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AB812,4,21 2066.0108 Discretion in processing certain marijuana violations. (1) In
21this section, “law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB812,5,6 22(2) In processing a person for possession or attempted possession of not more
23than 14 grams of marijuana, as defined in s. 961.01 (14), in violation of s. 961.41 (3g)
24(e) 1., for violation of an ordinance prohibiting the possession of marijuana under s.
2559.54 (25) or 66.0107 (1) (bm), or for a violation under s. 961.573 (1m) or 961.574 (1m),

1a law enforcement officer may exercise discretion regarding what, if any, standard
2procedures to complete, including determining whether or not to take the person to
3jail, complete fingerprinting, or have a formal police photograph taken.
4Notwithstanding the use of discretion otherwise permitted under this section, a law
5enforcement officer shall obtain sufficient personal information for identification,
6including at least the person's name and current address.
AB812,4 7Section 4 . 103.157 of the statutes is created to read:
AB812,5,9 8103.157 Employer nonliability for not testing for marijuana or
9synthetic cannabinoids; exceptions. (1)
Definitions. In this section:
AB812,5,1010 (a) “Controlled substance analog" has the meaning given in s. 961.01 (4m).
AB812,5,1611 (b) “Employer" means any person engaging in any activity, enterprise, or
12business employing at least one individual. “Employer" includes the state, its
13political subdivisions, and any office, department, independent agency, authority,
14institution, association, society, or other body in state or local government created or
15authorized to be created by the constitution or any law, including the legislature and
16the courts.
AB812,5,1717 (c) “Synthetic cannabinoid" means a substance included under s. 961.14 (4) (tb).
AB812,5,1818 (d) “Tetrahydrocannabinol" means a substance included under s. 961.14 (4) (t).
AB812,5,23 19(2) Employer liability. Except as provided in sub. (3), no employer may be held
20liable for not requiring an employee or prospective employee to submit to testing for
21the presence of any tetrahydrocannabinol, synthetic cannabinoid, or controlled
22substance analog of a tetrahydrocannabinol or synthetic cannabinoid in his or her
23system as a condition of employment.
AB812,6,3 24(3) Exceptions. Subsection (2) does not apply to an employer who fails to test
25for the presence of any tetrahydrocannabinol, synthetic cannabinoid, or controlled

1substance analog of a tetrahydrocannabinol or synthetic cannabinoid in the system
2of an employee or prospective employee if the employee or prospective employee is
3required to subject to drug testing under any of the following:
AB812,6,84 (a) Any regulation promulgated by the federal department of transportation
5that requires testing of an employee or prospective employee in accordance with 49
6CFR 40
or any rule promulgated by the department of transportation of this state
7adopting such a regulation for purposes of enforcing the requirements of that
8regulation with respect to intrastate commerce.
AB812,6,129 (b) Any contract entered into between the federal government and an employer
10or any grant of financial assistance from the federal government to an employer that
11requires drug testing of employees and prospective employees as a condition of
12receiving the contract or grant.
AB812,6,1513 (c) Any federal statute, regulation, order, or other requirement or condition
14that requires drug testing of employees and prospective employees for purposes of
15safety or security.
AB812,6,1816 (d) A substance abuse prevention program under s. 103.503 or under a
17collective bargaining agreement between an employer and a labor organization
18representing employees and prospective employees of the employer.
AB812,6,2119 (e) Rules promulgated by the law enforcement standards board requiring drug
20testing of prospective law enforcement officers, tribal law enforcement officers, jail
21officers, and secure detention officers.
AB812,6,2422 (f) Any employer requirement that an employee be a licensed private security
23person under s. 440.26 and that the employee carry a firearm in the course of his or
24her employment.
AB812,5 25Section 5. 778.25 (1) (a) 2m. of the statutes is created to read:
AB812,7,2
1778.25 (1) (a) 2m. Under s. 961.41 (3g) (e) 1., 961.573 (1m), or 961.574 (1m) or
2a local ordinance under s. 59.54 (25) (a) or 66.0107 (1) (bm).
AB812,6 3Section 6 . 961.41 (3g) (c) of the statutes is amended to read:
AB812,7,154 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
5possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
6base, the person shall be fined not more than $5,000 and may be imprisoned for not
7more than one year in the county jail upon a first conviction and is guilty of a Class
8I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
9is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted of any felony or misdemeanor
11under this chapter, except for a misdemeanor under par. (e) 2., or under any statute
12of the United States or of any state relating to controlled substances, controlled
13substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
14hallucinogenic drugs, except that, if the statute relates to marijuana possession, only
15felonies or misdemeanors involving more than 28 grams may be counted
.
AB812,7 16Section 7 . 961.41 (3g) (d) of the statutes is amended to read:
AB812,8,1017 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
18possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
19amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
20N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
21(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
22lysergic acid diethylamide, phencyclidine, amphetamine,
233,4-methylenedioxymethamphetamine, methcathinone, cathinone,
24N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
25(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than

1$5,000 or imprisoned for not more than one year in the county jail or both upon a first
2conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
3purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
4prior to the offender's conviction of the offense, the offender has at any time been
5convicted of any felony or misdemeanor under this chapter, except for a misdemeanor
6under par. (e) 2.,
or under any statute of the United States or of any state relating
7to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
8or depressant, stimulant, or hallucinogenic drugs, except that, if the statute relates
9to marijuana possession, only felonies or misdemeanors involving more than 28
10grams may be counted
.
AB812,8 11Section 8. 961.41 (3g) (e) of the statutes is renumbered 961.41 (3g) (e) 1. and
12amended to read:
AB812,8,1613 961.41 (3g) (e) 1. If a person possesses or attempts to possess not more than
1414 grams of
tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
15substance analog of tetrahydrocannabinols, the person may be subject to a forfeiture
16of not more than $100.
AB812,8,20 172. If a person possesses or attempts to possess more than 14 grams but not more
18than 28 grams of tetrahydrocannabinols included under s. 961.14 (4) (t), or a
19controlled substance analog of tetrahydrocannabinols, the person may be
fined not
20more than $1,000 or imprisoned for not more than 6 months or both .
AB812,9,3 213. If a person possesses or attempts to possess more than 28 grams of
22tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance
23analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or
24imprisoned for not more than 6 months or both
upon a first conviction and is guilty
25of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph

1subdivision, an offense is considered a 2nd or subsequent offense if, prior to the
2offender's conviction of the offense, the offender has at any time been convicted of any
3of the following:
AB812,9,6 4a. A felony or misdemeanor under this chapter or, except that, if the felony or
5misdemeanor relates to marijuana possession, only felonies or misdemeanors
6involving more than 28 grams may be counted.
AB812,9,11 7b. A felony or misdemeanor under any statute of the United States or of any
8state relating to controlled substances, controlled substance analogs, narcotic drugs,
9marijuana, or depressant, stimulant, or hallucinogenic drugs, except that, if the
10felony or misdemeanor relates to marijuana possession, only felonies or
11misdemeanors involving more than 28 grams may be counted
.
AB812,9 12Section 9 . 961.41 (3g) (em) of the statutes is amended to read:
AB812,9,2513 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
14possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
15analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
16not more than $1,000 or imprisoned for not more than 6 months or both upon a first
17conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
18purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
19prior to the offender's conviction of the offense, the offender has at any time been
20convicted of any felony or misdemeanor under this chapter, except for a misdemeanor
21under par. (e) 2.,
or under any statute of the United States or of any state relating
22to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
23or depressant, stimulant, or hallucinogenic drugs, except that, if the statute relates
24to marijuana possession, only felonies or misdemeanors involving more than 28
25grams may be counted
.
AB812,10
1Section 10. 961.47 (1) of the statutes is amended to read:
AB812,10,202 961.47 (1) Whenever any person who has not previously been convicted of any
3offense under this chapter, or of any offense under any statute of the United States
4or of any state or of any county ordinance relating to controlled substances or
5controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or
6hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
7possession of a controlled substance or controlled substance analog under s. 961.41
8(3g) (b), the court, without entering a judgment of guilt and with the consent of the
9accused, may defer further proceedings and place him or her on probation upon terms
10and conditions. For purposes of this subsection, a conviction does not count as a
11previous conviction if it was for an offense under s. 961.41 (3g) (e) 1. or 2. or, if the
12conviction was for marijuana possession, if the conviction involved not more than 28
13grams.
Upon violation of a term or condition, the court may enter an adjudication
14of guilt and proceed as otherwise provided. Upon fulfillment of the terms and
15conditions, the court shall discharge the person and dismiss the proceedings against
16him or her. Discharge and dismissal under this section shall be without adjudication
17of guilt and is not a conviction for purposes of disqualifications or disabilities imposed
18by law upon conviction of a crime, including the additional penalties imposed for 2nd
19or subsequent convictions under s. 961.48. There may be only one discharge and
20dismissal under this section with respect to any person.
AB812,11 21Section 11 . 961.48 (3) of the statutes is amended to read:
AB812,11,522 961.48 (3) For purposes of this section, a felony offense under this chapter is
23considered a 2nd or subsequent offense if, prior to the offender's conviction of the
24offense, the offender has at any time been convicted of any felony or misdemeanor
25offense under this chapter, except for a misdemeanor under s. 961.41 (3g) (e) 2., or

1under any statute of the United States or of any state relating to controlled
2substances or controlled substance analogs, narcotic drugs, marijuana or
3depressant, stimulant or hallucinogenic drugs, except that, if the statute relates to
4marijuana possession, only felonies or misdemeanors involving more than 28 grams
5may be counted
.
AB812,12 6Section 12. 961.571 (1) (a) (intro.), 1., 2., 3., 4., 5., 6., 8., 9. and 10. of the
7statutes are renumbered 961.571 (1) (ag) (intro.), 1., 2., 3., 4., 5., 6., 7., 8. and 9.
AB812,13 8Section 13. 961.571 (1) (a) 7. of the statutes is renumbered 961.571 (1) (c) 1.
AB812,14 9Section 14. 961.571 (1) (a) 11. (intro.) of the statutes is renumbered 961.571
10(1) (ag) 11. (intro.) and amended to read:
AB812,11,1311 961.571 (1) (ag) 11. (intro.) Objects used, designed for use or primarily intended
12for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish,
13or hashish oil into the human body, such as:
AB812,15 14Section 15. 961.571 (1) (a) 11. a., b., c., d., f., g., h., i., j. and m. of the statutes
15are renumbered 961.571 (1) (ag) 11. a., b., c., d., e., f., g., h., i. and j.
AB812,16 16Section 16. 961.571 (1) (a) 11. e., k. and L. of the statutes are renumbered
17961.571 (1) (c) 2. a., b. and c.
AB812,17 18Section 17. 961.571 (1) (ac) of the statutes is created to read:
AB812,11,2019 961.571 (1) (ac) Notwithstanding s. 961.01 (4), “controlled substance” does not
20include tetrahydrocannabinols or marijuana.
AB812,18 21Section 18. 961.571 (1) (b) 3. of the statutes is created to read:
AB812,11,2222 961.571 (1) (b) 3. Marijuana paraphernalia.
AB812,19 23Section 19. 961.571 (1) (c) (intro.) and 2. (intro.) of the statutes are created to
24read:
AB812,12,8
1961.571 (1) (c) (intro.) “Marijuana paraphernalia” means all equipment,
2products and materials of any kind that are used, designed for use or primarily
3intended for use in planting, propagating, cultivating, growing, harvesting,
4manufacturing, compounding, converting, producing, processing, preparing,
5testing, analyzing, packaging, repackaging, storing, containing, concealing,
6ingesting, inhaling or otherwise introducing into the human body
7tetrahydrocannabinols or marijuana in violation of this chapter. “Marijuana
8paraphernalia" includes, but is not limited to, any of the following:
AB812,12,119 2. (intro.) Objects used, designed for use or primarily intended for use in
10ingesting, inhaling or otherwise introducing marijuana into the human body, such
11as:
AB812,20 12Section 20. 961.572 (1m) of the statutes is created to read:
AB812,12,1513 961.572 (1m) In determining whether an object is marijuana paraphernalia,
14a court or other authority shall consider, in addition to all other legally relevant
15factors, the following:
AB812,12,1716 (a) Statements by an owner or by anyone in control of the object concerning its
17use.
AB812,12,1918 (b) The proximity of the object, in time and space, to a direct violation of this
19chapter.
AB812,12,2020 (c) The proximity of the object to marijuana.
AB812,12,2121 (d) The existence of any residue of marijuana on the object.
AB812,13,222 (e) Direct or circumstantial evidence of the intent of an owner, or of anyone in
23control of the object, to deliver it to persons whom he or she knows intend to use the
24object to facilitate a violation of this chapter; the innocence of an owner, or of anyone
25in control of the object, as to a direct violation of this chapter shall not prevent a

1finding that the object is designed for use or primarily intended for use as marijuana
2paraphernalia.
AB812,13,33 (f) Instructions, oral or written, provided with the object concerning its use.
AB812,13,54 (g) Descriptive materials accompanying the object that explain or depict its
5use.
AB812,13,66 (h) Local advertising concerning its use.
AB812,13,77 (i) The manner in which the object is displayed for sale.
AB812,13,108 (j) Whether the owner, or anyone in control of the object, is a legitimate supplier
9of like or related items to the community, such as a licensed distributor or dealer of
10tobacco products.
AB812,13,1111 (k) The existence and scope of legitimate uses for the object in the community.
AB812,13,1212 (L) Expert testimony concerning its use.
AB812,21 13Section 21. 961.573 (title) of the statutes is amended to read:
AB812,13,14 14961.573 (title) Possession of drug or marijuana paraphernalia.
AB812,22 15Section 22. 961.573 (1m) of the statutes is created to read:
AB812,13,2116 961.573 (1m) No person may use, or possess with the primary intent to use,
17marijuana paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
18compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
19contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
20marijuana or tetrahydrocannabinol in violation of this chapter. Any person who
21violates this subsection may be subject to a civil forfeiture of no more than $10.
AB812,23 22Section 23. 961.574 (title) of the statutes is amended to read:
AB812,13,24 23961.574 (title) Manufacture or delivery of drug or marijuana
24paraphernalia.
AB812,24 25Section 24. 961.574 (1m) of the statutes is created to read:
AB812,14,7
1961.574 (1m) No person may deliver, possess with intent to deliver, or
2manufacture with intent to deliver, marijuana paraphernalia, knowing that it will
3be primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
4compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
5contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
6marijuana or tetrahydrocannabinol in violation of this chapter. Any person who
7violates this subsection may be subject to a civil forfeiture of not more than $10.
AB812,25 8Section 25. 961.577 of the statutes is amended to read:
AB812,14,13 9961.577 Municipal ordinances. Nothing in this subchapter precludes a city,
10village, or town from prohibiting conduct that is the same as that prohibited by s.
11961.573 (1), (1m), or (2), 961.574 (1), (1m), or (2), or 961.575 (1) or (2) or a county from
12prohibiting conduct that is the same as that prohibited by s. 961.573 (1), (1m), or (2),
13961.574 (1), (1m), or (2), or 961.575 (1) or (2).
AB812,14,1414 (End)
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