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3. That the action was made in good faith and in reliance on the representation
6and appearance of the underage person in the belief that the underage person had
7attained the legal age.
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4. That the underage person supported the representation under subd. 1. with
9documentation that he or she had attained the legal age.
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10(2) Any underage person who does any of the following is subject to a forfeiture
11of 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
14a permittee.
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(c) Knowingly possesses or consumes marijuana.
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(d) Violates sub. (2m).
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17(2m) An underage person not accompanied by his or her parent, guardian, or
18spouse who has attained the legal age may not enter, knowingly attempt to enter, or
19be on the premises of a retail outlet.
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20(3) An individual who has attained the legal age and who knowingly does any
21of the following may be subject to a forfeiture that does not exceed $1,000:
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(a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
23owned 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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1961.72 Restrictions; penalties. (1) No person except a permittee may sell,
2or possess with the intent to sell, marijuana. No person may distribute or deliver,
3or possess with the intent to distribute or deliver, marijuana except a permittee. Any
4person 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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(b) If the individual to whom the marijuana is, or is intended to be, sold,
7distributed, or delivered has not attained the legal age and the actual or intended
8seller, distributor, or deliverer is at least 3 years older than the individual to whom
9the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
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10(2) (a) A person that is not a permittee who possesses an amount of marijuana
11that exceeds the permissible amount but does not exceed 28 grams of marijuana is
12subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days
13or both.
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(b) A person who is not a permittee who possesses an amount of marijuana that
15exceeds 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
18the 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
20enforcement approaches an area that contains marijuana if the system exceeds a
21security 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
23an area that contains marijuana if the method exceeds a method that would be used
24by a reasonable person in the person's region.
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1c. The person has rigged a system so that any individual approaching the area
2may 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
4that 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
6exceed $1,000 or imprisonment not to exceed 90 days or both.
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2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number
8of 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
10the flowering stage is more than 12, if the individual has taken action to hide the
11number of marijuana plants that have reached the flowering stage, and if any of the
12following applies:
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a. The person has in place a system that could alert the person if law
14enforcement approaches an area that contains marijuana plants if the system
15exceeds a security system that would be used by a reasonable person in the person's
16region.
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b. The person has in place a method of intimidating individuals who approach
18an area that contains marijuana plants if the method exceeds a method that would
19be 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
21that contains marijuana plants may be injured or killed by the system.
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(d) No person except a permittee may possess marijuana plants that have
23reached the flowering stage. Any person who violates this prohibition must apply
24for a permit under s. 139.972; in addition, the person is one of the following: