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AB506,60,2120 2. If the use or display occurs in a county or municipality without an ordinance
21prohibiting using or displaying marijuana in a public space, $100.
AB506,60,24 22(3) Remote sales. Any person who sells or attempts to sell marijuana via mail,
23telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not
24to exceed 9 months, or both.
AB506,68 25Section 68 . 967.055 (1m) (b) 5. of the statutes is repealed.
AB506,69
1Section 69. 971.365 (1) (a) of the statutes is amended to read:
AB506,61,52 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
3(cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations
4may be prosecuted as a single crime if the violations were pursuant to a single intent
5and design.
AB506,70 6Section 70 . 971.365 (1) (b) of the statutes is amended to read:
AB506,61,107 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
8(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all
9violations may be prosecuted as a single crime if the violations were pursuant to a
10single intent and design.
AB506,71 11Section 71 . 971.365 (1) (c) of the statutes is amended to read:
AB506,61,1512 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
13(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
14one violation, all violations may be prosecuted as a single crime if the violations were
15pursuant to a single intent and design.
AB506,72 16Section 72 . 971.365 (2) of the statutes is amended to read:
AB506,61,2217 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
18prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
19(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
20or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g),
21or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial
22on the original charge.
AB506,9107 23Section 9107. Nonstatutory provisions; Circuit Courts.
AB506,61,2424 (1) Special disposition for marijuana-related crimes.
AB506,62,3
1(a) Definitions. In this subsection, “marijuana-related crime” means a crime
2under s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., s. 961.41 (3g) (e),
32021 stats., s. 961.573, 2021 stats., s. 961.574, 2021 stats., or s. 961.575, 2021 stats.
AB506,62,64 (b) Identification of records. As soon as practically possible after the effective
5date of this paragraph, the director of state courts shall identify records created
6before the effective date of this paragraph of the following:
AB506,62,9 71. Persons serving a sentence or on probation if the sentence or probation was
8imposed for the commission of a marijuana-related crime and one of the following
9applies:
AB506,62,11 10a. The person would not have been guilty of a crime had the commission
11occurred on or after the effective date of this subd. 1 . a.
AB506,62,13 12b. The person would have been guilty of a lesser crime had the commission
13occurred on or after the effective date of this subd. 1 . b.
AB506,62,16 142. Persons who have completed their sentence or period of probation if the
15sentence or period of probation was imposed for the commission of a
16marijuana-related crime and one of the following applies:
AB506,62,18 17a. The person would not have been guilty of a crime had the commission
18occurred on or after the effective date of this subd. 2 . a.
AB506,62,20 19b. The person would have been guilty of a lesser crime had the commission
20occurred on or after the effective date of this subd. 2 . b.
AB506,62,22 213. Persons who were charged with the commission of a marijuana-related
22crime if one of the following applies:
AB506,62,24 23a. The person would not have been charged with the crime had the commission
24occurred on or after the effective date of this subd. 3 . a.
AB506,63,2
1b. The person would have been charged with a lesser crime had the commission
2occurred on or after the effective date of this subd. 3 . b.
AB506,63,3 3c. The person was found not guilty of the charge.
AB506,63,5 44. Persons who were arrested for the commission of a marijuana-related crime
5if one of the following applies:
AB506,63,7 6a. The person would not have been arrested had the commission occurred on
7or after the effective date of this subd. 4 . a.
AB506,63,8 8b. The person was not charged with the crime.
AB506,63,99 (c) Expungement or redesignations.
AB506,63,14 101. a. If the record involves a marijuana-related crime that is a misdemeanor
11and the person is serving a sentence or on probation, the sentencing court shall be
12notified. If par. (b) 1. a . applies, the sentencing court shall dismiss the conviction and
13expunge the record. If par. (b ) 1. b . applies, the sentencing court shall resentence the
14person or adjust the probation and change the record to reflect the lesser crime.
AB506,63,20 15b. If the record involves a marijuana-related crime that is a misdemeanor and
16the person has completed the sentence or period of probation for the
17marijuana-related crime, the sentencing court shall be notified. If par. (b) 2. a .
18applies, the sentencing court shall expunge the record. If par. (b) 2 . b. applies, the
19sentencing court shall redesignate the crime to a lesser crime and change the record
20to reflect the lesser crime.
AB506,64,5 212. a. If the record involves a marijuana-related crime that is a felony and the
22person is serving a sentence or on probation, the sentencing court shall be notified.
23The sentencing court shall schedule a hearing. If par. (b) 1 . a. applies, the sentencing
24court shall determine if it is in the public interest to dismiss the conviction and
25expunge the record. If par. (b ) 1. b . applies, the sentencing court shall determine if

1it is in the public interest to resentence the person or adjust the probation and change
2the record to reflect the lesser crime. Such actions are presumed to be in the public
3interest unless there is clear and convincing evidence that the actions would create
4a risk to public safety. If the sentencing court determines it is in the public interest
5to take such actions, the sentencing court shall do so.
AB506,64,15 6b. If the record involves a marijuana-related crime that is a felony and the
7person has completed the sentence or period of probation, the sentencing court shall
8be notified. The sentencing court shall schedule a hearing. If par. (b) 2 . a. applies,
9the sentencing court shall determine if it is in the public interest to expunge the
10record. If par. (b) 2. b . applies, the sentencing court shall determine if it is in the
11public interest to redesignate the crime to a lesser crime and change the record to
12reflect the lesser crime. Such actions are presumed to be in the public interest unless
13there is clear and convincing evidence that the actions would create a risk to public
14safety. If the sentencing court determines it is in the public interest to take such
15actions, the sentencing court shall do so.
AB506,64,24 16c. In making determinations under subd. 2. a. and b ., the court shall consider
17the nature and severity of the marijuana-related crime, including whether the
18commission of the marijuana-related crime involved a weapon or infliction of or
19intent to inflict bodily harm; the potential that the dismissal, expungement, or
20redesignation would increase the risk to other individuals or the public; any
21aggravating or mitigating circumstances, including the person's level or
22participation and the context and circumstances of the marijuana-related crime;
23statements from victims and law enforcement; and any other factors the court finds
24relevant.
AB506,65,8
1d. If the record involves a marijuana-related crime that is a felony, the felony
2is expunged or redesignated to a misdemeanor or civil forfeiture under this
3subdivision, and the person is not otherwise prohibited from possessing a firearm
4under s. 941.29 or federal law, the sentencing court shall determine if there is good
5cause to restore the person's right to possess a firearm. If the sentencing court finds
6good cause, the sentencing court shall notify the department of justice, and the
7conviction that is redesignated or expunged is not a conviction for purposes of s.
8941.29 or 18 USC 921.
AB506,65,11 93. If the record involves an arrest for or charge of a marijuana-related crime
10and par. (b) 3. or 4 . applies, the director of state courts shall expunge such arrests or
11charges.
AB506,9128 12Section 9128. Nonstatutory provisions; Legislature.
AB506,65,1813 (1) Joint legislative council study. The joint legislative council shall study
14the implementation of the marijuana tax and regulation provided under subch. IV
15of ch. 139 and identify uses for the revenues generated by the tax. The joint
16legislative council shall report its findings, conclusions, and recommendations to the
17joint committee on finance no later than 2 years after the effective date of this
18subsection.
AB506,65,1919 (End)
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