permittee is a
11defense to any prosecution for a violation under par. (a):
SB440-SSA1,49,1312 1. That the underage person falsely represented that he or she had attained the
13legal age.
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