SB70-SSA2-SA2,93,223 3. Guilty of a Class I felony if the number of marijuana plants that have reached
24the flowering stage is more than 12, if the individual has taken action to hide the

1number of marijuana plants that have reached the flowering stage and if the person
2has in place an extreme measure to avoid detection.
SB70-SSA2-SA2,93,43 (d) Whoever uses or displays marijuana in a public space is subject to a civil
4forfeiture of not more than $100.
SB70-SSA2-SA2,93,7 5(3) Any person who sells or attempts to sell marijuana via mail, telephone, or
6Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9
7months, or both.
SB70-SSA2-SA2,87 8Section 87. 967.055 (1m) (b) 5. of the statutes is repealed.
SB70-SSA2-SA2,88 9Section 88. 971.365 (1) (a) of the statutes is amended to read:
SB70-SSA2-SA2,93,1310 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
11(cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations
12may be prosecuted as a single crime if the violations were pursuant to a single intent
13and design.
SB70-SSA2-SA2,89 14Section 89. 971.365 (1) (b) of the statutes is amended to read:
SB70-SSA2-SA2,93,1815 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
16(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all
17violations may be prosecuted as a single crime if the violations were pursuant to a
18single intent and design.
SB70-SSA2-SA2,90 19Section 90. 971.365 (1) (c) of the statutes is amended to read:
SB70-SSA2-SA2,93,2320 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
21(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
22one violation, all violations may be prosecuted as a single crime if the violations were
23pursuant to a single intent and design.
SB70-SSA2-SA2,91 24Section 91. 971.365 (2) of the statutes is amended to read:
SB70-SSA2-SA2,94,6
1971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
2prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
3(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
4or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g),
5or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial
6on the original charge.
SB70-SSA2-SA2,92 7Section 92. 973.016 of the statutes is created to read:
SB70-SSA2-SA2,94,11 8973.016 Special disposition for marijuana-related crimes. (1)
9Resentencing persons serving a sentence or probation. (a) A person serving a
10sentence or on probation may request resentencing or dismissal as provided under
11par. (b) if all of the following apply:
SB70-SSA2-SA2,94,1312 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
13(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-SSA2-SA2,94,1414 2. One of the following applies:
SB70-SSA2-SA2,94,1615 a. The person would not have been guilty of a crime had the violation occurred
16on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-SSA2-SA2,94,1817 b. The person would have been guilty of a lesser crime had the violation
18occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-SSA2-SA2,94,2019 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
20court to request resentencing, adjustment of probation, or dismissal.
SB70-SSA2-SA2,95,321 2. If the court receiving a petition under subd. 1. determines that par. (a)
22applies, the court shall schedule a hearing to consider the petition. At the hearing,
23if the court determines that par. (a) 2. b. applies, the court shall resentence the person
24or adjust the probation and change the record to reflect the lesser crime, and, if the
25court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and

1expunge the record. Before resentencing, adjusting probation, or dismissing a
2conviction under this subdivision, the court shall determine that the action does not
3present an unreasonable risk of danger to public safety.
SB70-SSA2-SA2,95,54 3. If the court resentences the person or adjusts probation, the person shall
5receive credit for time or probation served for the relevant offense.
SB70-SSA2-SA2,95,9 6(2) Redesignating offense for persons who completed a sentence or
7probation.
(a) A person who has completed his or her sentence or period of probation
8may request under par. (b) expungement of the conviction because the conviction is
9legally invalid or redesignation to a lesser crime if all of the following apply:
SB70-SSA2-SA2,95,1110 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
11(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-SSA2-SA2,95,1212 2. One of the following applies:
SB70-SSA2-SA2,95,1413 a. The person would not have been guilty of a crime had the violation occurred
14on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-SSA2-SA2,95,1615 b. The person would have been guilty of a lesser crime had the violation
16occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-SSA2-SA2,95,1817 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
18court to request expungement or redesignation.
SB70-SSA2-SA2,95,2519 2. If the court receiving a petition under subd. 1. determines that par. (a)
20applies, the court shall schedule a hearing to consider the petition. At the hearing,
21if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
22to a lesser crime and change the record to reflect the lesser crime, and if the court
23determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
24redesignating or expunging under this subdivision, the court shall determine that
25the action does not present an unreasonable risk of danger to public safety.
SB70-SSA2-SA2,96,4
1(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
2court changes or expunges a record under this section, a conviction that was changed
3or expunged is not considered a conviction for any purpose under state or federal law,
4including for purposes of s. 941.29 or 18 USC 921.