SB486: Bill Text

SB486,57 Section 57. 961.41 (3g) (e) of the statutes is repealed.

SB486,58 Section 58. 961.41 (3g) (em) of the statutes is amended to read:

SB486,,318 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

SB486,59 Section 59. 961.47 (1) of the statutes is amended to read:

SB486,,320 961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.

SB486,60 Section 60. 961.48 (3) of the statutes is amended to read:

SB486,,322 961.48 (3) For purposes of this section, a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant, or hallucinogenic drugs.

SB486,61 Section 61. 961.48 (5) of the statutes is amended to read:

SB486,,324 961.48 (5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).

SB486,62 Section 62. 961.49 (1m) (intro.) of the statutes is amended to read:

SB486,,326 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

SB486,63 Section 63. 961.571 (1) (a) 7. of the statutes is repealed.

SB486,64 Section 64. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

SB486,,329 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

SB486,65 Section 65. 961.571 (1) (a) 11. e. of the statutes is repealed.

SB486,66 Section 66. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

SB486,67 Section 67. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

SB486,,333 CHAPTER 961

SB486,,334 SUBCHAPTER VIII

SB486,,335 REGULATION OF MARIJUANA

SB486,,336 961.70 Definitions. In this subchapter:

SB486,,337 (1k) “Extreme measure to avoid detection” means any of the following:

SB486,,338 (a) A system that aims to alert a person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person’s region.

SB486,,339 (b) A method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person’s region.

SB486,,340 (c) A system that is designed so that an individual approaching the area that contains marijuana plants may be injured or killed by the system.

SB486,,341 (1m) “Legal age” means 21 years of age.

SB486,,342 (2) “Negligible amount” means an amount that does not exceed one-quarter ounce of usable marijuana.

SB486,,343 (3) “Permissible amount” means an amount that does not exceed 5 ounces of usable marijuana.

SB486,,344 (4) “Permittee” has the meaning given under s. 139.97 (10).

SB486,,345 (4g) “Qualifying patient” has the meaning given in s. 73.17 (1) (d).

SB486,,346 (5) “Retail outlet” has the meaning given in s. 139.97 (11).

SB486,,347 (6) “Tetrahydrocannabinols concentration” means the percent of tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

SB486,,348 (7) “Underage person” means a person who has not attained the legal age.

SB486,,349 (8) “Usable marijuana” has the meaning given in s. 139.97 (13).

SB486,,350 961.71 Underage persons prohibitions involving permittees; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person unless that underage person is a qualifying patient.

SB486,,351 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

SB486,,352 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not more than $500 and to a suspension of the permittee’s permit for an amount of time not to exceed 90 days.

SB486,,353 (c) In determining whether a permittee has violated par. (a) 2., all relevant circumstances surrounding the presence of the underage person may be considered. In determining whether a permittee has violated par. (a) 1., all relevant circumstances surrounding the selling, distributing, or delivering of marijuana may be considered. In addition, proof of all of the following facts by the permittee is a defense to any prosecution for a violation under par. (a):

SB486,,354 1. That the underage person falsely represented that he or she had attained the legal age or that he or she was a qualifying patient.

SB486,,355 2. If the underage person was falsely representing that he or she had attained the legal age, that the appearance of the underage person was such that an ordinary and prudent person would believe that the underage person had attained the legal age.

SB486,,356 3. That the permittee acted in good faith and, if the underage person falsely represented his or her age, in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

SB486,,357 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age or documentation that he or she was a qualifying patient.

SB486,,358 (2) Any underage person who does any of the following is subject to a forfeiture of not more than $250:

SB486,,359 (a) Procures or attempts to procure marijuana from a permittee. This paragraph does not apply to a qualifying patient who has attained the age of 18 years or to a qualifying patient who has not attained the age of 18 years who is accompanied by his or her parent or guardian.

SB486,,360 (b) Falsely represents his or her age for the purpose of procuring marijuana from a permittee.

SB486,,361 (c) Falsely represents that he or she is a qualifying patient for the purpose of procuring marijuana from a permittee.

SB486,,362 (d) Violates sub. (2m).

SB486,,363 (2m) An underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal age may not enter, knowingly attempt to enter, or be on the premises of a retail outlet. This subsection does not apply to a qualifying patient who has attained the age of 18 years.

SB486,,364 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

SB486,,365 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises owned by the individual or under the individual’s control.

SB486,,366 (b) Encourages or contributes to a violation of sub. (2) (a).

SB486,,367 961.72 Restrictions; penalties. (1) Prohibition on sales. (a) General prohibition. No person may sell marijuana or possess marijuana with the intent to sell the marijuana.

SB486,,368 (b) Penalty for sales by adult. An individual who has attained the legal age who violates par. (a) is guilty of the following:

SB486,,369 1. Except as provided in subd. 2., one of the following:

SB486,,370 a. If the violation involves not more than one ounce of usable marijuana, a misdemeanor punishable by a fine of not more than $500.

SB486,,371 b. If the violation involves more than one ounce of usable marijuana but not more than 10 ounces of usable marijuana, a misdemeanor punishable by a fine of not more than $1,000.

SB486,,372 c. If the violation involves more than 10 ounces of usable marijuana but not more than 15 ounces of usable marijuana, a misdemeanor punishable by a fine of not more than $5,000.

SB486,,373 d. If the violation involves more than 15 ounces of usable marijuana, a Class I felony.

SB486,,374 2. If the individual to whom the marijuana is, or is intended to be, sold, is an underage person and the seller is at least 3 years older than the underage person, one of the following:

SB486,,375 a. If the violation involves not more than the permissible amount, a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for up to 90 days or both.

SB486,,376 b. If the violation involves more than the permissible amount, a Class H felony.

SB486,,377 (c) Penalty for sales by underage person. An underage person who violates par. (a) is one of the following:

SB486,,378 1. If the violation involves not more than the permissible amount, subject to a forfeiture of not more than $100.

SB486,,379 2. If the violation involves more than the permissible amount but not more than 20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,380 3. If the violation involves more than 20 ounces, guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

SB486,,381 (d) Exceptions. Paragraph (a) does not apply to any of the following:

SB486,,382 1. A permittee.

SB486,,383 2. A sale of a negligible amount that was obtained in compliance with this subchapter to an individual who has attained the legal age if the seller receives compensation for the sale that is less than or equal to the amount that the seller paid for the negligible amount.

SB486,,384 (1m) Prohibition on distribution. (a) General prohibition. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana.

SB486,,385 (b) Penalty for distribution by adult. An individual who has attained the legal age who violates par. (a) is one of the following:

SB486,,386 1. Except as provided in subd. 2., one of the following:

SB486,,387 a. If the violation involves not more than the permissible amount, subject to a forfeiture of not more than $250.

SB486,,388 b. If the violation involves more than the permissible amount, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,389 2. If the individual to whom the marijuana is, or is intended to be, distributed or delivered is an underage person and the distributor or deliverer is at least 3 years older than the underage person, guilty of the following:

SB486,,390 a. If the violation involves not more than the permissible amount, a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

SB486,,391 b. If the violation involves more than the permissible amount, a Class H felony.

SB486,,392 (c) Penalty for distribution by underage person. An underage person who violates par. (a) is one of the following:

SB486,,393 1. If the violation involves not more than the permissible amount, subject to a forfeiture of not more than $100.

SB486,,394 2. If the violation involves more than the permissible amount but not more than 20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,395 3. If the violation involves more than 20 ounces, guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment for not more than 90 days or both.

SB486,,396 (d) Exceptions. Paragraph (a) does not apply to any of the following:

SB486,,397 1. A permittee.

SB486,,398 2. A distribution or delivery of a negligible amount that was obtained in compliance with this subchapter to an individual who has attained the legal age.

SB486,,399 3. A distribution or delivery of a permissible amount that was obtained in compliance with this subchapter to an individual who cohabitates with the distributor or deliverer.

SB486,,400 (2) Possession. (a) A person who has attained the legal age who is not a permittee and who possesses an amount of marijuana that exceeds the permissible amount is one of the following:

SB486,,401 1. If the overage is not more than one ounce, subject to a forfeiture of not more than $100.

SB486,,402 2. If the overage is more than one ounce but not more than 16 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.

SB486,,403 3. If the overage is more than 16 ounces, one of the following:

SB486,,404 a. Except as provided in subd. 3. b., guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.