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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.
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(d) Violates sub. (2m).
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13(2m) An underage person not accompanied by his or her parent, guardian, or
14spouse who has attained the legal age may not enter, knowingly attempt to enter, or
15be on the premises of a retail outlet.
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16(3) An individual who has attained the legal age and who knowingly does any
17of the following may be subject to a forfeiture that does not exceed $1,000:
AB68-SSA1,1539,1918
(a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
19owned by the individual or under the individual's control.
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(b) Encourages or contributes to a violation of sub. (2) (a).
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21961.72 Restrictions; penalties.
(1) No person except a permittee may sell,
22or possess with the intent to sell, marijuana. No person may distribute or deliver,
23or possess with the intent to distribute or deliver, marijuana except a permittee. Any
24person who violates a prohibition under this subsection is guilty of the following:
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(a) Except as provided in par. (b), a Class I felony.
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1(b) If the individual to whom the marijuana is, or is intended to be, sold,
2distributed, or delivered has not attained the legal age and the actual or intended
3seller, distributor, or deliverer is at least 3 years older than the individual to whom
4the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
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5(2) (a) A person that is not a permittee who possesses an amount of marijuana
6that exceeds the permissible amount but does not exceed 28 grams of marijuana is
7subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days
8or both.
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(b) A person who is not a permittee who possesses an amount of marijuana that
10exceeds 28 grams of marijuana:
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1. Except as provided in subd. 2., a Class B misdemeanor.
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2. A Class I felony if the person has taken action to hide how much marijuana
13the person possesses and any of the following applies:
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a. The person has in place a system that could alert the person if law
15enforcement approaches an area that contains marijuana if the system exceeds a
16security system that would be used by a reasonable person in the person's region.
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b. The person has in place a method of intimidating individuals who approach
18an area that contains marijuana if the method exceeds a method that would be used
19by a reasonable person in the person's region.
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c. The person has rigged a system so that any individual approaching the area
21may be injured or killed by the system.
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(c) A person who is not a permittee who possesses more than 6 marijuana plants
23that have reached the flowering stage at one time is one of the following:
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1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to
25exceed $1,000 or imprisonment not to exceed 90 days or both.
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12. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number
2of marijuana plants that have reached the flowering stage is more than 12.
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3. Guilty of a Class I felony if the number of marijuana plants that have reached
4the flowering stage is more than 12, if the individual has taken action to hide the
5number of marijuana plants that have reached the flowering stage, and if any of the
6following applies:
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a. The person has in place a system that could alert the person if law
8enforcement approaches an area that contains marijuana plants if the system
9exceeds a security system that would be used by a reasonable person in the person's
10region.
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b. The person has in place a method of intimidating individuals who approach
12an area that contains marijuana plants if the method exceeds a method that would
13be used by a reasonable person in the person's region.
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c. The person has rigged a system so that any individual approaching the area
15that contains marijuana plants may be injured or killed by the system.
AB68-SSA1,1541,1816
(d) No person except a permittee may possess marijuana plants that have
17reached the flowering stage. Any person who violates this prohibition must apply
18for a permit under s. 139.972; in addition, the person is one of the following:
AB68-SSA1,1541,2019
1. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that
20is not more than twice the permitting fee under s. 139.972.
AB68-SSA1,1541,2321
2. Except as provided in subds. 3. and 4., subject to a civil forfeiture not to
22exceed $1,000 or imprisonment not to exceed 90 days or both if the number of
23marijuana plants that have reached the flowering stage is more than 6.
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3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number
25of marijuana plants that have reached the flowering stage is more than 12.
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14. Guilty of a Class I felony if the number of marijuana plants that have reached
2the flowering stage is more than 12, if the person has taken action to hide how many
3marijuana plants that have reached the flowering stage are being cultivated, and if
4any of the following applies: