AB50-ASA2-AA18,41,2212961.41 (1r) Determining weight of substance. In determining amounts 13under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the 14weight of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, 15lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, 16tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any 17controlled substance analog of any of these substances together with any compound, 18mixture, diluent, plant material or other substance mixed or combined with the 19controlled substance or controlled substance analog. In addition, in determining 20amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols 21means anything included under s. 961.14 (4) (t) and includes the weight of any 22marijuana. AB50-ASA2-AA18,42,3
1961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31, 2to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the 3applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g). AB50-ASA2-AA18,42,145961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to 6possess cocaine or cocaine base, or a controlled substance analog of cocaine or 7cocaine base, the person shall be fined not more than $5,000 and may be imprisoned 8for not more than one year in the county jail upon a first conviction and is guilty of 9a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an 10offense is considered a 2nd or subsequent offense if, prior to the offender’s 11conviction of the offense, the offender has at any time been convicted of any felony or 12misdemeanor under this chapter or under any statute of the United States or of any 13state relating to controlled substances, controlled substance analogs, narcotic 14drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs. AB50-ASA2-AA18,43,916961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person 17possesses or attempts to possess lysergic acid diethylamide, phencyclidine, 18amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, 19N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), 20(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of 21lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-22methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, 23a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L),
1psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned 2for not more than one year in the county jail or both upon a first conviction and is 3guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this 4paragraph, an offense is considered a 2nd or subsequent offense if, prior to the 5offender’s conviction of the offense, the offender has at any time been convicted of 6any felony or misdemeanor under this chapter or under any statute of the United 7States or of any state relating to controlled substances, controlled substance 8analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic 9drugs. AB50-ASA2-AA18,43,2212961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to 13possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled 14substance analog of a controlled substance specified in s. 961.14 (4) (tb), the person 15may be fined not more than $1,000 or imprisoned for not more than 6 months or 16both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent 17offense. For purposes of this paragraph, an offense is considered a 2nd or 18subsequent offense if, prior to the offender’s conviction of the offense, the offender 19has at any time been convicted of any felony or misdemeanor under this chapter or 20under any statute of the United States or of any state relating to controlled 21substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, 22stimulant, or hallucinogenic drugs. AB50-ASA2-AA18,44,17
1961.47 (1) Whenever any person who has not previously been convicted of any 2offense under this chapter, or of any offense under any statute of the United States 3or of any state or of any county ordinance relating to controlled substances or 4controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant, 5or hallucinogenic drugs, pleads guilty to or is found guilty of possession or 6attempted possession of a controlled substance or controlled substance analog 7under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with 8the consent of the accused, may defer further proceedings and place him or her on 9probation upon terms and conditions. Upon violation of a term or condition, the 10court may enter an adjudication of guilt and proceed as otherwise provided. Upon 11fulfillment of the terms and conditions, the court shall discharge the person and 12dismiss the proceedings against him or her. Discharge and dismissal under this 13section shall be without adjudication of guilt and is not a conviction for purposes of 14disqualifications or disabilities imposed by law upon conviction of a crime, including 15the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. 16There may be only one discharge and dismissal under this section with respect to 17any person. AB50-ASA2-AA18,45,219961.48 (3) For purposes of this section, a felony offense under this chapter is 20considered a 2nd or subsequent offense if, prior to the offender’s conviction of the 21offense, the offender has at any time been convicted of any felony or misdemeanor 22offense under this chapter or under any statute of the United States or of any state
1relating to controlled substances or controlled substance analogs, narcotic drugs, 2marijuana or depressant, stimulant, or hallucinogenic drugs. AB50-ASA2-AA18,45,54961.48 (5) This section does not apply if the person is presently charged with 5a felony under s. 961.41 (3g) (c), (d), (e), or (g). AB50-ASA2-AA18,506Section 50. 961.49 (1m) (intro.) of the statutes is amended to read: AB50-ASA2-AA18,45,157961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), 8or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), 9(e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, 10cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid 11diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or 12methcathinone or any form of tetrahydrocannabinols or a controlled substance 13analog of any of these substances and the delivery, distribution or possession takes 14place under any of the following circumstances, the maximum term of 15imprisonment prescribed by law for that crime may be increased by 5 years: AB50-ASA2-AA18,5217Section 52. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read: AB50-ASA2-AA18,45,2018961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily 19intended for use in ingesting, inhaling, or otherwise introducing marijuana, 20cocaine, hashish or hashish oil into the human body, such as: AB50-ASA2-AA18,5422Section 54. 961.571 (1) (a) 11. k. and L. of the statutes are repealed. AB50-ASA2-AA18,55
1Section 55. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes 2is created to read: AB50-ASA2-AA18,46,55REGULATION OF MARIJUANA AB50-ASA2-AA18,46,66961.70 Definitions. In this subchapter: AB50-ASA2-AA18,46,77(1) “Extreme measure to avoid detection” means any of the following: AB50-ASA2-AA18,46,108(a) A system that aims to alert a person if law enforcement approaches an 9area that contains marijuana plants if the system exceeds a security system that 10would be used by a reasonable person in the person’s region. AB50-ASA2-AA18,46,1311(b) A method of intimidating individuals who approach an area that contains 12marijuana plants if the method exceeds a method that would be used by a 13reasonable person in the person’s region. AB50-ASA2-AA18,46,1514(c) A system that is designed so that an individual approaching an area that 15contains marijuana plants may be injured or killed by the system. AB50-ASA2-AA18,46,1716(1m) “Legal age” means 21 years of age, except that in the case of a qualifying 17patient, as defined in s. 73.17 (1) (d), “legal age” means 18 years of age. AB50-ASA2-AA18,46,1818(3) “Permissible amount” means one of the following: AB50-ASA2-AA18,46,2019(a) For a person who is a resident of this state, an amount that does not exceed 202 ounces of usable marijuana. AB50-ASA2-AA18,46,2221(b) For a person who is not a resident of this state, an amount that does not 22exceed one-quarter ounce of usable marijuana. AB50-ASA2-AA18,46,2323(4) “Permittee” has the meaning given under s. 139.97 (10). AB50-ASA2-AA18,47,1
1(5) “Retail outlet” has the meaning given in s. 139.97 (11). AB50-ASA2-AA18,47,22(5m) “Tetrahydrocannabinol” means any of the following: AB50-ASA2-AA18,47,33(a) Tetrahydrocannabinolic acid. AB50-ASA2-AA18,47,54(b) Any tetrahydrocannabinol including delta-8-tetrahydrocannabinol, delta-59-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, however derived. AB50-ASA2-AA18,47,106(6) “Tetrahydrocannabinols concentration” means the percentage of 7tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or 8per volume or weight of marijuana product, or the combined percentage of 9tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant 10Cannabis regardless of moisture content. AB50-ASA2-AA18,47,1111(7) “Underage person” means a person who has not attained the legal age. AB50-ASA2-AA18,47,1212(8) “Usable marijuana” has the meaning given in s. 139.97 (13). AB50-ASA2-AA18,47,1413961.71 Underage persons prohibitions; penalties. (1) (a) 1. No 14permittee may sell, distribute, or deliver marijuana to any underage person. AB50-ASA2-AA18,47,16152. No permittee may directly or indirectly permit an underage person to 16violate sub. (2m). AB50-ASA2-AA18,47,1917(b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of 18not more than $500 and to a suspension of the permittee’s permit for an amount of 19time not to exceed 30 days. AB50-ASA2-AA18,48,220(c) In determining whether a permittee has violated par. (a) 2., all relevant 21circumstances surrounding the presence of the underage person may be considered. 22In determining whether a permittee has violated par. (a) 1., all relevant 23circumstances surrounding the selling, distributing, or delivering of marijuana may
1be considered. In addition, proof of all of the following facts by the permittee is a 2defense to any prosecution for a violation under par. (a): AB50-ASA2-AA18,48,431. That the underage person falsely represented that they had attained the 4legal age. AB50-ASA2-AA18,48,652. That the appearance of the underage person was such that an ordinary and 6prudent person would believe that the underage person had attained the legal age. AB50-ASA2-AA18,48,973. That the action was made in good faith and in reliance on the 8representation and appearance of the underage person in the belief that the 9underage person had attained the legal age. AB50-ASA2-AA18,48,11104. That the underage person supported the representation under subd. 1. with 11documentation that they had attained the legal age. AB50-ASA2-AA18,48,1312(2) Any underage person who does any of the following is subject to a 13forfeiture of not less than $250 nor more than $500: AB50-ASA2-AA18,48,1414(a) Procures or attempts to procure marijuana from a permittee. AB50-ASA2-AA18,48,1615(b) Falsely represents their age for the purpose of receiving marijuana from a 16permittee. AB50-ASA2-AA18,48,1717(c) Knowingly possesses or consumes marijuana. AB50-ASA2-AA18,48,1818(d) Violates sub. (2m). AB50-ASA2-AA18,48,2119(2m) An underage person not accompanied by their parent, guardian, or 20spouse who has attained the legal age may not enter, knowingly attempt to enter, or 21be on the premises of a retail outlet. AB50-ASA2-AA18,48,2322(3) An individual who has attained the legal age and who knowingly does any 23of the following may be subject to a forfeiture that does not exceed $1,000: AB50-ASA2-AA18,49,2
1(a) Permits or fails to take action to prevent a violation of sub. (2) (c) on 2premises owned by the individual or under the individual’s control. AB50-ASA2-AA18,49,33(b) Encourages or contributes to a violation of sub. (2) (a). AB50-ASA2-AA18,49,74961.72 Restrictions; penalties. (1) No person except a permittee may sell, 5or possess with the intent to sell, marijuana. No person may distribute or deliver, or 6possess with the intent to distribute or deliver, marijuana except a permittee. Any 7person who violates a prohibition under this subsection is guilty of the following: AB50-ASA2-AA18,49,88(a) Except as provided in par. (b), a Class I felony. AB50-ASA2-AA18,49,139(b) If the individual to whom the marijuana is, or is intended to be, sold, 10distributed, or delivered has not attained the legal age and the actual or intended 11seller, distributor, or deliverer is at least 3 years older than the individual to whom 12the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H 13felony. AB50-ASA2-AA18,49,1614(2) (a) A person who is not a permittee who possesses an amount of marijuana 15that exceeds the permissible amount by not more than one ounce is subject to a civil 16forfeiture not to exceed $1,000. AB50-ASA2-AA18,49,1817(b) A person who is not a permittee who possesses an amount of marijuana 18that exceeds the permissible amount by more than one ounce is one of the following: AB50-ASA2-AA18,49,20191. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or 20imprisonment not to exceed 90 days, or both. AB50-ASA2-AA18,49,23212. Guilty of a Class I felony if the person has taken action to hide how much 22marijuana the person possesses and has in place an extreme measure to avoid 23detection. AB50-ASA2-AA18,50,3
1(c) A person who is not a permittee who possesses more than 6 marijuana 2plants that have reached the flowering stage at one time must apply for a permit 3under s. 139.972 and is one of the following: AB50-ASA2-AA18,50,541. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not 5more than twice the permitting fee under s. 139.972. AB50-ASA2-AA18,50,862. Except as provided in subd. 3., subject to a fine not to exceed $1,000 or 7imprisonment not to exceed 90 days, or both, if the number of marijuana plants that 8have reached the flowering stage is more than 12. AB50-ASA2-AA18,50,1293. Guilty of a Class I felony if the number of marijuana plants that have 10reached the flowering stage is more than 12, if the individual has taken action to 11hide the number of marijuana plants that have reached the flowering stage and if 12the person has in place an extreme measure to avoid detection. AB50-ASA2-AA18,50,1413(d) Whoever uses or displays marijuana in a public space is subject to a civil 14forfeiture of not more than $100. AB50-ASA2-AA18,50,1715(3) Any person who sells or attempts to sell marijuana via mail, telephone, or 16Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 17months, or both. AB50-ASA2-AA18,50,2320971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) 21(cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations 22may be prosecuted as a single crime if the violations were pursuant to a single 23intent and design. AB50-ASA2-AA18,51,52971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 3(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all 4violations may be prosecuted as a single crime if the violations were pursuant to a 5single intent and design. AB50-ASA2-AA18,51,107971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 8(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than 9one violation, all violations may be prosecuted as a single crime if the violations 10were pursuant to a single intent and design. AB50-ASA2-AA18,51,1712971.365 (2) An acquittal or conviction under sub. (1) does not bar a 13subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 14961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 151999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), 16(e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received 17at the trial on the original charge. AB50-ASA2-AA18,51,2219973.016 Special disposition for marijuana-related crimes. (1) 20Resentencing persons serving a sentence or probation. (a) A person serving 21a sentence or on probation may request resentencing or dismissal as provided under 22par. (b) if all of the following apply: AB50-ASA2-AA18,52,2
11. The sentence or probation period was imposed for a violation of s. 961.41 (1) 2(h), 2023 stats., s. 961.41 (1m) (h), 2023 stats., or s. 961.41 (3g) (e), 2023 stats. AB50-ASA2-AA18,52,332. One of the following applies:
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