The bill allows law enforcement officers discretion in how they complete
processing or “booking” of a person for a violation of state law or a local ordinance
prohibiting possession or attempted possession of marijuana or marijuana
paraphernalia, including whether to take the person to jail, complete a booking
photo, or fingerprint the person. Under the bill, however, a law enforcement officer
must still obtain certain personal information from the person sufficient for
identification, including at least the person's name and current address.
The bill, subject to certain exceptions, limits the liability of an employer that
does not require an employee or prospective employee to submit to a test for the
presence of any tetrahydrocannabinol (THC), which is the active ingredient in
marijuana, synthetic cannabinoid, or a controlled substance analog to THC or a
synthetic cannabinoid in his or her system (drug testing) as a condition of
employment.
The bill does not apply to the drug testing of an employee or prospective
employee who is subject to drug testing under 1) any regulation promulgated by the
federal Department of Transportation that requires drug testing of an employee or
prospective employee or any rule promulgated by the Department of Transportation
of this state adopting such a regulation for purposes of enforcing the requirements
of that regulation with respect to intrastate commerce; 2) any contract entered into
between the federal government and an employer or any grant of financial assistance
from the federal government to an employer that requires drug testing of employees
and prospective employees as a condition of receiving the contract or grant; 3) any
federal statute, regulation, order, or other requirement or condition that requires
drug testing of employees and prospective employees for purposes of safety or
security; 4) any substance abuse prevention program under a collective bargaining
agreement or under the current law that requires such programs for public works
and public utility projects; 5) rules promulgated by the Law Enforcement Standards
Board requiring drug testing of prospective law enforcement officers, tribal law
enforcement officers, jail officers, and secure detention officers; or 6) any employer
requirement that an employee be a licensed private security person and carry a
firearm in the course of employment.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB790,1
1Section
1. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB790,4,42
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
3the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
4s. 961.41 (3g) (intro.)
, and. The board may provide a forfeiture for a violation of the
5ordinance
; except that if. If the board provides a forfeiture, the amount for the
6possession of not more than 14 grams of marijuana may not be less than the
7maximum amount of the forfeiture in s. 961.41 (3g) (e) 1. nor more than $250. If the
8defendant appears in court, the court may impose for each violation not less than 16
9nor more than 40 hours of community service in lieu of the forfeiture. If a complaint
10is issued regarding an allegation of possession of more than
25 28 grams of
1marijuana,
or possession of any amount of marijuana following a conviction in this
2state for possession of marijuana, the subject of the complaint may not be prosecuted
3under this subsection for the same action that is the subject of the complaint unless
4all of the following occur:
SB790,2
5Section
2. 66.0107 (1) (bm) of the statutes is amended to read:
SB790,4,186
66.0107
(1) (bm) Enact and enforce an ordinance to prohibit the possession of
7marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
8(intro.), and provide a forfeiture for a violation of the ordinance
; except that if. If the
9board or council provides a forfeiture, the amount for the possession of not more than
1014 grams of marijuana may not be less than the maximum amount of the forfeiture
11in s. 961.41 (3g) (e) 1. nor more than $250. If the defendant appears in court, the court
12may impose for each violation not less than 16 nor more than 40 hours of community
13service in lieu of the forfeiture. If a complaint is issued regarding an allegation of
14possession of more than
25 28 grams of marijuana,
or possession of any amount of
15marijuana following a conviction in this state for possession of marijuana, the subject
16of the complaint may not be prosecuted under this paragraph for the same action that
17is the subject of the complaint unless the charges are dismissed or the district
18attorney declines to prosecute the case.
SB790,3
19Section 3
. 66.0108 of the statutes is created to read:
SB790,4,21
2066.0108 Discretion in processing certain marijuana violations. (1) In
21this section, “law enforcement officer” has the meaning given in s. 165.85 (2) (c).
SB790,5,6
22(2) In processing a person for possession or attempted possession of not more
23than 14 grams of marijuana, as defined in s. 961.01 (14), in violation of s. 961.41 (3g)
24(e) 1., for violation of an ordinance prohibiting the possession of marijuana under s.
2559.54 (25) or 66.0107 (1) (bm), or for a violation under s. 961.573 (1m) or 961.574 (1m),
1a law enforcement officer may exercise discretion regarding what, if any, standard
2procedures to complete, including determining whether or not to take the person to
3jail, complete fingerprinting, or have a formal police photograph taken.
4Notwithstanding the use of discretion otherwise permitted under this section, a law
5enforcement officer shall obtain sufficient personal information for identification,
6including at least the person's name and current address.
SB790,4
7Section 4
. 103.157 of the statutes is created to read:
SB790,5,9
8103.157 Employer nonliability for not testing for marijuana or
9synthetic cannabinoids; exceptions. (1) Definitions. In this section:
SB790,5,1010
(a) “Controlled substance analog" has the meaning given in s. 961.01 (4m).
SB790,5,1611
(b) “Employer" means any person engaging in any activity, enterprise, or
12business employing at least one individual. “Employer" includes the state, its
13political subdivisions, and any office, department, independent agency, authority,
14institution, association, society, or other body in state or local government created or
15authorized to be created by the constitution or any law, including the legislature and
16the courts.
SB790,5,1717
(c) “Synthetic cannabinoid" means a substance included under s. 961.14 (4) (tb).
SB790,5,1818
(d) “Tetrahydrocannabinol" means a substance included under s. 961.14 (4) (t).
SB790,5,23
19(2) Employer liability. Except as provided in sub. (3), no employer may be held
20liable for not requiring an employee or prospective employee to submit to testing for
21the presence of any tetrahydrocannabinol, synthetic cannabinoid, or controlled
22substance analog of a tetrahydrocannabinol or synthetic cannabinoid in his or her
23system as a condition of employment.
SB790,6,3
24(3) Exceptions. Subsection (2) does not apply to an employer who fails to test
25for the presence of any tetrahydrocannabinol, synthetic cannabinoid, or controlled
1substance analog of a tetrahydrocannabinol or synthetic cannabinoid in the system
2of an employee or prospective employee if the employee or prospective employee is
3required to subject to drug testing under any of the following:
SB790,6,84
(a) Any regulation promulgated by the federal department of transportation
5that requires testing of an employee or prospective employee in accordance with
49
6CFR 40 or any rule promulgated by the department of transportation of this state
7adopting such a regulation for purposes of enforcing the requirements of that
8regulation with respect to intrastate commerce.
SB790,6,129
(b) Any contract entered into between the federal government and an employer
10or any grant of financial assistance from the federal government to an employer that
11requires drug testing of employees and prospective employees as a condition of
12receiving the contract or grant.
SB790,6,1513
(c) Any federal statute, regulation, order, or other requirement or condition
14that requires drug testing of employees and prospective employees for purposes of
15safety or security.
SB790,6,1816
(d) A substance abuse prevention program under s. 103.503 or under a
17collective bargaining agreement between an employer and a labor organization
18representing employees and prospective employees of the employer.
SB790,6,2119
(e) Rules promulgated by the law enforcement standards board requiring drug
20testing of prospective law enforcement officers, tribal law enforcement officers, jail
21officers, and secure detention officers.
SB790,6,2422
(f) Any employer requirement that an employee be a licensed private security
23person under s. 440.26 and that the employee carry a firearm in the course of his or
24her employment.
SB790,5
25Section
5. 778.25 (1) (a) 2m. of the statutes is created to read: