AB220,105,1710 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
11is based on the defendant allegedly having a detectable amount of
12methamphetamine or gamma-hydroxybutyric acid or
13delta-9-tetrahydrocannabinol
in his or her blood, the defendant has a defense if he
14or she proves by a preponderance of the evidence that at the time of the incident or
15occurrence he or she had a valid prescription for methamphetamine or one of its
16metabolic precursors or gamma-hydroxybutyric acid or
17delta-9-tetrahydrocannabinol.
AB220,217 18Section 217 . 940.09 (2) (c) of the statutes is created to read:
AB220,105,2419 940.09 (2) (c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is
20based on the defendant allegedly having a tetrahydrocannabinols concentration that
21is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance
22of the evidence that at the time of the incident or occurrence he or she had a valid
23prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
24defined in s. 50.80 (6).
AB220,218 25Section 218 . 940.25 (1) (bg) of the statutes is created to read:
AB220,106,3
1940.25 (1) (bg) Causes great bodily harm to another human being by the
2operation of a vehicle while the person has a tetrahydrocannabinols concentration
3of 5.0 or more.
AB220,219 4Section 219 . 940.25 (1) (dg) of the statutes is created to read:
AB220,106,75 940.25 (1) (dg) Causes great bodily harm to an unborn child by the operation
6of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or
7more.
AB220,220 8Section 220 . 940.25 (1m) of the statutes is amended to read:
AB220,106,139 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of
12sub. (1) (c), (cm), or (d), or (dg); or any combination of sub. (1) (c), (cm), (dg), or (e) for
13acts arising out of the same incident or occurrence.
AB220,106,2214 (b) If a person is charged in an information with any of the combinations of
15crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person
16is found guilty of more than one of the crimes so charged for acts arising out of the
17same incident or occurrence, there shall be a single conviction for purposes of
18sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3.,
19under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q)
20and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm),
21(c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others
22do not require.
AB220,221 23Section 221 . 940.25 (2) (a) of the statutes is amended to read:
AB220,107,524 940.25 (2) (a) The defendant has a defense if he or she proves by a
25preponderance of the evidence that the great bodily harm would have occurred even

1if he or she had been exercising due care and he or she had not been under the
2influence of an intoxicant, did not have a detectable amount of a restricted controlled
3substance in his or her blood, did not have a tetrahydrocannabinols concentration of
45.0 or greater,
or did not have an alcohol concentration described under sub. (1) (b),
5(bm), (d) or (e).
AB220,222 6Section 222 . 940.25 (2) (b) of the statutes is amended to read:
AB220,107,137 940.25 (2) (b) In any action under this section that is based on the defendant
8allegedly having a detectable amount of methamphetamine, or
9gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
13acid, or delta-9-tetrahydrocannabinol.
AB220,223 14Section 223 . 940.25 (2) (c) of the statutes is created to read:
AB220,107,1915 940.25 (2) (c) In any action under this section that is based on the defendant
16allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the
17defendant has a defense if he or she proves by a preponderance of the evidence that
18at the time of the incident or occurrence he or she had a valid prescription for
19tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,224 20Section 224 . 941.20 (1) (bg) of the statutes is created to read:
AB220,108,221 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a
22tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
23defense to any action under this paragraph if he or she proves by a preponderance
24of the evidence that at the time of the incident or occurrence he or she had a valid

1prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
2defined in s. 50.80 (6).
AB220,225 3Section 225 . 941.20 (1) (bm) of the statutes is amended to read:
AB220,108,124 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a
5detectable amount of a restricted controlled substance in his or her blood. A
6defendant has a defense to any action under this paragraph that is based on the
7defendant allegedly having a detectable amount of methamphetamine , or
8gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
9if he or she proves by a preponderance of the evidence that at the time of the incident
10or occurrence he or she had a valid prescription for methamphetamine or one of its
11metabolic precursors, or gamma-hydroxybutyric acid, or
12delta-9-tetrahydrocannabinol
.
AB220,226 13Section 226 . 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
14to read:
AB220,108,2415 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis,
16whether growing or not, with a tetrahydrocannabinols concentration that is greater
17than 0.3 percent on a dry weight basis
; the seeds thereof; the resin extracted from
18any part of the plant; and every compound, manufacture, salt, derivative, mixture,
19or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.
20“Marijuana" does include the mature stalks if mixed with other parts of the plant,
21but does not include fiber produced from the stalks, oil or cake made from the seeds
22of the plant, any other compound, manufacture, salt, derivative, mixture , or
23preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
24cake or the sterilized seed of the plant which is incapable of germination.
AB220,227 25Section 227 . 961.11 (4g) of the statutes is repealed.
AB220,228
1Section 228. 961.14 (4) (t) of the statutes is repealed.
AB220,229 2Section 229 . 961.32 (2m) of the statutes is repealed.
AB220,230 3Section 230 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
4as renumbered, is amended to read:
AB220,109,5 5961.75 (title) Controlled substances Marijuana therapeutic research.
AB220,231 6Section 231 . 961.38 (1n) of the statutes is repealed.
AB220,232 7Section 232 . 961.41 (1) (h) of the statutes is repealed.