Amendment ASA4-AB393

AB393-ASA4,43,21 (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.

AB393-ASA4,44,2 139.979 Personal use. A qualifying patient 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, including a qualifying patient, 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.

AB393-ASA4,44,7 139.980 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.

AB393-ASA4,36 Section 36 . 157.06 (11) (hm) of the statutes is created to read:

AB393-ASA4,44,13 157.06 (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, if the potential recipient is a qualifying patient, as defined under s. 73.17 (1) (d).

AB393-ASA4,37 Section 37 . 157.06 (11) (i) of the statutes is amended to read:

AB393-ASA4,44,16 157.06 (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.

AB393-ASA4,38 Section 38. 175.35 (2g) (b) 3. of the statutes is created to read:

AB393-ASA4,44,20 175.35 (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.

AB393-ASA4,39 Section 39. 175.35 (2g) (c) 4. a. of the statutes is amended to read:

AB393-ASA4,45,3 175.35 (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).

AB393-ASA4,40 Section 40 . 238.139 of the statutes is created to read:

AB393-ASA4,45,8 238.139 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.

AB393-ASA4,41 Section 41 . 250.22 of the statutes is created to read:

AB393-ASA4,45,12 250.22 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.

AB393-ASA4,45,15 (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.

AB393-ASA4,42 Section 42 . 289.33 (3) (d) of the statutes is amended to read:

AB393-ASA4,46,9 289.33 (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.

AB393-ASA4,43 Section 43 . 349.02 (2) (b) 4. of the statutes is amended to read:

AB393-ASA4,46,12 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

AB393-ASA4,44 Section 44 . 961.571 (1) (a) 7. of the statutes is repealed.

AB393-ASA4,45 Section 45 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

AB393-ASA4,46,17 961.571 (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:

AB393-ASA4,46 Section 46 . 961.571 (1) (a) 11. e. of the statutes is repealed.

AB393-ASA4,47 Section 47 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

AB393-ASA4,48 Section 48 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

AB393-ASA4,46,22 Chapter 961

AB393-ASA4,46,23 Subchapter VIII

AB393-ASA4,46,24 regulation of MEDICAL Marijuana

AB393-ASA4,46,25 961.70 Definitions. In this subchapter:

AB393-ASA4,47,1 (1m) “Legal age” means 21 years of age.

AB393-ASA4,47,2 (4) “Permittee" has the meaning given under s. 139.97 (10).

AB393-ASA4,47,3 (4g) “Qualifying patient” has the meaning given in s. 73.17 (1) (d).

AB393-ASA4,47,4 (5) “Retail outlet" has the meaning given in s. 139.97 (11).

AB393-ASA4,47,5 (7) “Underage person” means an individual who has not attained the legal age.

AB393-ASA4,47,8 961.705 Medical marijuana. (1) Possession by qualifying patients. Notwithstanding s. 961.41 (1) (h), (1m) (h), and (3g) (e), a qualifying patient may possess marijuana if all of the following apply:

AB393-ASA4,47,9 (a) The possession of the marijuana is for the use of the qualifying patient.

AB393-ASA4,47,11 (c) The amount of marijuana does not exceed the amount allowed under ss. 139.973 (4) and 139.979.

AB393-ASA4,47,16 (2) Permittees; authorized acts. Notwithstanding s. 961.41 (1) (h), (1m) (h), and (3g) (e), a permittee or an agent or employee of a permittee may possess, manufacture, distribute, or deliver medical marijuana or possess with the intent to manufacture, distribute, or deliver medical marijuana if the permittee, agent, or employee is acting in the usual course of his or her business or employment.

AB393-ASA4,47,18 (3) Prosecution. (a) A qualifying patient may not be prosecuted for a criminal offense under this chapter for any action taken in accordance with chs. 73 and 139.

AB393-ASA4,47,21 (b) A permittee or an agent or employee of a permittee may not be prosecuted for a criminal offense under this chapter for any action taken in accordance with chs. 73 and 139.

AB393-ASA4,47,24 961.71 Prohibitions involving permittees; penalties. (1) (a) 1. Notwithstanding s. 961.705, no permittee may sell, distribute, or deliver marijuana to any person unless that person is a permittee or a qualifying patient.

AB393-ASA4,48,2 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

AB393-ASA4,48,5 (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.

AB393-ASA4,48,11 (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) 2.:

AB393-ASA4,48,13 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.

AB393-ASA4,48,17 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.

AB393-ASA4,48,20 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.

AB393-ASA4,48,23 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.

AB393-ASA4,48,25 (2) Any underage person who does any of the following is subject to a forfeiture of not more than $250:

AB393-ASA4,49,4 (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.

AB393-ASA4,49,6 (b) Falsely represents his or her age for the purpose of procuring marijuana from a permittee.

AB393-ASA4,49,8 (c) Falsely represents that he or she is a qualifying patient for the purpose of procuring marijuana from a permittee.

AB393-ASA4,49,9 (d) Violates sub. (2m).

AB393-ASA4,49,14 (2m) A qualifying patient who is an underage person and who is 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. An underage person who is not a qualifying patient may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

AB393-ASA4,49,16 (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:

AB393-ASA4,49,18 (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.

AB393-ASA4,49,19 (b) Encourages or contributes to a violation of sub. (2) (a).

AB393-ASA4,49,22 (4) 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.

AB393-ASA4,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB393-ASA4,49,24 (1) Special disposition for marijuana-related crimes.

AB393-ASA4,50,2 (a) Definitions. In this subsection, “marijuana-related crime” means a crime under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573, 961.574, or 961.575.

AB393-ASA4,50,5 (b) Identification of records. As soon as practically possible after the effective date of this paragraph, the director of state courts shall identify records created before the effective date of this paragraph of the following:

AB393-ASA4,50,8 1. Persons serving a sentence or on probation if the sentence or probation was imposed for the commission of a marijuana-related crime and one of the following applies:

AB393-ASA4,50,10 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 1 . a.

AB393-ASA4,50,12 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 1 . b.

AB393-ASA4,50,15 2. Persons who have completed their sentence or period of probation if the sentence or period of probation was imposed for the commission of a marijuana-related crime and one of the following applies:

AB393-ASA4,50,17 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 2 . a.

AB393-ASA4,50,19 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 2 . b.

AB393-ASA4,50,21 3. Persons who were charged with the commission of a marijuana-related crime if one of the following applies:

AB393-ASA4,50,23 a. The person would not have been charged with the crime had the commission occurred on or after the effective date of this subd. 3 . a.

AB393-ASA4,50,25 b. The person would have been charged with a lesser crime had the commission occurred on or after the effective date of this subd. 3 . b.

AB393-ASA4,51,1 c. The person was found not guilty of the charge.

AB393-ASA4,51,3 4. Persons who were arrested for the commission of a marijuana-related crime if one of the following applies:

AB393-ASA4,51,5 a. The person would not have been arrested had the commission occurred on or after the effective date of this subd. 4 . a.

AB393-ASA4,51,6 b. The person was not charged with the crime.

AB393-ASA4,51,7 (c) Expungement or redesignations.

AB393-ASA4,51,12 1. a. If the record involves a marijuana-related crime that is a misdemeanor and the person is serving a sentence or on probation, the sentencing court shall be notified. If par. (b) 1. a . applies, the sentencing court shall dismiss the conviction and expunge the record. If par. (b ) 1. b . applies, the sentencing court shall resentence the person or adjust the probation and change the record to reflect the lesser crime.

AB393-ASA4,51,18 b. If the record involves a marijuana-related crime that is a misdemeanor and the person has completed the sentence or period of probation for the marijuana-related crime, the sentencing court shall be notified. If par. (b) 2. a . applies, the sentencing court shall expunge the record. If par. (b) 2 . b. applies, the sentencing court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime.

AB393-ASA4,52,3 2. a. If the record involves a marijuana-related crime that is a felony and the person is serving a sentence or on probation, the sentencing court shall be notified. The sentencing court shall schedule a hearing. If par. (b) 1 . a. applies, the sentencing court shall determine if it is in the public interest to dismiss the conviction and expunge the record. If par. (b ) 1. b . applies, the sentencing court shall determine if it is in the public interest to resentence the person or adjust the probation and change the record to reflect the lesser crime. Such actions are presumed to be in the public interest unless there is clear and convincing evidence that the actions would create a risk to public safety. If the sentencing court determines it is in the public interest to take such actions, the sentencing court shall do so.

AB393-ASA4,52,13 b. If the record involves a marijuana-related crime that is a felony and the person has completed the sentence or period of probation, the sentencing court shall be notified. The sentencing court shall schedule a hearing. If par. (b) 2 . a. applies, the sentencing court shall determine if it is in the public interest to expunge the record. If par. (b) 2. b . applies, the sentencing court shall determine if it is in the public interest to redesignate the crime to a lesser crime and change the record to reflect the lesser crime. Such actions are presumed to be in the public interest unless there is clear and convincing evidence that the actions would create a risk to public safety. If the sentencing court determines it is in the public interest to take such actions, the sentencing court shall do so.

AB393-ASA4,52,22 c. In making determinations under subd. 2. a. and b ., the court shall consider the nature and severity of the marijuana-related crime, including whether the commission of the marijuana-related crime involved a weapon or infliction of or intent to inflict bodily harm; the potential that the dismissal, expungement, or redesignation would increase the risk to other individuals or the public; any aggravating or mitigating circumstances, including the person's level or participation and the context and circumstances of the marijuana-related crime; statements from victims and law enforcement; and any other factors the court finds relevant.

AB393-ASA4,53,5 d. If the record involves a marijuana-related crime that is a felony, the felony is expunged or redesignated to a misdemeanor or civil forfeiture under this subdivision, and the person is not otherwise prohibited from possessing a firearm under s. 941.29 or federal law, the sentencing court shall determine if there is good cause to restore the person's right to possess a firearm. If the sentencing court finds good cause, the sentencing court shall notify the department of justice, and the conviction that is redesignated or expunged is not a conviction for purposes of s. 941.29 or 18 USC 921.

AB393-ASA4,53,8 3. If the record involves an arrest for or charge of a marijuana-related crime and par. (b) 3. or 4 . applies, the director of state courts shall expunge such arrests or charges.

AB393-ASA4,9128 Section 9128. Nonstatutory provisions; Legislature.

AB393-ASA4,53,15 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.

AB393-ASA4,53,16 (End)