SB440-SSA1,50,10 (b) Encourages or contributes to a violation of sub. (2) (a).

SB440-SSA1,50,14 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following:

SB440-SSA1,50,15 (a) Except as provided in par. (b), a Class I felony.

SB440-SSA1,50,19 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered has not attained the legal age and the actual or intended seller, distributor, or deliverer is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.

SB440-SSA1,50,23 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount but does not exceed 28 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

SB440-SSA1,50,25 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds 28 grams of marijuana:

SB440-SSA1,51,1 1. Except as provided in subd. 2., a Class B misdemeanor.

SB440-SSA1,51,3 2. A Class I felony if the person has taken action to hide how much marijuana the person possesses and any of the following applies:

SB440-SSA1,51,6 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana if the system exceeds a security system that would be used by a reasonable person in the person's region.

SB440-SSA1,51,9 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana if the method exceeds a method that would be used by a reasonable person in the person's region.

SB440-SSA1,51,11 c. The person has rigged a system so that any individual approaching the area may be injured or killed by the system.

SB440-SSA1,51,13 (c) A person who is not a permittee who possesses more than 6 marijuana plants that have reached the flowering stage at one time is one of the following:

SB440-SSA1,51,15 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

SB440-SSA1,51,17 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

SB440-SSA1,51,21 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 any of the following applies:

SB440-SSA1,51,25 a. The person has in place a system that could alert the 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.

SB440-SSA1,52,3 b. The person has in place 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.

SB440-SSA1,52,5 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

SB440-SSA1,52,8 (d) No person except a permittee may possess marijuana plants that have reached the flowering stage. Any person who violates this prohibition must apply for a permit under s. 139.972; in addition, the person is one of the following:

SB440-SSA1,52,10 1. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

SB440-SSA1,52,13 2. Except as provided in subds. 3. and 4., subject to a civil forfeiture 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 6.

SB440-SSA1,52,15 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

SB440-SSA1,52,19 4. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the person has taken action to hide how many marijuana plants that have reached the flowering stage are being cultivated, and if any of the following applies:

SB440-SSA1,52,23 a. The person has in place a system that could alert the 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.

SB440-SSA1,53,3 b. The person has in place 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.

SB440-SSA1,53,5 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

SB440-SSA1,53,7 (e) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB440-SSA1,53,9 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.

SB440-SSA1,64 Section 64 . 967.055 (1m) (b) 5. of the statutes is repealed.