January 18, 2022 - Introduced by Representatives Bowen, Ohnstad, Spreitzer,
Hong, Stubbs, Hebl, Emerson, S. Rodriguez, Neubauer, Hesselbein,
Baldeh, Brostoff, Snodgrass, Goyke, Pope, Shankland, Shelton, Moore
Omokunde, L. Myers, Anderson, Drake, Subeck, Sinicki, Ortiz-Velez,
Considine, Andraca, Hintz, Conley, Vining, Cabrera, McGuire and Milroy,
cosponsored by Senators Agard, Johnson, L. Taylor, Roys, Larson, Smith and
Erpenbach. Referred to Committee on State Affairs.

AB846,2,3 1An Act to repeal 94.55 (2t), 961.11 (4g), 961.14 (4) (t), 961.32 (2m), 961.38 (1n),
2961.41 (1) (h), 961.41 (1m) (h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7.,
3961.571 (1) (a) 11. e., 961.571 (1) (a) 11. k. and L. and 967.055 (1m) (b) 5.; to
4renumber and amend 115.35 (1), 961.01 (14) and 961.34; to amend 20.115
5(7) (gc), 49.148 (4) (a), 49.79 (1) (b), 59.54 (25) (title), 59.54 (25) (a) (intro.),
666.0107 (1) (bm), 111.35 (2) (e), 114.09 (2) (bm) 1. (intro.), 114.09 (2) (bm) 4.,
7157.06 (11) (i), 289.33 (3) (d), 349.02 (2) (b) 4., 961.41 (1r), 961.41 (1x), 961.41
8(3g) (c), 961.41 (3g) (d), 961.41 (3g) (em), 961.47 (1), 961.48 (3), 961.48 (5), 961.49
9(1m) (intro.), 961.571 (1) (a) 11. (intro.), 971.365 (1) (a), 971.365 (1) (b), 971.365
10(1) (c) and 971.365 (2); and to create 16.282, 20.115 (7) (ge), 20.192 (1) (t),
1120.255 (2) (r), 20.435 (1) (r), 20.437 (3) (r), 20.505 (1) (t), 20.566 (1) (bn), 20.835
12(2) (eq), 25.316, 48.47 (20), 66.04185, 73.17, 77.54 (71), 94.56, 94.57, 100.145,
13108.02 (18r), 108.04 (5m), 111.32 (9m), 111.32 (11m), subchapter IV of chapter
14139 [precedes 139.97], 157.06 (11) (hm), 238.139, 250.22, subchapter VIII of

1chapter 961 [precedes 961.70] and 973.016 of the statutes; relating to:
2legalizing recreational marijuana, granting rule-making authority, making an
3appropriation, and providing a penalty.

Current law prohibits a person from manufacturing, distributing, or delivering
marijuana; possessing marijuana with the intent to manufacture, distribute, or
deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;
or possessing drug paraphernalia with the intent to produce, distribute, or use a
controlled substance. The bill changes state law so that it allows recreational use of
marijuana. The bill does not affect federal law, which generally prohibits persons
from manufacturing, delivering, or possessing marijuana and applies to both
intrastate and interstate violations.

The bill changes state law to allow a Wisconsin resident who is at least 21 years
old, or a qualifying patient, to possess no more than two ounces of marijuana and to
allow a nonresident of Wisconsin who is at least 21 years old to possess no more than
one-quarter ounce of marijuana. Under the bill, generally, a qualifying patient is an
individual who has been diagnosed by a physician as having or undergoing a
debilitating medical condition or treatment and who is at least 18 years old.

Generally, under the bill, a person who possesses more than the maximum
amount he or she is allowed to possess, but not more than 28 grams of marijuana,
is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90
days or both. A person who possesses more than 28 grams of marijuana is guilty of
a Class B misdemeanor, except that, if the person takes action to hide the amount
of marijuana he or she has and the person has in place a security system to alert him
or her to the presence of law enforcement, a method of intimidation, or a trap that
could injure or kill a person approaching the area containing the marijuana, the
person is guilty of a Class I felony.

The bill also creates a process for persons who have been convicted of an act that
has been decriminalized under the bill. If the person is currently serving a sentence
or on probation for such a conviction, the person may petition a court to dismiss the
conviction and expunge the record. If the person has completed a sentence or period
of probation for such a conviction, the person may petition a court to expunge the
record or, if applicable, redesignate it to a lower crime. Any conviction that is
expunged under the bill is not considered a conviction for any purpose under state
or federal law.

The bill creates a process by which a person may obtain a permit to produce,
process, or sell marijuana for recreational use and pay an excise tax for the privilege
of doing business in this state. Sixty percent of the revenue collected from the tax
is deposited into a segregated fund called the “community reinvestment fund”.

The bill requires a person to obtain separate permits from DOR to produce,
process, distribute, or sell marijuana, and requires marijuana producers and
processors to obtain additional permits from DATCP. The requirements for
obtaining these permits differ based on whether the permit is issued by DOR or
DATCP but, in general, a person may not obtain such a permit if he or she is not a
state resident, is under the age of 21, or has been convicted of certain crimes. In
addition, a person may not operate under a DOR permit within 500 feet of a school,
playground, recreation facility, child care facility, public park, public transit facility,
or library and may not operate as a marijuana producer under a DATCP permit
within 500 feet of a school. A person who holds a permit from DOR must also comply
with certain operational requirements.

Under the bill, a permit applicant with 20 or more employees may not receive
a permit from DATCP or DOR unless the the applicant certifies that the applicant
has entered into a labor peace agreement with a labor organization. The labor peace
agreement prohibits the labor organization and its members from engaging in any
economic interference with persons doing business in this state, prohibits the
applicant from disrupting the efforts of the labor organization to communicate with
and to organize and represent the applicant's employees, and provides the labor
organization access to areas in which the employees work to discuss employment
rights and the terms and conditions of employment. Current law prohibits the state
and any local unit of government from requiring a labor peace agreement as a
condition for any regulatory approval. The permit requirements under the bill are
not subject to that prohibition.

The bill also requires DATCP and DOR to use a competitive scoring system to
determine which applicants are eligible to receive permits. Each department must
issue permits to the highest scoring applicants that it determines will best protect
the environment; provide stable, family-supporting jobs to local residents; ensure
worker and consumer safety; operate secure facilities; and uphold the laws of the
jurisdictions in which they operate. Each department may deny a permit to an
applicant with a low score.

Also under the bill, a person who does not have a permit from DATCP may not
produce or process marijuana. A person who violates this prohibition, who fails to
pay the fee for a permit, or who violates any rules promulgated by DATCP relating
to producing or processing marijuana is subject to a criminal penalty of a fine of
between $100 and $500, imprisonment of up to six months, or both. In addition, a
person who is cultivating marijuana plants without a permit who possesses more

than six but not more than 12 marijuana plants that have reached the flowering
stage is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed
90 days or both. If the person possesses more than 12 plants that have reached the
flowering stage at one time, the person is guilty of a Class B misdemeanor, except
that, if the person takes action to hide the number of plants he or she has and the
person has in place a security system to alert him or her to the presence of law
enforcement, a method of intimidation, or a trap that could injure or kill a person
approaching the area containing the plants, the person is guilty of a Class I felony.

The bill prohibits a DOR permittee from selling, distributing, or transferring
marijuana to a person who is under the age of 21 (minor) and from allowing a minor
to be on premises for which a permit is issued. If a permittee violates one of those
prohibitions, the permittee may be subject to a civil forfeiture of not more than $500
and the permit may be suspended for up to 30 days. If a person who does not have
a permit from DOR to sell marijuana sells, distributes, or transfers marijuana to a
minor, and the person is at least three years older than the minor, the person is guilty
of a Class H felony.

Under the bill, a minor who does any of the following is subject to a forfeiture
of not less than $250 nor more than $500: procures or attempts to procure marijuana
from a permittee; falsely represents his or her age to receive marijuana from a
permittee; knowingly possesses marijuana; or knowingly enters any premises for
which a permit has been issued without being accompanied by his or her parent,
guardian, or spouse who is at least 21 years of age or at least 18 years of age if a
qualifying patient.

The bill requires DOR to create and maintain a medical marijuana registry
program whereby a person who is a qualifying patient may obtain a registry
identification card and purchase marijuana from a licensed retail establishment
without having to pay the sales or excise taxes imposed on that sale.