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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-AA18,4818Section 48. 961.48 (3) of the statutes is amended to read:
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 offenders 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-AA18,493Section 49. 961.48 (5) of the statutes is amended to read:
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-AA18,5116Section 51. 961.571 (1) (a) 7. of the statutes is repealed.
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-AA18,5321Section 53. 961.571 (1) (a) 11. e. of the statutes is repealed.
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-AA18,46,44SUBCHAPTER VIII
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 persons 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 persons 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 permittees 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 individuals 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-AA18,5618Section 56. 967.055 (1m) (b) 5. of the statutes is repealed.
AB50-ASA2-AA18,5719Section 57. 971.365 (1) (a) of the statutes is amended to read:
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-AA18,58
1Section 58. 971.365 (1) (b) of the statutes is amended to read:
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-AA18,596Section 59. 971.365 (1) (c) of the statutes is amended to read:
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-AA18,6011Section 60. 971.365 (2) of the statutes is amended to read:
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-AA18,6118Section 61. 973.016 of the statutes is created to read:
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:
AB50-ASA2-AA18,52,54a. The person would not have been guilty of a crime had the violation occurred
5on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB50-ASA2-AA18,52,76b. The person would have been guilty of a lesser crime had the violation
7occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB50-ASA2-AA18,52,98(b) 1. A person to whom par. (a) applies shall file a petition with the
9sentencing court to request resentencing, adjustment of probation, or dismissal.
AB50-ASA2-AA18,52,17102. If the court receiving a petition under subd. 1. determines that par. (a)
11applies, the court shall schedule a hearing to consider the petition. At the hearing,
12if the court determines that par. (a) 2. b. applies, the court shall resentence the
13person or adjust the probation and change the record to reflect the lesser crime,
14and, if the court determines that par. (a) 2. a. applies, the court shall dismiss the
15conviction and expunge the record. Before resentencing, adjusting probation, or
16dismissing a conviction under this subdivision, the court shall determine that the
17action does not present an unreasonable risk of danger to public safety.
AB50-ASA2-AA18,52,19183. If the court resentences the person or adjusts probation, the person shall
19receive credit for time or probation served for the relevant offense.
AB50-ASA2-AA18,52,2320(2) Redesignating offense for persons who completed a sentence or
21probation. (a) A person who has completed their sentence or period of probation
22may request under par. (b) expungement of the conviction because the conviction is
23legally invalid or redesignation to a lesser crime if all of the following apply:
AB50-ASA2-AA18,53,2
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-AA18,53,332. One of the following applies:
AB50-ASA2-AA18,53,54a. The person would not have been guilty of a crime had the violation occurred
5on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB50-ASA2-AA18,53,76b. The person would have been guilty of a lesser crime had the violation
7occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB50-ASA2-AA18,53,98(b) 1. A person to whom par. (a) applies shall file a petition with the
9sentencing court to request expungement or redesignation.
AB50-ASA2-AA18,53,17102. If the court receiving a petition under subd. 1. determines that par. (a)
11applies, the court shall schedule a hearing to consider the petition. At the hearing,
12if the court determines that par. (a) 2. b. applies, the court shall redesignate the
13crime to a lesser crime and change the record to reflect the lesser crime, and, if the
14court determines that par. (a) 2. a. applies, the court shall expunge the conviction.
15Before redesignating or expunging under this subdivision, the court shall
16determine that the action does not present an unreasonable risk of danger to public
17safety.
AB50-ASA2-AA18,53,2118(3) Effect of resentencing, dismissal, redesignation, or expungement.
19If the court changes or expunges a record under this section, a conviction that was
20changed or expunged is not considered a conviction for any purpose under state or
21federal law, including for purposes of s. 941.29 or 18 USC 921.
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