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: 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. AB50-ASA2-AA18,54,623(1) Joint legislative council study on the implementation of the
1marijuana tax and regulation. The joint legislative council shall study the 2implementation of the marijuana tax and regulation provided under subch. IV of 3ch. 139 and identify uses for the revenues generated by the tax. The joint legislative 4council shall report its findings, conclusions, and recommendations to the joint 5committee on finance no later than 2 years after the effective date of this 6subsection.”.
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