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961.575
(2) Any
person minor who violates this section
who is under 17 years
5of age is subject to a disposition under s. 938.344 (2e).
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6Section 3413
. 961.575 (3) of the statutes is amended to read:
AB68-SSA1,1537,97
961.575
(3) Any
person 17 years of age or over adult who violates s. 961.574 (3)
8by delivering drug paraphernalia to a
person 17 years of age or under minor is guilty
9of a Class G felony.
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10Section 3414
. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
11is created to read:
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Subchapter VIII
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regulation of Marijuana
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15961.70 Definitions. In this subchapter:
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16(2) “Legal age" means 21 years of age, except in the case of a qualifying patient,
17as defined in s. 73.17 (1) (d).
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18(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
202 ounces of usable marijuana.
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(b) For a person who is not a resident of Wisconsin, an amount that does not
22exceed one-quarter ounce of usable marijuana.
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23(6) “Permittee" has the meaning given under s. 139.97 (10).
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24(8) “Retail outlet" has the meaning given in s. 139.97 (11).
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1(9) “Tetrahydrocannabinols concentration" means the percent of
2delta-9-tetrahydrocannabinol content per dry weight of any part of the plant
3Cannabis, or per volume or weight of marijuana product, or the combined percent of
4delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
5plant Cannabis regardless of moisture content.
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6(11) “Underage person" means a person who has not attained the legal age.
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7(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
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8961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
9may sell, distribute, or deliver marijuana to any underage person.
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2. No permittee may directly or indirectly permit an underage person to violate
11sub. (2m).
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(b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
13more than $500 and to a suspension of the permittee's permit for an amount of time
14not to exceed 30 days.
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(c) In determining whether a permittee has violated par. (a) 2., all relevant
16circumstances surrounding the presence of the underage person may be considered.
17In determining whether a permittee has violated par. (a) 1., all relevant
18circumstances surrounding the selling, distributing, or delivering of marijuana may
19be considered. In addition, proof of all of the following facts by the permittee is a
20defense 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
22legal age.
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2. That the appearance of the underage person was such that an ordinary and
24prudent person would believe that the underage person had attained the legal age.
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13. That the action was made in good faith and in reliance on the representation
2and appearance of the underage person in the belief that the underage person had
3attained the legal age.
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4. That the underage person supported the representation under subd. 1. with
5documentation that he or she had attained the legal age.
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6(2) Any underage person who does any of the following is subject to a forfeiture
7of 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
10a permittee.
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(c) Knowingly possesses or consumes marijuana.