SB486: Bill Text

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.

SB486,,405 b. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

SB486,,406 (b) Except if the underage person is a qualifying patient, an underage person who possesses marijuana is subject to the following forfeitures:

SB486,,407 1. If the amount possessed is a negligible amount, not more than $50.

SB486,,408 2. If the amount possessed is more than a negligible amount but not more than a permissible amount, not more than $100.

SB486,,409 3. If the amount possessed is more than a permissible amount, not more than $200.

SB486,,410 (c) A person who is not a permittee that possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

SB486,,411 1. Except as provided in subds. 2. and 3., subject to a forfeiture that is not more than twice the permitting fee under s. 139.972.

SB486,,412 2. Except as provided in subd. 3., guilty of a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days or both, if the number of marijuana plants that have reached the flowering stage is more than 12.

SB486,,413 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage and if the person has in place an extreme measure to avoid detection.

SB486,,414 (d) Whoever uses or displays marijuana in a public space other than a marijuana lounge, as defined in s. 139.97 (5m), that is operated by a permittee is subject to a forfeiture in an amount that does not exceed the following:

SB486,,415 1. If the use or display occurs in a county or a municipality with an ordinance prohibiting using or displaying marijuana in a public space, the forfeiture amount specified in the ordinance. If more than one ordinance applies, the lower amount shall be used.

SB486,,416 2. If the use or display occurs in a county or municipality without an ordinance prohibiting using or displaying marijuana in a public space, $100.

SB486,,417 (3) Remote sales. Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB486,68 Section 68. 967.055 (1m) (b) 5. of the statutes is repealed.

SB486,69 Section 69. 971.365 (1) (a) of the statutes is amended to read:

SB486,,420 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB486,70 Section 70. 971.365 (1) (b) of the statutes is amended to read:

SB486,,422 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB486,71 Section 71. 971.365 (1) (c) of the statutes is amended to read:

SB486,,424 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB486,72 Section 72. 971.365 (2) of the statutes is amended to read:

SB486,,426 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

SB486,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

SB486,,428 (1) Special disposition for marijuana-related crimes.

SB486,,429 (a) Definitions. In this subsection, “marijuana-related crime” means a crime under s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., s. 961.41 (3g) (e), 2021 stats., s. 961.573, 2021 stats., s. 961.574, 2021 stats., or s. 961.575, 2021 stats.

SB486,,430 (b) Identification of records. As soon as practically possible after the effective date of this paragraph, the director of state courts shall identify records created before the effective date of this paragraph of the following:

SB486,,431 1. Persons serving a sentence or on probation if the sentence or probation was imposed for the commission of a marijuana-related crime and one of the following applies:

SB486,,432 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 1. a.

SB486,,433 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 1. b.

SB486,,434 2. Persons who have completed their sentence or period of probation if the sentence or period of probation was imposed for the commission of a marijuana-related crime and one of the following applies:

SB486,,435 a. The person would not have been guilty of a crime had the commission occurred on or after the effective date of this subd. 2. a.

SB486,,436 b. The person would have been guilty of a lesser crime had the commission occurred on or after the effective date of this subd. 2. b.

SB486,,437 3. Persons who were charged with the commission of a marijuana-related crime if one of the following applies:

SB486,,438 a. The person would not have been charged with the crime had the commission occurred on or after the effective date of this subd. 3. a.

SB486,,439 b. The person would have been charged with a lesser crime had the commission occurred on or after the effective date of this subd. 3. b.

SB486,,440 c. The person was found not guilty of the charge.

SB486,,441 4. Persons who were arrested for the commission of a marijuana-related crime if one of the following applies:

SB486,,442 a. The person would not have been arrested had the commission occurred on or after the effective date of this subd. 4. a.

SB486,,443 b. The person was not charged with the crime.

SB486,,444 (c) Expungement or redesignations.

SB486,,445 1. a. If the record involves a marijuana-related crime that is a misdemeanor and the person is serving a sentence or on probation, the sentencing court shall be notified. If par. (b) 1. a. applies, the sentencing court shall dismiss the conviction and expunge the record. If par. (b) 1. b. applies, the sentencing court shall resentence the person or adjust the probation and change the record to reflect the lesser crime.

SB486,,446 b. If the record involves a marijuana-related crime that is a misdemeanor and the person has completed the sentence or period of probation for the marijuana-related crime, the sentencing court shall be notified. If par. (b) 2. a. applies, the sentencing court shall expunge the record. If par. (b) 2. b. applies, the sentencing court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime.

SB486,,447 2. a. If the record involves a marijuana-related crime that is a felony and the person is serving a sentence or on probation, the sentencing court shall be notified. The sentencing court shall schedule a hearing. If par. (b) 1. a. applies, the sentencing court shall determine if it is in the public interest to dismiss the conviction and expunge the record. If par. (b) 1. b. applies, the sentencing court shall determine if it is in the public interest to resentence the person or adjust the probation and change the record to reflect the lesser crime. Such actions are presumed to be in the public interest unless there is clear and convincing evidence that the actions would create a risk to public safety. If the sentencing court determines it is in the public interest to take such actions, the sentencing court shall do so.

SB486,,448 b. If the record involves a marijuana-related crime that is a felony and the person has completed the sentence or period of probation, the sentencing court shall be notified. The sentencing court shall schedule a hearing. If par. (b) 2. a. applies, the sentencing court shall determine if it is in the public interest to expunge the record. If par. (b) 2. b. applies, the sentencing court shall determine if it is in the public interest to redesignate the crime to a lesser crime and change the record to reflect the lesser crime. Such actions are presumed to be in the public interest unless there is clear and convincing evidence that the actions would create a risk to public safety. If the sentencing court determines it is in the public interest to take such actions, the sentencing court shall do so.

SB486,,449 c. In making determinations under subd. 2. a. and b., the court shall consider the nature and severity of the marijuana-related crime, including whether the commission of the marijuana-related crime involved a weapon or infliction of or intent to inflict bodily harm; the potential that the dismissal, expungement, or redesignation would increase the risk to other individuals or the public; any aggravating or mitigating circumstances, including the person’s level or participation and the context and circumstances of the marijuana-related crime; statements from victims and law enforcement; and any other factors the court finds relevant.

SB486,,450 d. If the record involves a marijuana-related crime that is a felony, the felony is expunged or redesignated to a misdemeanor or civil forfeiture under this subdivision, and the person is not otherwise prohibited from possessing a firearm under s. 941.29 or federal law, the sentencing court shall determine if there is good cause to restore the person’s right to possess a firearm. If the sentencing court finds good cause, the sentencing court shall notify the department of justice, and the conviction that is redesignated or expunged is not a conviction for purposes of s. 941.29 or 18 USC 921.

SB486,,451 3. If the record involves an arrest for or charge of a marijuana-related crime and par. (b) 3. or 4. applies, the director of state courts shall expunge such arrests or charges.

SB486,9128 Section 9128. Nonstatutory provisions; Legislature.

SB486,,453 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.

SB486,,454 (end)