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21Section 60
. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
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961.571
(1) (a) 11. (intro.) Objects used, designed for use or primarily intended
23for use in ingesting, inhaling
, or otherwise introducing
marijuana, cocaine, hashish
24or hashish oil into the human body, such as:
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25Section 61
. 961.571 (1) (a) 11. e. of the statutes is repealed.
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1Section
62. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
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2Section 63
. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
3is created to read:
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Subchapter VIII
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regulation of Marijuana
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7961.70 Definitions. In this subchapter:
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8(2) “Legal age" means 21 years of age, except in the case of a qualifying patient,
9as defined in s. 73.17 (1) (d).
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10(5) “Permissible amount" means one of the following:
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(a) For a person who is a resident of Wisconsin, an amount that does not exceed
122 ounces of usable marijuana.
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(b) For a person who is not a resident of Wisconsin, an amount that does not
14exceed one-quarter ounce of usable marijuana.
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15(6) “Permittee" has the meaning given under s. 139.97 (10).
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16(8) “Retail outlet" has the meaning given in s. 139.97 (11).
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17(9) “Tetrahydrocannabinols concentration" means the percent of
18delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
19Cannabis, or per volume or weight of marijuana product, or the combined percent of
20delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
21plant Cannabis regardless of moisture content.
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22(11) “Underage person" means a person who has not attained the legal age.
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23(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
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24961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
25may sell, distribute, or deliver marijuana to any underage person.
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12. No permittee may directly or indirectly permit an underage person to violate
2sub. (2m).
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(b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
4more than $500 and to a suspension of the permittee's permit for an amount of time
5not to exceed 30 days.
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(c) In determining whether a permittee has violated par. (a) 2., all relevant
7circumstances surrounding the presence of the underage person may be considered.
8In determining whether a permittee has violated par. (a) 1., all relevant
9circumstances surrounding the selling, distributing, or delivering of marijuana may
10be considered. In addition, proof of all of the following facts by the permittee is a
11defense to any prosecution for a violation under par. (a):
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1. That the underage person falsely represented that he or she had attained the
13legal age.
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2. That the appearance of the underage person was such that an ordinary and
15prudent person would believe that the underage person had attained the legal age.
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3. That the action was made in good faith and in reliance on the representation
17and appearance of the underage person in the belief that the underage person had
18attained the legal age.
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4. That the underage person supported the representation under subd. 1. with
20documentation that he or she had attained the legal age.
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21(2) Any underage person who does any of the following is subject to a forfeiture
22of not less than $250 nor more than $500:
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(a) Procures or attempts to procure marijuana from a permittee.
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(b) Falsely represents his or her age for the purpose of receiving marijuana from
25a permittee.