AB68-SSA1,1538,7 7(12) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB68-SSA1,1538,9 8961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee
9may sell, distribute, or deliver marijuana to any underage person.
AB68-SSA1,1538,1110 2. No permittee may directly or indirectly permit an underage person to violate
11sub. (2m).
AB68-SSA1,1538,1412 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
13more than $500 and to a suspension of the permittee's permit for an amount of time
14not to exceed 30 days.
AB68-SSA1,1538,2015 (c) In determining whether a permittee has violated par. (a) 2., all relevant
16circumstances surrounding the presence of the underage person may be considered.
17In determining whether a permittee has violated par. (a) 1., all relevant
18circumstances surrounding the selling, distributing, or delivering of marijuana may
19be considered. In addition, proof of all of the following facts by the permittee is a
20defense to any prosecution for a violation under par. (a):
AB68-SSA1,1538,2221 1. That the underage person falsely represented that he or she had attained the
22legal age.
AB68-SSA1,1538,2423 2. That the appearance of the underage person was such that an ordinary and
24prudent person would believe that the underage person had attained the legal age.
AB68-SSA1,1539,3
13. That the action was made in good faith and in reliance on the representation
2and appearance of the underage person in the belief that the underage person had
3attained the legal age.
AB68-SSA1,1539,54 4. That the underage person supported the representation under subd. 1. with
5documentation that he or she had attained the legal age.
AB68-SSA1,1539,7 6(2) Any underage person who does any of the following is subject to a forfeiture
7of not less than $250 nor more than $500:
AB68-SSA1,1539,88 (a) Procures or attempts to procure marijuana from a permittee.
AB68-SSA1,1539,109 (b) Falsely represents his or her age for the purpose of receiving marijuana from
10a permittee.
AB68-SSA1,1539,1111 (c) Knowingly possesses or consumes marijuana.
AB68-SSA1,1539,1212 (d) Violates sub. (2m).
AB68-SSA1,1539,15 13(2m) An underage person not accompanied by his or her parent, guardian, or
14spouse who has attained the legal age may not enter, knowingly attempt to enter, or
15be on the premises of a retail outlet.
AB68-SSA1,1539,17 16(3) An individual who has attained the legal age and who knowingly does any
17of the following may be subject to a forfeiture that does not exceed $1,000:
AB68-SSA1,1539,1918 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
19owned by the individual or under the individual's control.
AB68-SSA1,1539,2020 (b) Encourages or contributes to a violation of sub. (2) (a).
AB68-SSA1,1539,24 21961.72 Restrictions; penalties. (1) No person except a permittee may sell,
22or possess with the intent to sell, marijuana. No person may distribute or deliver,
23or possess with the intent to distribute or deliver, marijuana except a permittee. Any
24person who violates a prohibition under this subsection is guilty of the following:
AB68-SSA1,1539,2525 (a) Except as provided in par. (b), a Class I felony.
AB68-SSA1,1540,4
1(b) If the individual to whom the marijuana is, or is intended to be, sold,
2distributed, or delivered has not attained the legal age and the actual or intended
3seller, distributor, or deliverer is at least 3 years older than the individual to whom
4the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.
AB68-SSA1,1540,8 5(2) (a) A person that is not a permittee who possesses an amount of marijuana
6that exceeds the permissible amount but does not exceed 28 grams of marijuana is
7subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days
8or both.
AB68-SSA1,1540,109 (b) A person who is not a permittee who possesses an amount of marijuana that
10exceeds 28 grams of marijuana:
AB68-SSA1,1540,1111 1. Except as provided in subd. 2., a Class B misdemeanor.
AB68-SSA1,1540,1312 2. A Class I felony if the person has taken action to hide how much marijuana
13the person possesses and any of the following applies:
AB68-SSA1,1540,1614 a. The person has in place a system that could alert the person if law
15enforcement approaches an area that contains marijuana if the system exceeds a
16security system that would be used by a reasonable person in the person's region.
AB68-SSA1,1540,1917 b. The person has in place a method of intimidating individuals who approach
18an area that contains marijuana if the method exceeds a method that would be used
19by a reasonable person in the person's region.
AB68-SSA1,1540,2120 c. The person has rigged a system so that any individual approaching the area
21may be injured or killed by the system.
AB68-SSA1,1540,2322 (c) A person who is not a permittee who possesses more than 6 marijuana plants
23that have reached the flowering stage at one time is one of the following: