AB220,163
1Section
163. 346.93 (1) of the statutes is amended to read:
AB220,92,92
346.93
(1) No underage person, as defined under s. 125.02 (20m), may
3knowingly possess, transport, or have under his or her control any alcohol beverage
4or tetrahydrocannabinols in any motor vehicle
unless the. This subsection does not
5prohibit a person
who is employed by a brewer, brewpub, alcohol beverage licensee,
6wholesaler, retailer, distributor, manufacturer, or rectifier
and is from possessing,
7transporting, or having
such beverage alcohol beverages in a motor vehicle under his
8or her control during his or her working hours and in the course of employment, as
9provided under s. 125.07 (4) (bm).
AB220,164
10Section 164
. 346.935 (1) of the statutes is amended to read:
AB220,92,1311
346.935
(1) No person may drink alcohol beverages
; burn, inhale, or ingest
12products containing tetrahydrocannabinol; or inhale nitrous oxide while he or she
13is in any motor vehicle when the vehicle is upon a highway.
AB220,165
14Section 165
. 346.935 (2) of the statutes is amended to read:
AB220,92,1915
346.935
(2) No person may possess on his or her person, in a privately owned
16motor vehicle upon a public highway, any bottle or receptacle containing alcohol
17beverages
, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle has
18been opened, the seal has been broken or the contents of the bottle or receptacle have
19been partially removed or released.
AB220,166
20Section 166
. 346.935 (3) of the statutes is amended to read:
AB220,93,521
346.935
(3) The owner of a privately owned motor vehicle, or the driver of the
22vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept
23in the motor vehicle when it is upon a highway any bottle or receptacle containing
24alcohol beverages
, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle
25has been opened, the seal has been broken or the contents of the bottle or receptacle
1have been partially removed or released. This subsection does not apply if the bottle
2or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some
3other area of the vehicle not normally occupied by the driver or passengers. A utility
4compartment or glove compartment is considered to be within the area normally
5occupied by the driver and passengers.
AB220,167
6Section 167
. 349.02 (2) (b) 4. of the statutes is amended to read:
AB220,93,87
349.02
(2) (b) 4. Local ordinances enacted under s. 59.54 (25)
(a) or (25m) or
866.0107 (1) (bm).
AB220,168
9Section 168
. 349.03 (2m) of the statutes is amended to read:
AB220,93,1110
349.03
(2m) Notwithstanding sub. (2), a municipal court may suspend a license
11for a violation of a local ordinance in conformity with s. 346.63 (1)
or, (2m)
, or (2p).
AB220,169
12Section 169
. 349.06 (1m) of the statutes is amended to read:
AB220,93,1413
349.06
(1m) Notwithstanding sub. (1), a municipal court may suspend a license
14for a violation of a local ordinance in conformity with s. 346.63 (1)
or, (2m)
, or (2p).
AB220,170
15Section 170
. 350.01 (10v) (a) of the statutes is amended to read:
AB220,93,1716
350.01
(10v) (a) A controlled substance included in schedule I under ch. 961
17other than a tetrahydrocannabinol.
AB220,171
18Section 171
. 350.01 (10v) (e) of the statutes is repealed.
AB220,172
19Section 172
. 350.01 (21g) of the statutes is created to read:
AB220,93,2120
350.01
(21g) “Tetrahydrocannabinols concentration" has the meaning given in
21s. 23.33 (1) (k).
AB220,173
22Section 173
. 350.101 (1) (bg) of the statutes is created to read:
AB220,93,2523
350.101
(1) (bg)
Operating with tetrahydrocannabinols concentration at or
24above specified levels. No person may engage in the operation of a snowmobile while
25the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB220,174
1Section
174. 350.101 (1) (cg) of the statutes is created to read:
AB220,94,52
350.101
(1) (cg)
Operating with tetrahydrocannabinols concentration at or
3above specified levels; below age 21. If a person has not attained the age of 21, the
4person may not engage in the operation of a snowmobile while he or she has a
5tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.
AB220,175
6Section 175
. 350.101 (1) (d) of the statutes is amended to read:
AB220,94,157
350.101
(1) (d)
Related charges. A person may be charged with and a prosecutor
8may proceed upon a complaint based upon a violation of any combination of par. (a),
9(b),
(bg), or (bm) for acts arising out of the same incident or occurrence. If the person
10is charged with violating any combination of par. (a), (b),
(bg), or (bm), the offenses
11shall be joined. If the person is found guilty of any combination of par. (a), (b),
(bg), 12or (bm) for acts arising out of the same incident or occurrence, there shall be a single
13conviction for purposes of sentencing and for purposes of counting convictions under
14s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
(bg), and (bm) each require proof of a
15fact for conviction which the others do not require.
AB220,176
16Section 176
. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
17amended to read:
AB220,94,2418
350.101
(1) (e) 1. In an action under par. (bm) that is based on the defendant
19allegedly having a detectable amount of methamphetamine
, or 20gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
21the defendant has a defense if he or she proves by a preponderance of the evidence
22that at the time of the incident or occurrence he or she had a valid prescription for
23methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
24acid
, or delta-9-tetrahydrocannabinol.