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LRB-3747/1
CMH:cdc
2019 - 2020 LEGISLATURE
November 22, 2019 - Introduced by Senators Risser, Larson, L. Taylor and
Miller, cosponsored by Representatives Stubbs, Crowley, Considine,
Vruwink, Brostoff, Gruszynski, Ohnstad, Shankland, Billings, Sinicki,
Spreitzer, Zamarripa, Kolste, Hesselbein, Subeck, Anderson, Pope and
Emerson. Referred to Committee on Judiciary and Public Safety.
SB577,1,5 1An Act to renumber 961.41 (1q); to renumber and amend 961.41 (1) (h) 1.;
2to amend 59.54 (25) (a) (intro.), 66.0107 (1) (bm), 961.41 (1m) (h) 1., 961.41 (1r),
3961.41 (3g) (e) and 961.46; to repeal and recreate 961.41 (1q) (title); and to
4create
961.41 (1) (h) 1g., 961.41 (1q) (b) and (c) and 973.016 of the statutes;
5relating to: decriminalizing 28 grams or less of marijuana.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing or attempting to possess;
possessing with the intent to manufacture, distribute, or deliver; and
manufacturing, distributing, or delivering marijuana. The penalties vary based on
the amount of marijuana or plants involved or the number of previous
controlled-substance convictions the person has. Current law also allows local
governments to enact ordinances prohibiting the possession of marijuana.
This bill eliminates 1) the penalty for possession of marijuana if the amount of
marijuana involved is no more than 28 grams; 2) the penalty for manufacturing or
for possessing with the intent to manufacture, distribute, or deliver if the amount of
marijuana involved is no more than 28 grams or the number of plants involved is no
more than two; and 3) the penalty for distributing or delivering marijuana if the
amount of marijuana involved is no more than 28 grams or the number of plants
involved is no more than two. The bill retains the current law penalty for distributing
or delivering any amount of marijuana to a minor who is no more than 17 years of
age by a person who is at least three years older than the minor. The bill limits local

governments to enacting ordinances prohibiting only the possession of more than 28
grams of marijuana.
The bill also prohibits establishing probable cause that a person is violating the
prohibition against possessing more than 28 grams of marijuana by an odor of
marijuana or by the possession of not more than 28 grams of marijuana. Current law
requires that, when determining the weight of controlled substances, the weight
includes the weight of the controlled substance together with any compound,
mixture, or other substance mixed or combined with the controlled substance. Under
the bill, when determining the amount of tetrahydrocannabinols, only the weight of
the marijuana may be considered. Finally, the bill creates a process for expunging
or dismissing convictions involving less than 28 grams of marijuana that occurred
before this bill takes effect.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB577,1 1Section 1. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB577,2,102 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
3the possession of more than 28 grams of marijuana, as defined in s. 961.01 (14),
4subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a
5violation of the ordinance; except that if a complaint is issued regarding an allegation
6of
alleging possession of more than 25 28 grams of marijuana, or possession of any
7amount
of marijuana following a conviction in this state for possession of more than
828 grams of
marijuana, the subject of the complaint may not be prosecuted under this
9subsection for the same action that is the subject of the complaint unless all of the
10following occur:
SB577,2 11Section 2. 66.0107 (1) (bm) of the statutes is amended to read:
SB577,3,612 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
13more than 28 grams of marijuana, as defined in s. 961.01 (14), subject to the
14exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the

1ordinance; except that if a complaint is issued regarding an allegation of alleging
2possession of more than 25 28 grams of marijuana, or possession of any amount of
3marijuana following a conviction in this state for possession of more than 28 grams
4of
marijuana, the subject of the complaint may not be prosecuted under this
5paragraph for the same action that is the subject of the complaint unless the charges
6are dismissed or the district attorney declines to prosecute the case.
SB577,3 7Section 3. 961.41 (1) (h) 1. of the statutes is renumbered 961.41 (1) (h) 1r. and
8amended to read:
SB577,3,119 961.41 (1) (h) 1r. Two hundred More than 28 grams but not more than 200
10grams or less, or more than 2 but not more than 4 or fewer plants containing
11tetrahydrocannabinols, the person is guilty of a Class I felony.
SB577,4 12Section 4. 961.41 (1) (h) 1g. of the statutes is created to read:
SB577,3,1613 961.41 (1) (h) 1g. Twenty-eight grams or less, or 2 or fewer plants containing
14tetrahydrocannabinols, the person is guilty of a Class I felony if the person is at least
1517 years of age and distributes or delivers to a person who is no more than 17 years
16of age and who is at least 3 years younger than the person distributing or delivering.
SB577,5 17Section 5. 961.41 (1m) (h) 1. of the statutes is amended to read:
SB577,3,2018 961.41 (1m) (h) 1. Two hundred More than 28 grams but not more than 200
19grams or less, or more than 2 but not more than 4 or fewer plants containing
20tetrahydrocannabinols, the person is guilty of a Class I felony.
SB577,6 21Section 6. 961.41 (1q) (title) of the statutes is repealed and recreated to read:
SB577,3,2222 961.41 (1q) (title) Tetrahydrocannabinols penalty and probable cause.
SB577,7 23Section 7. 961.41 (1q) of the statutes is renumbered 961.41 (1q) (a).
SB577,8 24Section 8. 961.41 (1q) (b) and (c) of the statutes are created to read:
SB577,4,2
1961.41 (1q) (b) The following are not sufficient to establish probable cause that
2a violation of sub. (1) (h) has occurred:
SB577,4,33 1. Odor of marijuana.
SB577,4,44 2. The possession of not more than 28 grams of marijuana.
SB577,4,75 (c) No individual on parole, probation, extended supervision, supervised
6release, or any other release may have the release revoked for possessing not more
7than 28 grams of marijuana.
SB577,9 8Section 9. 961.41 (1r) of the statutes is amended to read:
SB577,4,189 961.41 (1r) Determining weight of substance. In determining amounts under
10s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
11of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
12psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
13cannabinoids, or substituted cathinones, or any controlled substance analog of any
14of these substances together with any compound, mixture, diluent, plant material
15or other substance mixed or combined with the controlled substance or controlled
16substance analog. In addition, in determining amounts under subs. (1) (h) and, (1m)
17(h), and (3g) (e), the amount of tetrahydrocannabinols means anything included
18under s. 961.14 (4) (t) and includes
means the weight of any only marijuana.
SB577,10 19Section 10. 961.41 (3g) (e) of the statutes is amended to read:
SB577,5,520 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to
21possess more than 28 grams of tetrahydrocannabinols included under s. 961.14 (4)
22(t), or a controlled substance analog of tetrahydrocannabinols, the person may be
23fined not more than $1,000 or imprisoned for not more than 6 months or both upon
24a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
25purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,

1prior to the offender's conviction of the offense, the offender has at any time been
2convicted of any felony or misdemeanor under this chapter or under any statute of
3the United States or of any state relating to controlled substances, controlled
4substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
5hallucinogenic drugs.
SB577,11 6Section 11. 961.46 of the statutes is amended to read:
SB577,5,12 7961.46 Distribution to persons under age 18. If a person 17 years of age
8or over violates s. 961.41 (1), except s. 961.41 (1) (h) 1g., by distributing or delivering
9a controlled substance or a controlled substance analog to a person 17 years of age
10or under who is at least 3 years his or her junior, the applicable maximum term of
11imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
12more than 5 years.
SB577,12 13Section 12 . 973.016 of the statutes is created to read:
SB577,5,17 14973.016 Special disposition for marijuana-related crimes. (1)
15Dismissal of conviction for persons serving a sentence or probation. (a) A person
16serving a sentence or on probation may request dismissal as provided under par. (b)
17if one of the following applies:
SB577,5,2118 1. The sentence or probation period was imposed for a conviction under s.
19961.41 (1) (h), 2017 stats., or s. 961.41 (1m) (h), 2017 stats., and the person proves
20to the court by a preponderance of the evidence that the amount of marijuana
21involved was 28 grams or less, or 2 or fewer plants.
SB577,5,2422 2. The sentence or probation period was imposed for a conviction under s.
23961.41 (3g) (e), 2017 stats., and the person proves to the court by a preponderance
24of the evidence that the amount of marijuana involved was 28 grams or less.
SB577,6,7
1(b) A person to whom par. (a) applies shall file a petition with the sentencing
2court to request dismissal of the conviction. If the court receiving a petition under
3this paragraph determines that par. (a) applies, the court may grant the petition
4without a hearing or may schedule a hearing to consider the petition. If a hearing
5is scheduled, unless the person cannot prove the amount of marijuana involved was
628 grams or less or the court determines that the dismissal of the conviction presents
7an unreasonable risk of danger to public safety, the court shall grant the petition.
SB577,6,11 8(2) Expunging an offense for persons who completed a sentence or
9probation.
(a) A person who has completed his or her sentence or period of probation
10may request under par. (b) expungement of the conviction if one of the following
11applies:
SB577,6,1512 1. The sentence or probation period was imposed for a conviction under s.
13961.41 (1) (h), 2017 stats., or s. 961.41 (1m) (h), 2017 stats., and the person proves
14to the court by a preponderance of the evidence that the amount of marijuana
15involved was 28 grams or less, or 2 or fewer plants.
SB577,6,1816 2. The sentence or probation period was imposed for a conviction under s.
17961.41 (3g) (e), 2017 stats., and the person proves to the court by a preponderance
18of the evidence that the amount of marijuana involved was 28 grams or less.
SB577,7,219 (b) A person to whom par. (a) applies shall file a petition with the sentencing
20court to request expungement of the conviction. If the court receiving a petition
21under this paragraph determines that par. (a) applies, the court may grant the
22petition without a hearing or may schedule a hearing to consider the petition. If a
23hearing is scheduled, unless the person cannot prove the amount of marijuana
24involved was 28 grams or less or the court determines that expungement of the

1conviction presents an unreasonable risk of danger to public safety, the court shall
2grant the petition.
SB577,7,53 (3) Crimes dismissed or expunged under this section. A conviction that has
4been expunged or dismissed under this section is not considered a conviction for any
5purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.
SB577,7,66 (End)
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