Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB506 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 506
5	5	October 18, 2023 - Introduced by Representatives MADISON, SHELTON, OHNSTAD, C.
6	6	ANDERSON, J. ANDERSON, BALDEH, BARE, CLANCY, CONLEY, CONSIDINE, DRAKE,
7	7	EMERSON, GOYKE, HAYWOOD, HONG, JACOBSON, JOERS, MOORE OMOKUNDE,
8	8	MYERS, NEUBAUER, ORTIZ-VELEZ, PALMERI, RATCLIFF, SINICKI, SNODGRASS and
9	9	STUBBS, cosponsored by Senators AGARD, L. JOHNSON, CARPENTER, HESSELBEIN,
10	10	LARSON, PFAFF, ROYS, SMITH, SPREITZER and TAYLOR. Referred to Committee on
11	11	State Affairs.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to repeal 94.55 (2t), 961.11 (4g), 961.14 (4) (t), 961.32 (2m), 961.38 (1n),
14	14	961.41 (1) (h), 961.41 (1m) (h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7.,
15	15	961.571 (1) (a) 11. e., 961.571 (1) (a) 11. k. and L. and 967.055 (1m) (b) 5.; to
16	16	renumber and amend 115.35 (1), 961.01 (14) and 961.34; to amend 20.115
17	17	(7) (gc), 49.148 (4) (a), 49.79 (1) (b), 59.54 (25) (title), 59.54 (25) (a) (intro.),
18	18	66.0107 (1) (bm), 111.35 (2) (e), 114.09 (2) (bm) 1. (intro.), 114.09 (2) (bm) 4.,
19	19	157.06 (11) (i), 175.35 (2g) (c) 4. a., 289.33 (3) (d), 349.02 (2) (b) 4., 961.41 (1r),
20	20	961.41 (1x), 961.41 (3g) (c), 961.41 (3g) (d), 961.41 (3g) (em), 961.47 (1), 961.48
21	21	(3), 961.48 (5), 961.49 (1m) (intro.), 961.571 (1) (a) 11. (intro.), 971.365 (1) (a),
22	22	971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); and to create 16.282, 20.115 (7)
23	23	(ge), 20.192 (1) (t), 20.255 (2) (r), 20.395 (5) (db), 20.435 (1) (s), 20.437 (3) (r),
24	24	20.505 (1) (t), 20.566 (1) (bn), 20.835 (2) (eq), 25.316, 48.47 (20), 66.04185, 73.17,
25	25	77.54 (71), 94.56, 94.57, 100.145, 108.02 (18r), 108.04 (5m), 111.32 (9m), 111.32
26	26	(11m), subchapter IV of chapter 139 [precedes 139.97], 157.06 (11) (hm), 175.35
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43	43	(2g) (b) 3., 238.139, 250.22 and subchapter VIII of chapter 961 [precedes 961.70]
44	44	of the statutes; relating to: legalizing the possession of marijuana; medical
45	45	marijuana; regulating the production, processing, and sale of marijuana;
46	46	expunging or redesignating past convictions for marijuana-related crimes;
47	47	equity grants; making an appropriation; and providing a penalty.
48	48	Analysis by the Legislative Reference Bureau
49	49	MARIJUANA LEGALIZA TION AND REGULA TION
50	50	Under this bill, a person who is at least 21 years old may legally possess
51	51	marijuana for recreational purposes. A person of any age may possess marijuana for
52	52	medical purposes. Under the bill, a person may produce, process, or sell marijuana
53	53	if the person has a permit. This bill creates an excise tax for the privilege of
54	54	producing, processing, distributing, or selling marijuana in this state, and 60 percent
55	55	of the revenue collected from the tax is deposited into a segregated fund called the
56	56	“community reinvestment fund.” Under the bill, a person who may possess medical
57	57	marijuana is not subject to sales or excise taxes on the purchase or use of the
58	58	marijuana. The bill does not affect federal law, which generally prohibits persons
59	59	from manufacturing, delivering, or possessing marijuana and applies to both
60	60	intrastate and interstate violations.
61	61	Legalizing the possession of marijuana
62	62	Current law prohibits a person from manufacturing, distributing, or delivering
63	63	marijuana; possessing marijuana with the intent to manufacture, distribute, or
64	64	deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;
65	65	or possessing drug paraphernalia with the intent to produce, distribute, or use a
66	66	controlled substance. The bill changes state law to allow a person who is at least 21
67	67	to possess not more than five ounces of marijuana. The bill also allows a qualifying
68	68	patient to possess marijuana for medical purposes. Under the bill, a qualifying
69	69	patient is an individual of any age who has been diagnosed by a physician as having
70	70	or undergoing a debilitating medical condition or treatment. The bill also eliminates
71	71	the prohibition on possessing or using drug paraphernalia that relates to marijuana
72	72	consumption.
73	73	Under the bill, a person who is at least 21 who possesses more than five ounces
74	74	of marijuana is subject to a penalty, which varies depending on the amount of
75	75	overage. Under the bill, if the overage is not more than one ounce, the person is
76	76	subject to a forfeiture of not more than $100; if the overage is more than one ounce
77	77	but not more than 16 ounces, the person is guilty of a misdemeanor and subject to
78	78	a fine of not more than $500; and if the overage is more than 16 ounces, the person
79	79	is guilty of a misdemeanor and subject to a fine of not more than $1,000 or a sentence
80	80	of imprisonment for not more than 90 days or both. In the last described case, the
81	81	person is guilty of a Class I felony if the person also takes action to hide the amount
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90	90	of marijuana he or she has and has in place a security system to alert him or her to
91	91	the presence of law enforcement or a method to intimidate, or a system that could
92	92	injure or kill, a person approaching the area containing the marijuana.
93	93	Under the bill, a person who is under 21 who possesses marijuana is subject to
94	94	a penalty, which varies depending on the amount possessed. If the violation involves
95	95	not more than one-quarter of an ounce, the person is subject to a forfeiture of not
96	96	more than $50; if the violation involves more than one-quarter of an ounce but not
97	97	more than five ounces, the person is subject to a forfeiture of not more than $100; and
98	98	if the violation involves more than five ounces, the person is subject to a forfeiture
99	99	of not more than $200.
100	100	Regulating the production, processing, and selling marijuana
101	101	Under the bill, with certain exceptions, no person may sell or distribute, or
102	102	possess with the intent to sell or distribute, marijuana unless the person has a permit
103	103	from the Department of Revenue. The penalties for violating the prohibition vary
104	104	depending on the recipient, the age of the violator, and the amount of marijuana
105	105	involved.
106	106	If a person who is at least 21 violates the prohibition on selling, or possessing
107	107	with the intent to sell, marijuana, the person is guilty of a misdemeanor and subject
108	108	to a fine of not more than $500 if the violation involves not more than one ounce of
109	109	marijuana, the person is guilty of a misdemeanor and subject to a fine of not more
110	110	than $1,000 if the violation involves more than one ounce but not more than 10
111	111	ounces, the person is guilty of a misdemeanor and subject to a fine of not more than
112	112	$5,000 if the violation involves more than 10 ounces but not more than 15 ounces, and
113	113	the person is guilty of a Class I felony if the violation involves more than 15 ounces.
114	114	If a person who is at least 21 violates the prohibition on selling, or possessing with
115	115	the intent to sell, marijuana and the recipient is under 21 and at least three years
116	116	younger than the person, then the person is guilty of a misdemeanor and subject to
117	117	fine of not more than $1,000 or imprisonment for up to 90 days or both if the violation
118	118	involves not more than five ounces and is guilty of a Class H felony if the violation
119	119	involves more than five ounces. If a person who is under 21 violates the prohibition
120	120	on selling, or possessing with the intent to sell, marijuana, the person is subject to
121	121	a forfeiture of not more than $100 if the violation involves not more than five ounces,
122	122	guilty of a misdemeanor and subject to a fine of not more than $500 if the violation
123	123	involves more than five ounces but not more than 20 ounces, and guilty of a
124	124	misdemeanor and subject to a fine of not more than $1,000 or imprisonment for not
125	125	more than 90 days or both if the violation involves more than 20 ounces. The
126	126	prohibition on sales does not apply to a sale of not more than one-quarter of an ounce
127	127	to a person who is at least 21 if the compensation the seller receives for the sale is
128	128	less than or equal to the amount the seller paid for the marijuana.
129	129	If a person who is at least 21 violates the prohibition on distributing, or
130	130	possessing with the intent to distribute, marijuana, the person is subject to a
131	131	forfeiture of not more than $250 if the violation involves not more than five ounces
132	132	of marijuana, and the person is guilty of a misdemeanor and subject to a fine of not
133	133	more than $500 if the violation involves more than five ounces. If a person who is
134	134	at least 21 violates the prohibition on distributing, or possessing with the intent to - 4 -2023 - 2024 Legislature LRB-4468/1
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137	137	distribute, marijuana and the recipient is under 21 and at least three years younger
138	138	than the person, then the person is guilty of a misdemeanor and subject to a fine of
139	139	not more than $1,000 or imprisonment for up to 90 days or both if the violation
140	140	involves not more than five ounces and is guilty of a Class H felony if the violation
141	141	involves more than five ounces. If a person who is under 21 violates the prohibition
142	142	on distributing, or possessing with the intent to distribute, marijuana, the person is
143	143	subject to a forfeiture of not more than $100 if the violation involves not more than
144	144	five ounces, guilty of a misdemeanor and subject to a fine of not more than $500 if
145	145	the violation involves more than five ounces but not more than 20 ounces, and guilty
146	146	of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for
147	147	not more than 90 days or both if the violation involves more than 20 ounces. The
148	148	prohibition on distribution does not apply if the distribution involves not more than
149	149	one-quarter of an ounce and is to a person who is at least 21 or if the distribution
150	150	involves less than five ounces and is made to a person who cohabitates with the
151	151	distributor.
152	152	The bill requires a person to obtain separate permits from DOR to produce,
153	153	process, distribute, or sell marijuana or to sell marijuana for on-premises
154	154	consumption (marijuana lounge), and requires marijuana producers and processors
155	155	to obtain additional permits from the Department of Agriculture, Trade and
156	156	Consumer Protection. The requirements for obtaining these permits differ based on
157	157	whether the permit is issued by DOR or DATCP but, in general, a person may not
158	158	obtain such a permit if he or she is not a state resident, is under the age of 21, or has
159	159	been convicted of certain crimes or committed certain offenses. In addition, a person
160	160	may not operate under a DOR or DATCP permit within 500 feet of a school,
161	161	playground, recreation facility, child care facility, public park, public transit facility,
162	162	or library, and a person may not operate a marijuana lounge unless the municipality
163	163	or county in which the marijuana lounge is located has enacted an ordinance
164	164	authorizing such operation. A person who holds a permit from DOR must also
165	165	comply with certain operational requirements.
166	166	Under the bill, a permit applicant with 20 or more employees may not receive
167	167	a permit from DATCP or DOR unless the applicant certifies that the applicant has
168	168	entered into a labor peace agreement with a labor organization. The labor peace
169	169	agreement prohibits the labor organization and its members from engaging in any
170	170	economic interference with persons doing business in this state, prohibits the
171	171	applicant from disrupting the efforts of the labor organization to communicate with
172	172	and to organize and represent the applicant's employees, and provides the labor
173	173	organization access to areas in which the employees work to discuss employment
174	174	rights and the terms and conditions of employment. Current law prohibits the state
175	175	and any local unit of government from requiring a labor peace agreement as a
176	176	condition for any regulatory approval. The permit requirements under the bill are
177	177	not subject to that prohibition.
178	178	The bill also requires DATCP and DOR to use a competitive scoring system to
179	179	determine which applicants are eligible to receive permits. Each department must
180	180	issue permits to the highest scoring applicants that it determines will best protect
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185	185	worker and consumer safety; operate secure facilities; and uphold the laws of the
186	186	jurisdictions in which they operate. Each department may deny a permit to an
187	187	applicant with a low score.
188	188	The bill prohibits a DOR permittee from selling, distributing, or transferring
189	189	marijuana to a minor and from allowing a minor to be on premises for which a permit
190	190	is issued. If a permittee violates one of those prohibitions, the permittee may be
191	191	subject to a civil forfeiture of not more than $500 and the permit may be suspended
192	192	for up to 90 days.
193	193	Under the bill, a minor, except a minor who is a qualifying patient, who does
194	194	any of the following is subject to a forfeiture of not more than $250: procures or
195	195	attempts to procure marijuana from a permittee; falsely represents his or her age or
196	196	falsely represents that he or she is a qualifying patient to receive marijuana from a
197	197	permittee; or knowingly enters any premises for which a permit has been issued
198	198	without being accompanied by his or her parent, guardian, or spouse who is at least
199	199	21 years of age.
200	200	Under the bill, an individual may cultivate as many as six marijuana plants.
201	201	Only a person who has a permit from DATCP may produce or process more
202	202	marijuana plants. A person without a permit who possesses more than six but not
203	203	more than 12 marijuana plants that have reached the flowering stage is subject to
204	204	a forfeiture not to exceed twice the permitting fee ($250 under the bill). If the person
205	205	possesses more than 12 plants that have reached the flowering stage, the person is
206	206	guilty of a misdemeanor and subject to a fine not to exceed $1,000 or imprisonment
207	207	not to exceed 90 days or both. The person is guilty of a Class I felony if the person
208	208	also takes action to hide the number of plants he or she has and the person also has
209	209	in place a security system to alert him or her to the presence of law enforcement or
210	210	a method to intimidate, or a system that could injure or kill, a person approaching
211	211	the area containing the plants.
212	212	The bill requires DOR to create and maintain a medical marijuana registry
213	213	program whereby a person who is a qualifying patient may obtain a registry
214	214	identification card and purchase marijuana from a retail establishment without
215	215	having to pay the sales or excise taxes imposed on that sale. A “qualifying patient”
216	216	is a person who has been diagnosed by a physician as having a debilitating medical
217	217	condition such as cancer, glaucoma, AIDS, or another specified condition or is
218	218	undergoing a debilitating medical treatment.
219	219	Previous convictions relating to marijuana
220	220	The bill requires the director of state courts to review records of acts that have
221	221	been decriminalized under the bill. If a record is for a conviction for an act that the
222	222	bill decriminalizes or lessens the penalty for, the sentencing court must be notified.
223	223	If the act was a misdemeanor, the court must dismiss the conviction and expunge the
224	224	record or, if applicable, redesignate it to a lesser crime. If the act was a felony, the
225	225	court must determine if it is in the public interest to dismiss the conviction and
226	226	expunge the record or, if applicable, redesignate it to a lesser crime. The presumption
227	227	is that such actions are in the public interest unless there is clear and convincing
228	228	evidence that the actions would create a risk to public safety. If the felony is
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232	232	must determine if there is good cause to restore the person's right to possess a
233	233	firearm. Finally, if the record is for an arrest or a charge for an act that the bill
234	234	decriminalizes or lessens the penalty for, the director of state courts must expunge
235	235	such records.
236	236	Registration for THC testing labs
237	237	The bill requires DATCP to register entities as tetrahydrocannabinols
238	238	(THC)-testing laboratories. The laboratories must test marijuana for contaminants;
239	239	research findings on the use of medical marijuana; and provide training on safe and
240	240	efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana,
241	241	security and inventory accountability, and research on medical marijuana.
242	242	Discrimination based on marijuana use
243	243	Under the fair employment law, no employer or other person may engage in any
244	244	act of employment discrimination against any individual on the basis of the
245	245	individual's use or nonuse of lawful products off the employer's premises during
246	246	nonworking hours, subject to certain exceptions, one of which is if the use impairs
247	247	the individual's ability to undertake adequately the job-related responsibilities of
248	248	that individual's employment. The bill specifically defines marijuana as a lawful
249	249	product for purposes of the fair employment law, such that no person may engage in
250	250	any act of employment discrimination against an individual because of the
251	251	individual's use of marijuana off the employer's premises during nonworking hours,
252	252	subject to those exceptions.
253	253	Under current law, an individual may be disqualified from receiving
254	254	unemployment insurance benefits if he or she is terminated because of misconduct
255	255	or substantial fault. The bill specifically provides that an employee's use of
256	256	marijuana off the employer's premises during nonworking hours does not constitute
257	257	misconduct or substantial fault unless termination for that use is permitted under
258	258	one of the exceptions under the fair employment law.
259	259	Unless federal law requires otherwise, the bill prohibits a hospital, physician,
260	260	organ procurement organization, or other person from determining the ultimate
261	261	recipient of an anatomical gift on the sole basis of a positive test for the use of
262	262	marijuana by a potential recipient.
263	263	Drug screening and testing
264	264	The bill exempts THC, including marijuana, from drug testing for certain
265	265	public assistance programs. Currently, a participant in a community service job or
266	266	transitional placement under the Wisconsin Works program (W2) or a recipient of
267	267	the FoodShare program, also known as the food stamp program, who is convicted of
268	268	possession, use, or distribution of a controlled substance must submit to a test for
269	269	controlled substances as a condition of continued eligibility. The Department of
270	270	Health Services is currently required to request a waiver of federal Medicaid law to
271	271	require drug screening and testing as a condition of eligibility for the childless adult
272	272	demonstration project in the Medical Assistance program. Current law also requires
273	273	DHS to promulgate rules to develop and implement a drug screening, testing, and
274	274	treatment policy for able-bodied adults without dependents in the FoodShare
275	275	employment and training program. The bill exempts THC from all of those
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280	280	controlled substance under state law under the bill, the requirement under current
281	281	law that the Department of Children and Families promulgate rules to create a
282	282	controlled substance abuse screening and testing requirement for applicants for the
283	283	work experience program for noncustodial parents under W2 and the Transform
284	284	Milwaukee Jobs and Transitional Jobs programs does not include THC.
285	285	Under current law, the Department of Workforce Development must establish
286	286	a program to test claimants who apply for unemployment insurance benefits for the
287	287	presence of controlled substances, as defined under federal law. If a claimant tests
288	288	positive for a controlled substance, the claimant may be denied UI benefits, subject
289	289	to certain exceptions and limitations. The bill excludes THC for purposes of this
290	290	testing requirement. As such, under the bill, an individual who tests positive for
291	291	THC may not be denied UI benefits.
292	292	Equity grants and program for law enforcement training
293	293	The bill provides for a number of grants to be paid from the revenue generated
294	294	from the excise tax on marijuana that is deposited into the community reinvestment
295	295	fund. For example, the bill requires the Department of Administration to provide
296	296	grants to public, private, and nonprofit entities in this state that promote diversity
297	297	and advance equity and inclusion, including promoting the inclusion of women and
298	298	racial and ethnic minorities in the production and sale of marijuana. In addition, the
299	299	bill directs DHS to award grants to community organizations to implement
300	300	community health worker care models. The bill also directs DHS to award grants
301	301	to community organizations and local or tribal health departments to hire health
302	302	equity strategists and to implement health equity action plans in small geographic
303	303	areas.
304	304	The bill appropriates $125,000 in fiscal year 2023-24 and $250,000 in fiscal
305	305	year 2024-25 for the Department of Transportation's Drug Evaluation and
306	306	Classification Program. The program provides training for law enforcement officers
307	307	and others in the recognition of drug influence and impairment.
308	308	Because this bill creates a new crime or revises a penalty for an existing crime,
309	309	the Joint Review Committee on Criminal Penalties may be requested to prepare a
310	310	report.
311	311	Because this bill relates to an exemption from state or local taxes, it may be
312	312	referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
313	313	as an appendix to the bill.
314	314	For further information see the state and local fiscal estimate, which will be
315	315	printed as an appendix to this bill.
316	316	The people of the state of Wisconsin, represented in senate and assembly, do
317	317	enact as follows:
318	318	SECTION 1. 16.282 of the statutes is created to read:1 - 8 -2023 - 2024 Legislature LRB-4468/1
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321	321	16.282 Equity grants. The department shall develop and administer a grants
322	322	program to provide grants to public, private, and nonprofit entities in this state that
323	323	promote diversity and advance equity and inclusion, including promoting the
324	324	inclusion of women and racial and ethnic minorities in the production and sale of
325	325	marijuana.
326	326	SECTION 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
327	327	the following amounts for the purposes indicated:
328	328	2023-24 2024-25
329	329	20.192 Wisconsin Economic Development
330	330	Corporation
331	331	(1) PROMOTION OF ECONOMIC DEVELOPMENT
332	332	(t)Underserved community grants SEG A -0- 5,000,000
333	333	20.255 Public instruction, department of
334	334	(2) AIDS FOR LOCAL EDUCATIONAL PROGRAMMING
335	335	(r)Sparsity aid; community
336	336	reinvestment fund supplement SEG A -0- 34,852,800
337	337	20.395 Transportation, department of
338	338	(5) MOTOR VEHICLE SERVICES AND ENFORCEMENT
339	339	(db)Drug evaluation and classifica
340	340	tion program GPR A 125,000 250,000
341	341	20.435 Health services, department of
342	342	(1) PUBLIC HEALTH SERVICES PLANNING, REGULATION,
343	343	AND DELIVERY
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370	370	(s) Health equity grants SEG A -0- 20,000,000
371	371	20.437 Children and families, department of
372	372	(3) GENERAL ADMINISTRATION
373	373	(r) Diversity, equity, and inclusion
374	374	grants; community reinvestment
375	375	fund supplement SEG A -0- 5,000,000
376	376	20.505 Administration, department of
377	377	(1) SUPERVISION AND MANAGEMENT
378	378	(t)Equity grants; community rein
379	379	vestment fund SEG A -0- 5,000,000
380	380	20.566 Revenue, department of
381	381	(1) COLLECTION OF TAXES
382	382	(bn)Administration and enforcement
383	383	of marijuana tax and regulationGPR A 3,236,600 2,010,100
384	384	SECTION 3. 20.115 (7) (gc) of the statutes is amended to read:
385	385	20.115 (7) (gc) Industrial hemp and marijuana. All moneys received under s.
386	386	94.55 for regulation of activities relating to industrial hemp under s. 94.55 and to
387	387	marijuana under s. 94.56.
388	388	SECTION 4. 20.115 (7) (ge) of the statutes is created to read:
389	389	20.115 (7) (ge) Marijuana producers and processors; official logotype. All
390	390	moneys received under s. 94.56 for regulation of activities relating to marijuana
391	391	under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
392	392	the creation of a logotype under s. 100.145.
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417	417	SECTION 5 ASSEMBLY BILL 506
418	418	SECTION 5. 20.192 (1) (t) of the statutes is created to read:
419	419	20.192 (1) (t) Underserved community grants. From the community
420	420	reinvestment fund, the amounts in the schedule for the purpose of providing
421	421	underserved community grants under s. 238.139.
422	422	SECTION 6. 20.255 (2) (r) of the statutes is created to read:
423	423	20.255 (2) (r) Sparsity aid; community reinvestment fund supplement. From
424	424	the community reinvestment fund, the amounts in the schedule for sparsity aid to
425	425	school districts under s. 115.436.
426	426	SECTION 7. 20.395 (5) (db) of the statutes is created to read:
427	427	20.395 (5) (db) Drug evaluation and classification program. From the general
428	428	fund, the amounts in the schedule for the drug evaluation and classification
429	429	program.
430	430	SECTION 8. 20.435 (1) (s) of the statutes is created to read:
431	431	20.435 (1) (s) Health equity grants. From the community reinvestment fund,
432	432	the amounts in the schedule for health equity grants under s. 250.22.
433	433	SECTION 9. 20.437 (3) (r) of the statutes is created to read:
434	434	20.437 (3) (r) Diversity, equity, and inclusion grants; community reinvestment
435	435	fund supplement. From the community reinvestment fund, the amounts in the
436	436	schedule for diversity, equity, and inclusion grants under s. 48.47 (20).
437	437	SECTION 10. 20.505 (1) (t) of the statutes is created to read:
438	438	20.505 (1) (t) Equity grants; community reinvestment fund. From the
439	439	community reinvestment fund, the amounts in the schedule for the purpose of
440	440	providing grants to promote diversity and advance equity and inclusion under s.
441	441	16.282.
442	442	SECTION 11. 20.566 (1) (bn) of the statutes is created to read:
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470	470	SECTION 11
471	471	ASSEMBLY BILL 506
472	472	20.566 (1) (bn) Administration and enforcement of marijuana tax and
473	473	regulation. The amounts in the schedule for the purposes of administering the
474	474	marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
475	475	enforcing the taxing and regulation of marijuana producers, marijuana processors,
476	476	marijuana retailers, and operators of marijuana lounges under subch. IV of ch. 139.
477	477	SECTION 12. 20.835 (2) (eq) of the statutes is created to read:
478	478	20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under
479	479	subchapter IV of chapter 139.
480	480	SECTION 13. 25.316 of the statutes is created to read:
481	481	25.316 Community reinvestment fund. There is established a separate
482	482	nonlapsible trust fund, designated the community reinvestment fund consisting of
483	483	60 percent of all moneys received under subch. IV of ch. 139, including interest and
484	484	penalties.
485	485	SECTION 14. 48.47 (20) of the statutes is created to read:
486	486	48.47 (20) DIVERSITY, EQUITY, AND INCLUSION GRANTS. From the appropriation
487	487	account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities
488	488	that promote diversity and advance equity and inclusion.
489	489	SECTION 15. 49.148 (4) (a) of the statutes is amended to read:
490	490	49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
491	491	a community service job or transitional placement who, after August 22, 1996, was
492	492	convicted in any state or federal court of a felony that had as an element possession,
493	493	use or distribution of a controlled substance to submit to a test for use of a controlled
494	494	substance as a condition of continued eligibility. If the test results are positive, the
495	495	Wisconsin works Works agency shall decrease the presanction benefit amount for
496	496	that participant by not more than 15 percent for not fewer than 12 months, or for the
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523	523	SECTION 15 ASSEMBLY BILL 506
524	524	remainder of the participant's period of participation in a community service job or
525	525	transitional placement, if less than 12 months. If, at the end of 12 months, the
526	526	individual is still a participant in a community service job or transitional placement
527	527	and submits to another test for use of a controlled substance and if the results of the
528	528	test are negative, the Wisconsin works Works agency shall discontinue the reduction
529	529	under this paragraph. In this subsection, “controlled substance” does not include
530	530	tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
531	531	marijuana, obtained from marijuana, or chemically synthesized.
532	532	SECTION 16. 49.79 (1) (b) of the statutes is amended to read:
533	533	49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
534	534	except that “controlled substance” does not include tetrahydrocannabinols in any
535	535	form, including tetrahydrocannabinols contained in marijuana, obtained from
536	536	marijuana, or chemically synthesized.
537	537	SECTION 17. 59.54 (25) (title) of the statutes is amended to read:
538	538	59.54 (25) (title) POSSESSION REGULATION OF MARIJUANA.
539	539	SECTION 18. 59.54 (25) (a) (intro.) of the statutes is amended to read:
540	540	59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
541	541	the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
542	542	s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
543	543	is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding
544	544	an allegation of possession of more than 25 grams of marijuana, or possession of any
545	545	amount of marijuana following a conviction in this state for possession of marijuana
546	546	alleging a violation of s. 961.72 (2) (a) 3. b. or (c) 3., the subject of the complaint may
547	547	not be prosecuted under this subsection for the same action that is the subject of the
548	548	complaint unless all of the following occur:
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576	576	SECTION 19
577	577	ASSEMBLY BILL 506
578	578	SECTION 19. 66.0107 (1) (bm) of the statutes is amended to read:
579	579	66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
580	580	marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
581	581	(intro.), and provide a forfeiture for a violation of the ordinance that is consistent
582	582	with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation
583	583	of possession of more than 25 grams of marijuana, or possession of any amount of
584	584	marijuana following a conviction in this state for possession of marijuana alleging
585	585	a violation of s. 961.72 (2) (a) 3. b. or (c) 3., the subject of the complaint may not be
586	586	prosecuted under this paragraph for the same action that is the subject of the
587	587	complaint unless the charges are dismissed or the district attorney declines to
588	588	prosecute the case.
589	589	SECTION 20. 66.04185 of the statutes is created to read:
590	590	66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
591	591	county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
592	592	by an individual who has no more than 6 marijuana plants at one time for his or her
593	593	personal use.
594	594	SECTION 21. 73.17 of the statutes is created to read:
595	595	73.17 Medical marijuana registry program. (1) DEFINITIONS. In this
596	596	section:
597	597	(a) “Debilitating medical condition or treatment” means any of the following:
598	598	1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
599	599	the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
600	600	inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
601	601	hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
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627	627	SECTION 21 ASSEMBLY BILL 506
628	628	patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
629	629	treatment of these conditions.
630	630	2. A chronic or debilitating disease or medical condition or the treatment of
631	631	such a disease or condition that causes cachexia, severe pain, severe nausea,
632	632	seizures, including those characteristic of epilepsy, or severe and persistent muscle
633	633	spasms, including those characteristic of multiple sclerosis.
634	634	(b) “Department” means the department of revenue.
635	635	(c) “Physician” means a person licensed under s. 448.04 (1) (a).
636	636	(d) “Qualifying patient” means a person who has been diagnosed by a physician
637	637	as having or undergoing a debilitating medical condition or treatment.
638	638	(e) “Tax exemption certificate” means a certificate to claim the exemption under
639	639	s. 77.54 (71).
640	640	(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
641	641	(g) “Written certification” means means a statement made by a person's
642	642	physician if all of the following apply:
643	643	1. The statement indicates that, in the physician's professional opinion, the
644	644	person has or is undergoing a debilitating medical condition or treatment and the
645	645	potential benefits of the person's use of usable marijuana would likely outweigh the
646	646	health risks for the person.
647	647	2. The statement indicates that the opinion described in subd. 1. was formed
648	648	after a full assessment of the person's medical history and current medical condition
649	649	that was conducted no more than 6 months prior to making the statement and that
650	650	was made in the course of a bona fide physician-patient relationship.
651	651	3. The statement is signed by the physician or is contained in the person's
652	652	medical records.
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681	681	ASSEMBLY BILL 506
682	682	4. The statement contains an expiration date that is no more than 48 months
683	683	after issuance and the statement has not expired.
684	684	5. If the person has not attained the age of 18 years, the statement is signed
685	685	by the person's parent or guardian.
686	686	(2) APPLICATION. A person who is claiming to be a qualifying patient may apply
687	687	for a registry identification card by submitting to the department a signed
688	688	application form containing or accompanied by all of the following:
689	689	(a) His or her name, address, and date of birth.
690	690	(b) A written certification.
691	691	(c) The name, address, and telephone number of the person's current physician,
692	692	as listed in the written certification.
693	693	(d) If the person has not attained the age of 18 years, a signature of a parent
694	694	or guardian of the person.
695	695	(3) PROCESSING THE APPLICATION. The department shall verify the information
696	696	contained in or accompanying an application submitted under sub. (2) and shall
697	697	approve or deny the application within 30 days after receiving it. The department
698	698	may deny an application submitted under sub. (2) only if the required information
699	699	has not been provided or if false information has been provided.
700	700	(4) ISSUING A REGISTRY IDENTIFICATION CARD AND TAX EXEMPTION CERTIFICATE. The
701	701	department shall issue to the applicant a registry identification card and tax
702	702	exemption certificate within 5 days after approving an application under sub. (3).
703	703	Unless voided under sub. (5) (b) or revoked under rules issued by the department
704	704	under sub. (7), a registry identification card and tax exemption certificate shall
705	705	expire 4 years from the date of issuance. A tax exemption certificate shall contain
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731	731	SECTION 21 ASSEMBLY BILL 506
732	732	the information determined by the department. A registry identification card shall
733	733	contain all of the following:
734	734	(a) The name, address, and date of birth of the registrant.
735	735	(b) The date of issuance and expiration date of the registry identification card.
736	736	(c) A photograph of the registrant.
737	737	(d) Other information the department may require by rule.
738	738	(5) ADDITIONAL INFORMATION TO BE PROVIDED BY REGISTRANT. (a) A registrant
739	739	shall notify the department of any change in the registrant's name and address. A
740	740	registrant who is a qualifying patient shall notify the department of any change in
741	741	his or her physician or of any significant improvement in his or her health as it
742	742	relates to his or her debilitating medical condition or treatment.
743	743	(b) If a registrant fails to notify the department within 10 days after any change
744	744	for which notification is required under par. (a), his or her registry identification card
745	745	and tax exemption certificate is void.
746	746	(6) RECORDS. (a) The department shall maintain a list of all registrants.
747	747	(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
748	748	may not disclose information from an application submitted or a registry
749	749	identification card issued under this section.
750	750	(c) The department may disclose to state or local law enforcement agencies
751	751	information from an application submitted by, or from a registry identification card
752	752	issued to, a specific person under this section for the purpose of verifying that the
753	753	person possesses a valid registry identification card.
754	754	(d) No state or local agency may access the list maintained under par. (a) or
755	755	information gathered from the list maintained under par. (a) or inquire about a
756	756	person's status as an applicant or registrant under this section for the purpose of
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784	784	SECTION 21
785	785	ASSEMBLY BILL 506
786	786	approving or disapproving a person from purchasing, owning, possessing, or
787	787	carrying a firearm.
788	788	(7) RULES. The department shall promulgate rules to implement this section.
789	789	SECTION 22. 77.54 (71) of the statutes is created to read:
790	790	77.54 (71) The sales price from the sale of and the storage, use, or other
791	791	consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
792	792	individual who holds a valid certificate issued under s. 73.17 (4).
793	793	SECTION 23. 94.55 (2t) of the statutes is repealed.
794	794	SECTION 24. 94.56 of the statutes is created to read:
795	795	94.56 Marijuana producers and processors. (1) DEFINITIONS. In this
796	796	section:
797	797	(a) “Labor peace agreement” means an agreement between a person applying
798	798	for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
799	799	that does all of the following:
800	800	1. Prohibits labor organizations and its members from engaging in picketing,
801	801	work stoppages, boycotts, and any other economic interference with persons doing
802	802	business in this state.
803	803	2. Prohibits the applicant from disrupting the efforts of the labor organization
804	804	to communicate with and to organize and represent the applicant's employees.
805	805	3. Provides the labor organization access at reasonable times to areas in which
806	806	the applicant's employees work for the purpose of meeting with employees to discuss
807	807	their right to representation, employment rights under state law, and terms and
808	808	conditions of employment.
809	809	(b) “Marijuana" has the meaning given in s. 961.70 (2).
810	810	(c) “Marijuana processor" has the meaning given in s. 139.97 (6).
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838	838	(d) “Marijuana producer” has the meaning given in s. 139.97 (7).
839	839	(e) “Usable marijuana” has the meaning given in s. 139.97 (13).
840	840	(f) “Permittee” means a marijuana producer or marijuana processor who is
841	841	issued a permit under this section.
842	842	(2) PERMIT REQUIRED. (a) No person may operate in this state as a marijuana
843	843	producer or marijuana processor without a permit from the department. A person
844	844	who acts as a marijuana producer and a marijuana processor shall obtain a separate
845	845	permit for each activity. A permit issued under this section is not transferable from
846	846	one person to another or from one premises to another. A separate permit is required
847	847	for each place in this state where the operations of a marijuana producer or
848	848	marijuana processor occur. A person is not required to obtain a permit under this
849	849	section if the person produces or processes only industrial hemp and holds a valid
850	850	license under s. 94.55.
851	851	(b) This subsection applies to all officers, directors, agents, and stockholders
852	852	holding 5 percent or more of the stock of any corporation applying for a permit under
853	853	this section.
854	854	(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
855	855	not be granted to any person to whom any of the following applies:
856	856	1. The person has been convicted of a violent misdemeanor, as defined in s.
857	857	941.29 (1g) (b), at least 3 times.
858	858	2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
859	859	(a), unless pardoned.
860	860	3. During the preceding 3 years, the person has been committed under s. 51.20
861	861	for being drug dependent.
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890	890	4. The person chronically and habitually uses alcohol beverages or other
891	891	substances to the extent that his or her normal faculties are impaired. A person is
892	892	presumed to chronically and habitually use alcohol beverages or other substances to
893	893	the extent that his or her normal faculties are impaired if, within the preceding 3
894	894	years, any of the following applies:
895	895	a. The person has been committed for involuntary treatment under s. 51.45
896	896	(13).
897	897	b. The person has been convicted of a violation of s. 941.20 (1) (b).
898	898	c. In 2 or more cases arising out of separate incidents, a court has found the
899	899	person to have committed a violation of s. 346.63 or a local ordinance in conformity
900	900	with that section; a violation of a law of a federally recognized American Indian tribe
901	901	or band in this state in conformity with s. 346.63; or a violation of the law of another
902	902	jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
903	903	intoxicated, while under the influence of a controlled substance, a controlled
904	904	substance analog, or a combination thereof, with an excess or specified range of
905	905	alcohol concentration, or while under the influence of any drug to a degree that
906	906	renders the person incapable of safely driving, as those or substantially similar
907	907	terms are used in that jurisdiction's laws.
908	908	5. The person has income that comes principally from gambling or has been
909	909	convicted of 2 or more gambling offenses.
910	910	6. The person has been convicted of crimes relating to prostitution.
911	911	7. The person has been convicted of crimes relating to loaning money or
912	912	anything of value to persons holding licenses or permits pursuant to ch. 125.
913	913	8. The person is under the age of 21.
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940	940	9. The person has not been a resident of this state continuously for at least 90
941	941	days prior to the application date.
942	942	(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
943	943	employees may not receive a permit under this section unless the applicant certifies
944	944	to the department that the applicant has entered into a labor peace agreement and
945	945	will abide by the terms of the agreement as a condition of maintaining a valid permit
946	946	under this section. The applicant shall submit to the department a copy of the page
947	947	of the labor peace agreement that contains the signatures of the labor organization
948	948	representative and the applicant.
949	949	(cn) The department shall use a competitive scoring system to determine which
950	950	applicants are eligible to receive a permit under this section. The department shall
951	951	issue permits to the highest scoring applicants that it determines will best protect
952	952	the environment; provide stable, family-supporting jobs to local residents; ensure
953	953	worker and consumer safety; operate secure facilities; and uphold the laws of the
954	954	jurisdictions in which they operate. The department may deny a permit to an
955	955	applicant with a low score as determined under this paragraph. The department
956	956	may request that the applicant provide any information or documentation that the
957	957	department deems necessary for purposes of making a determination under this
958	958	paragraph.
959	959	(d) 1. Before the department issues a new or renewed permit under this section,
960	960	the department shall give notice of the permit application to the governing body of
961	961	the municipality where the permit applicant intends to operate the premises of a
962	962	marijuana producer or marijuana processor. No later than 30 days after the
963	963	department submits the notice, the governing body of the municipality may file with
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990	990	SECTION 24
991	991	ASSEMBLY BILL 506
992	992	the department a written objection to granting or renewing the permit. At the
993	993	municipality's request, the department may extend the period for filing objections.
994	994	2. A written objection filed under subd. 1. shall provide all the facts on which
995	995	the objection is based. In determining whether to grant or deny a permit for which
996	996	an objection has been filed under this paragraph, the department shall give
997	997	substantial weight to objections from a municipality based on chronic illegal activity
998	998	associated with the premises for which the applicant seeks a permit or the premises
999	999	of any other operation in this state for which the applicant holds or has held a valid
1000	1000	permit or license, the conduct of the applicant's patrons inside or outside the
1001	1001	premises of any other operation in this state for which the applicant holds or has held
1002	1002	a valid permit or license, and local zoning ordinances. In this subdivision, “chronic
1003	1003	illegal activity" means a pervasive pattern of activity that threatens the public
1004	1004	health, safety, and welfare of the municipality, including any crime or ordinance
1005	1005	violation, and that is documented in crime statistics, police reports, emergency
1006	1006	medical response data, calls for service, field data, or similar law enforcement agency
1007	1007	records.
1008	1008	(e) After denying a permit, the department shall immediately notify the
1009	1009	applicant in writing of the denial and the reasons for the denial. After making a
1010	1010	decision to grant or deny a permit for which a municipality has filed an objection
1011	1011	under par. (d), the department shall immediately notify the governing body of the
1012	1012	municipality in writing of its decision and the reasons for the decision.
1013	1013	(f) 1. The department's denial of a permit under this section is subject to judicial
1014	1014	review under ch. 227.
1015	1015	2. The department's decision to grant a permit under this section regardless of
1016	1016	an objection filed under par. (d) is subject to judicial review under ch. 227.
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1043	1043	SECTION 24 ASSEMBLY BILL 506
1044	1044	(g) The department shall not issue a permit under this section to any person
1045	1045	who does not hold a valid certificate under s. 73.03 (50).
1046	1046	(3) FEES; TERM. (a) Each person who applies for a permit under this section
1047	1047	shall submit with the application a $250 fee. A permit issued under this section is
1048	1048	valid for one year and may be renewed, except that the department may revoke or
1049	1049	suspend a permit prior to its expiration. A person is not entitled to a refund of the
1050	1050	fees paid under this subsection if the person's permit is denied, revoked, or
1051	1051	suspended.
1052	1052	(b) A permittee shall annually pay to the department a fee for as long as the
1053	1053	person holds a valid permit under this section. The annual fee for a marijuana
1054	1054	processor permittee is $2,000. The annual fee for a marijuana producer permittee
1055	1055	is one of the following, unless the department, by rule, establishes a higher amount:
1056	1056	1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
1057	1057	marijuana plants, $1,800.
1058	1058	2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
1059	1059	not more than 3,600 marijuana plants, $2,900.
1060	1060	3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
1061	1061	not more than 6,000 marijuana plants, $3,600.
1062	1062	4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
1063	1063	not more than 10,200 marijuana plants, $5,100.
1064	1064	5. If the permittee plants, grows, cultivates, or harvests more than 10,200
1065	1065	marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
1066	1066	(4) SCHOOLS. The department may not issue a permit under this section to
1067	1067	operate any premises that are within 500 feet of the perimeter of the grounds of any
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1094	1094	SECTION 24
1095	1095	ASSEMBLY BILL 506
1096	1096	elementary or secondary school, playground, recreation facility, child care facility,
1097	1097	public park, public transit facility, or library.
1098	1098	(5) EDUCATION AND AWARENESS CAMPAIGN. The department shall develop and
1099	1099	make available training programs for marijuana producers on how to safely and
1100	1100	efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
1101	1101	marijuana processors on how to safely and efficiently produce and handle marijuana
1102	1102	products and test marijuana for contaminants. The department shall conduct an
1103	1103	awareness campaign to inform potential marijuana producers and marijuana
1104	1104	processors of the availability and viability of marijuana as a crop or product in this
1105	1105	state.
1106	1106	(6) RULES. The department shall promulgate rules necessary to administer and
1107	1107	enforce this section, including rules relating to the inspection of the plants, facilities,
1108	1108	and products of permittees; training requirements for employees of permittees; and
1109	1109	the competitive scoring system for determining which applicants are eligible to
1110	1110	receive a permit under this section.
1111	1111	(7) PENALTIES. (a) Unless another penalty is prescribed for the violation, any
1112	1112	person who violates sub. (2), fails to pay the required fee under sub. (3), or violates
1113	1113	any of the requirements established by the rules promulgated under sub. (6) shall
1114	1114	be fined not less than $100 nor more than $500 or imprisoned not more than 6 months
1115	1115	or both.
1116	1116	(b) In addition to the penalties imposed under par. (a), the department shall
1117	1117	revoke the permit of any person convicted of any violation described under par. (a)
1118	1118	and not issue another permit to that person for a period of 2 years following the
1119	1119	revocation. The department may suspend or revoke the permit of any permittee who
1120	1120	violates s. 100.30, any provision of this section, or any rules promulgated under sub.
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1147	1147	SECTION 24 ASSEMBLY BILL 506
1148	1148	(6). The department shall revoke the permit of any permittee who violates s. 100.30
1149	1149	3 or more times within a 5-year period.
1150	1150	SECTION 25. 94.57 of the statutes is created to read:
1151	1151	94.57 Testing laboratories. The department shall register entities as
1152	1152	tetrahydrocannabinols testing laboratories. The laboratories may possess or
1153	1153	manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
1154	1154	following services:
1155	1155	(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
1156	1156	potency and for mold, fungus, pesticides, and other contaminants.
1157	1157	(2) Collect information on research findings and conduct research related to
1158	1158	the medical use of tetrahydrocannabinols, including research that identifies
1159	1159	potentially unsafe levels of contaminants.
1160	1160	(3) Provide training on the following:
1161	1161	(a) The safe and efficient cultivation, harvesting, packaging, labeling, and
1162	1162	distribution of marijuana for the medical use of tetrahydrocannabinols.
1163	1163	(b) Security and inventory accountability procedures.
1164	1164	(c) The most recent research on the use of tetrahydrocannabinols.
1165	1165	SECTION 26. 100.145 of the statutes is created to read:
1166	1166	100.145 Recreational marijuana logotype. The department shall design
1167	1167	an official logotype appropriate for including on a label affixed to recreational
1168	1168	marijuana under s. 139.973 (10) (a).
1169	1169	SECTION 27. 108.02 (18r) of the statutes is created to read:
1170	1170	108.02 (18r) MARIJUANA. “Marijuana” has the meaning given in s. 111.32 (11m).
1171	1171	SECTION 28. 108.04 (5m) of the statutes is created to read:
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1198	1198	SECTION 28
1199	1199	ASSEMBLY BILL 506
1200	1200	108.04 (5m) DISCHARGE FOR USE OF MARIJUANA. (a) Notwithstanding sub. (5),
1201	1201	“misconduct," for purposes of sub. (5), does not include the employee's use of
1202	1202	marijuana off the employer's premises during nonworking hours or a violation of the
1203	1203	employer's policy concerning such use, unless termination of the employee because
1204	1204	of that use is permitted under s. 111.35.
1205	1205	(b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
1206	1206	not include the employee's use of marijuana off the employer's premises during
1207	1207	nonworking hours or a violation of the employer's policy concerning such use, unless
1208	1208	termination of the employee because of that use is permitted under s. 111.35.
1209	1209	SECTION 29. 111.32 (9m) of the statutes is created to read:
1210	1210	111.32 (9m) “Lawful product” includes marijuana.
1211	1211	SECTION 30. 111.32 (11m) of the statutes is created to read:
1212	1212	111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
1213	1213	whether growing or not; the seeds thereof; the resin extracted from any part of the
1214	1214	plant; and every compound, manufacture, salt, derivative, mixture, or preparation
1215	1215	of the plant, its seeds or resin, including tetrahydrocannabinols.
1216	1216	SECTION 31. 111.35 (2) (e) of the statutes is amended to read:
1217	1217	111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
1218	1218	This paragraph does not apply with respect to violations concerning marijuana or
1219	1219	tetrahydrocannabinols under 21 USC 841 to 865.
1220	1220	SECTION 32. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
1221	1221	114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
1222	1222	order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
1223	1223	assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
1224	1224	examination of the person's use of alcohol, tetrahydrocannabinols, controlled
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1251	1251	SECTION 32 ASSEMBLY BILL 506
1252	1252	substances, or controlled substance analogs and development of an airman safety
1253	1253	plan for the person. The court shall notify the person, the department, and the proper
1254	1254	federal agency of the assessment order. The assessment order shall:
1255	1255	SECTION 33. 114.09 (2) (bm) 4. of the statutes is amended to read:
1256	1256	114.09 (2) (bm) 4. The assessment report shall order compliance with an
1257	1257	airman safety plan. The report shall inform the person of the fee provisions under
1258	1258	s. 46.03 (18) (f). The safety plan may include a component that makes the person
1259	1259	aware of the effect of his or her offense on a victim and a victim's family. The safety
1260	1260	plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
1261	1261	tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
1262	1262	the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
1263	1263	airman safety plan under this paragraph shall include a termination date consistent
1264	1264	with the plan that shall not extend beyond one year. The county department under
1265	1265	s. 51.42 shall assure notification of the department of transportation and the person
1266	1266	of the person's compliance or noncompliance with assessment and treatment.
1267	1267	SECTION 34. 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
1268	1268	amended to read:
1269	1269	115.35 (1) (a) (intro.) A critical health problems education program is
1270	1270	established in the department. The program shall be a systematic and integrated
1271	1271	program designed to provide appropriate learning experiences based on scientific
1272	1272	knowledge of the human organism as it functions within its environment and
1273	1273	designed to favorably influence the health, understanding, attitudes and practices
1274	1274	of the individual child which will enable him or her to adapt to changing health
1275	1275	problems of our society. The program shall be designed to educate youth with regard
1276	1276	to critical health problems and shall include, but not be limited to, the following
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1304	1304	SECTION 34
1305	1305	ASSEMBLY BILL 506
1306	1306	topics as the basis for comprehensive education curricula in all elementary and
1307	1307	secondary schools: controlled
1308	1308	1. Controlled substances, as defined in s. 961.01 (4); controlled substance
1309	1309	analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
1310	1310	2. Mental health; sexually.
1311	1311	3. Sexually transmitted diseases, including acquired immunodeficiency
1312	1312	syndrome; human.
1313	1313	4. Human growth and development; and.
1314	1314	5. Other related health and safety topics as determined by the department.
1315	1315	(b) Participation in the human growth and development topic of the curricula
1316	1316	described in par. (a) shall be entirely voluntary. The department may not require a
1317	1317	school board to use a specific human growth and development curriculum.
1318	1318	SECTION 35. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
1319	1319	created to read:
1320	1320	CHAPTER 139
1321	1321	SUBCHAPTER IV
1322	1322	MARIJUANA TAX AND REGULA TION
1323	1323	139.97 Definitions. In this subchapter:
1324	1324	(1) “Department" means the department of revenue.
1325	1325	(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
1326	1326	by a lot number, every portion or package of which is consistent with the factors that
1327	1327	appear in the labeling.
1328	1328	(3) “Lot number" means a number that specifies the person who holds a valid
1329	1329	permit under this subchapter and the harvesting or processing date for each lot.
1330	1330	(4) “Marijuana" has the meaning given in s. 961.70 (2).
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1358	1358	(5) “Marijuana distributor” means a person in this state who purchases or
1359	1359	receives usable marijuana from a marijuana processor and who sells or otherwise
1360	1360	transfers the usable marijuana to a marijuana retailer or operator of a marijuana
1361	1361	lounge for the purpose of resale to consumers.
1362	1362	(5m) “Marijuana lounge” means a location for the retail sale of usable
1363	1363	marijuana for consumption on the premises.
1364	1364	(6) “Marijuana processor" means a person in this state who processes
1365	1365	marijuana into usable marijuana, packages and labels usable marijuana for sale in
1366	1366	retail outlets, and sells at wholesale or otherwise transfers usable marijuana to
1367	1367	marijuana distributors.
1368	1368	(7) “Marijuana producer" means a person in this state who produces marijuana
1369	1369	and sells it at wholesale or otherwise transfers it to marijuana processors.
1370	1370	(8) “Marijuana retailer" means a person in this state that sells usable
1371	1371	marijuana at a retail outlet other than a marijuana lounge.
1372	1372	(9) “Microbusiness” means a marijuana producer that produces marijuana in
1373	1373	one area that is less than 10,000 square feet and who also operates as any 2 of the
1374	1374	following:
1375	1375	(a) A marijuana processor.
1376	1376	(b) A marijuana distributor.
1377	1377	(c) A marijuana retailer.
1378	1378	(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
1379	1379	distributor, marijuana retailer, microbusiness, or operator of a marijuana lounge
1380	1380	that is issued a permit under s. 139.972.
1381	1381	(11) “Retail outlet" means a location for the retail sale of usable marijuana.
1382	1382	(12) “Sales price" has the meaning given in s. 77.51 (15b).
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1410	1410	SECTION 35
1411	1411	ASSEMBLY BILL 506
1412	1412	(13) “Usable marijuana" means marijuana that has been processed for human
1413	1413	consumption and includes dried marijuana flowers, marijuana-infused products,
1414	1414	and marijuana edibles.
1415	1415	139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
1416	1416	producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
1417	1417	in this state of marijuana to a marijuana processor. This paragraph applies to a
1418	1418	microbusiness that transfers marijuana to a processing operation within the
1419	1419	microbusiness.
1420	1420	(b) An excise tax is imposed on a marijuana retailer or operator of a marijuana
1421	1421	lounge at the rate of 10 percent of the sales price on each retail sale in this state of
1422	1422	usable marijuana, except that the tax does not apply to sales of usable marijuana to
1423	1423	an individual who holds a valid tax exemption certificate issued under s. 73.17 (4).
1424	1424	(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
1425	1425	to the department no later than the 15th day of the month following the month in
1426	1426	which the person's tax liability is incurred and shall include with the payment a
1427	1427	return on a form prescribed by the department.
1428	1428	(3) For purposes of this section, a marijuana producer may not sell marijuana
1429	1429	directly to a marijuana distributor, marijuana retailer, or operator of a marijuana
1430	1430	lounge, and a marijuana retailer or operator of a marijuana lounge may purchase
1431	1431	usable marijuana for resale only from a marijuana distributor. This subsection does
1432	1432	not apply to a microbusiness that transfers marijuana or usable marijuana to
1433	1433	another operation with the microbusiness.
1434	1434	139.972 Permits required. (1) (a) No person may operate in this state as a
1435	1435	marijuana producer, marijuana processor, marijuana distributor, marijuana
1436	1436	retailer, microbusiness, or operator of a marijuana lounge without first filing an
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1464	1464	application for and obtaining the proper permit from the department to perform such
1465	1465	operations. In addition, no person may operate in this state as a marijuana producer
1466	1466	or marijuana processor without first filing an application for and obtaining the
1467	1467	proper permit under s. 94.56.
1468	1468	(b) This section applies to all officers, directors, agents, and stockholders
1469	1469	holding 5 percent or more of the stock of any corporation applying for a permit under
1470	1470	this section.
1471	1471	(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
1472	1472	not be granted to any person to whom any of the following applies:
1473	1473	1. The person has been convicted of a violent misdemeanor, as defined in s.
1474	1474	941.29 (1g) (b), at least 3 times.
1475	1475	2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
1476	1476	(a), unless pardoned.
1477	1477	3. During the preceding 3 years, the person has been committed under s. 51.20
1478	1478	for being drug dependent.
1479	1479	4. The person chronically and habitually uses alcohol beverages or other
1480	1480	substances to the extent that his or her normal faculties are impaired. A person is
1481	1481	presumed to chronically and habitually use alcohol beverages or other substances to
1482	1482	the extent that his or her normal faculties are impaired if, within the preceding 3
1483	1483	years, any of the following applies:
1484	1484	a. The person has been committed for involuntary treatment under s. 51.45
1485	1485	(13).
1486	1486	b. The person has been convicted of a violation of s. 941.20 (1) (b).
1487	1487	c. In 2 or more cases arising out of separate incidents, a court has found the
1488	1488	person to have committed a violation of s. 346.63 or a local ordinance in conformity
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1516	1516	SECTION 35
1517	1517	ASSEMBLY BILL 506
1518	1518	with that section; a violation of a law of a federally recognized American Indian tribe
1519	1519	or band in this state in conformity with s. 346.63; or a violation of the law of another
1520	1520	jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
1521	1521	intoxicated, while under the influence of a controlled substance, a controlled
1522	1522	substance analog, or a combination thereof, with an excess or specified range of
1523	1523	alcohol concentration, or while under the influence of any drug to a degree that
1524	1524	renders the person incapable of safely driving, as those or substantially similar
1525	1525	terms are used in that jurisdiction's laws.
1526	1526	5. The person has income that comes principally from gambling or has been
1527	1527	convicted of 2 or more gambling offenses.
1528	1528	6. The person has been convicted of crimes relating to prostitution.
1529	1529	7. The person has been convicted of of crimes relating to loaning money or
1530	1530	anything of value to persons holding licenses or permits pursuant to ch. 125.
1531	1531	8. The person is under the age of 21.
1532	1532	9. The person has not been a resident of this state continuously for at least 90
1533	1533	days prior to the application date.
1534	1534	(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
1535	1535	employees may not receive a permit under this section to operate as a marijuana
1536	1536	distributor or marijuana retailer unless the applicant certifies to the department
1537	1537	that the applicant has entered into a labor peace agreement, as defined in s. 94.56
1538	1538	(1) (a), and will abide by the terms of the agreement as a condition of maintaining
1539	1539	a valid permit under this section. The applicant shall submit to the department a
1540	1540	copy of the page of the labor peace agreement that contains the signatures of the
1541	1541	labor organization representative and the applicant.
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1567	1567	SECTION 35 ASSEMBLY BILL 506
1568	1568	(cn) The department shall use a competitive scoring system to determine which
1569	1569	applicants are eligible to receive a permit under this section. The department shall
1570	1570	issue permits to the highest scoring applicants that it determines will best protect
1571	1571	the environment; provide stable, family-supporting jobs to local residents; ensure
1572	1572	worker and consumer safety; operate secure facilities; and uphold the laws of the
1573	1573	jurisdictions in which they operate. The department shall, using criteria established
1574	1574	by rule, score an applicant for a permit to operate as a marijuana retailer or as an
1575	1575	operator of a marijuana lounge on the applicant's ability to articulate a social equity
1576	1576	plan related to the operation of a marijuana retail establishment. The department
1577	1577	may deny a permit to an applicant with a low score as determined under this
1578	1578	paragraph. The department may request that the applicant provide any information
1579	1579	or documentation that the department deems necessary for purposes of making a
1580	1580	determination under this paragraph.
1581	1581	(cs) A permit under this section for an operator of a marijuana lounge may
1582	1582	authorize the operation of a marijuana lounge only in a municipality or county that
1583	1583	has enacted an ordinance authorizing the establishment of marijuana lounges in the
1584	1584	municipality or county.
1585	1585	(ct) No marijuana retailer or operator of a marijuana lounge may hold a permit
1586	1586	or license to sell alcohol, tobacco products, or cigarettes on the premises of the retail
1587	1587	operation or lounge.
1588	1588	(d) 1. Before the department issues a new or renewed permit under this section,
1589	1589	the department shall give notice of the permit application to the governing body of
1590	1590	the municipality where the permit applicant intends to operate the premises of a
1591	1591	marijuana producer, marijuana processor, marijuana distributor, marijuana
1592	1592	retailer, microbusiness, or marijuana lounge. No later than 30 days after the
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1620	1620	SECTION 35
1621	1621	ASSEMBLY BILL 506
1622	1622	department submits the notice, the governing body of the municipality may file with
1623	1623	the department a written objection to granting or renewing the permit. At the
1624	1624	municipality's request, the department may extend the period for filing objections.
1625	1625	2. A written objection filed under subd. 1. shall provide all the facts on which
1626	1626	the objection is based. In determining whether to grant or deny a permit for which
1627	1627	an objection has been filed under this paragraph, the department shall give
1628	1628	substantial weight to objections from a municipality based on chronic illegal activity
1629	1629	associated with the premises for which the applicant seeks a permit or the premises
1630	1630	of any other operation in this state for which the applicant holds or has held a valid
1631	1631	permit or license, the conduct of the applicant's patrons inside or outside the
1632	1632	premises of any other operation in this state for which the applicant holds or has held
1633	1633	a valid permit or license, and local zoning ordinances. In this subdivision, “chronic
1634	1634	illegal activity" means a pervasive pattern of activity that threatens the public
1635	1635	health, safety, and welfare of the municipality, including any crime or ordinance
1636	1636	violation, and that is documented in crime statistics, police reports, emergency
1637	1637	medical response data, calls for service, field data, or similar law enforcement agency
1638	1638	records.
1639	1639	(e) After denying a permit, the department shall immediately notify the
1640	1640	applicant in writing of the denial and the reasons for the denial. After making a
1641	1641	decision to grant or deny a permit for which a municipality has filed an objection
1642	1642	under par. (d), the department shall immediately notify the governing body of the
1643	1643	municipality in writing of its decision and the reasons for the decision.
1644	1644	(f) 1. The department's denial of a permit under this section is subject to judicial
1645	1645	review under ch. 227.
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1671	1671	SECTION 35 ASSEMBLY BILL 506
1672	1672	2. The department's decision to grant a permit under this section regardless of
1673	1673	an objection filed under par. (d) is subject to judicial review under ch. 227.
1674	1674	(g) The department shall not issue a permit under this section to any person
1675	1675	who does not hold a valid certificate under s. 73.03 (50).
1676	1676	(2) Each person who applies for a permit under this section shall submit with
1677	1677	the application a $250 fee. Each person who is granted a permit under this section
1678	1678	shall annually pay to the department a $2,000 fee for as long as the person holds a
1679	1679	valid permit under this section. A permit issued under this section is valid for one
1680	1680	year and may be renewed, except that the department may revoke or suspend a
1681	1681	permit prior to its expiration. A person is not entitled to a refund of the fees paid
1682	1682	under this subsection if the person's permit is denied, revoked, or suspended.
1683	1683	(3) The department may not issue a permit under this section to operate any
1684	1684	premises which are within 500 feet of the perimeter of the grounds of any elementary
1685	1685	or secondary school, playground, recreation facility, child care facility, public park,
1686	1686	public transit facility, or library.
1687	1687	(4) Under this section, a separate permit is required for and issued to each class
1688	1688	of permittee, and the permit holder may perform only the operations authorized by
1689	1689	the permit. A permit issued under this section is not transferable from one person
1690	1690	to another or from one premises to another. A separate permit is required for each
1691	1691	place in this state where the operations of a marijuana producer, marijuana
1692	1692	processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
1693	1693	or microbusiness occur, including each retail outlet. No person who has been issued
1694	1694	a permit to operate as a marijuana retailer or operator of a marijuana lounge, or who
1695	1695	has any direct or indirect financial interest in the operation of a marijuana retailer
1696	1696	or operator of a marijuana lounge, shall be issued a permit to operate as a marijuana
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1724	1724	SECTION 35
1725	1725	ASSEMBLY BILL 506
1726	1726	producer, marijuana processor, or marijuana distributor. A person who has been
1727	1727	issued a permit to operate as a microbusiness is not required to hold separate permits
1728	1728	to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
1729	1729	but shall specify on the person's application for a microbusiness permit the activities
1730	1730	that the person will be engaged in as a microbusiness.
1731	1731	(5) Each person issued a permit under this section shall post the permit in a
1732	1732	conspicuous place on the premises to which the permit relates.
1733	1733	139.973 Regulation. (1) (a) No permittee may employ an individual who is
1734	1734	under the age of 21 to work in the business to which the permit relates.
1735	1735	(b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
1736	1736	individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
1737	1737	individual.
1738	1738	(2) A retail outlet other than a marijuana lounge shall sell no products or
1739	1739	services other than usable marijuana or paraphernalia intended for the storage or
1740	1740	use of usable marijuana.
1741	1741	(3) No marijuana retailer or operator of a marijuana lounge may allow a person
1742	1742	who is under the age of 21 to enter or be on the premises of a retail outlet in violation
1743	1743	of s. 961.71 (2m), unless that person is a qualifying patient, as defined in s. 73.17 (1)
1744	1744	(d).
1745	1745	(4) The maximum amount of usable marijuana that a retail outlet may sell to
1746	1746	an individual consumer in a single transaction may not exceed a permissible amount,
1747	1747	as defined in s. 961.70 (3).
1748	1748	(4m) A marijuana retailer or operator of a marijuana lounge may not collect,
1749	1749	retain, or distribute personal information regarding the retailer's or operator's
1750	1750	customers except that which is necessary to complete a sale of usable marijuana.
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1778	1778	(5) No marijuana retailer may display any signage in a window, on a door, or
1779	1779	on the outside of the premises of a retail outlet that is visible to the general public
1780	1780	from a public right-of-way, other than a single sign that is no larger than 1,600
1781	1781	square inches identifying the retail outlet by the permittee's business or trade name.
1782	1782	(6) No marijuana retailer or operator of a marijuana lounge may display usable
1783	1783	marijuana in a manner that is visible to the general public from a public
1784	1784	right-of-way.
1785	1785	(7) No marijuana retailer or employee of a retail outlet may consume, or allow
1786	1786	to be consumed, any usable marijuana on the premises of the retail outlet.
1787	1787	(7m) A marijuana retailer or operator of a marijuana lounge may operate a
1788	1788	retail outlet only between the hours of 8 a.m. and 8 p.m.
1789	1789	(8) Except as provided under sub. (5), no marijuana producer, marijuana
1790	1790	processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
1791	1791	or microbusiness may place or maintain, or cause to be placed or maintained, an
1792	1792	advertisement of usable marijuana in any form or through any medium.
1793	1793	(9) (a) On a schedule determined by the department, every marijuana
1794	1794	producer, marijuana processor, or microbusiness shall submit representative
1795	1795	samples of the marijuana and usable marijuana produced or processed by the
1796	1796	marijuana producer, marijuana processor, or microbusiness to a testing laboratory
1797	1797	registered under s. 94.57 for testing marijuana and usable marijuana in order to
1798	1798	certify that the marijuana and usable marijuana comply with standards prescribed
1799	1799	by the department by rule, including testing for potency and for mold, fungus,
1800	1800	pesticides, and other contaminants. The laboratory testing the sample shall destroy
1801	1801	any part of the sample that remains after the testing.
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1828	1828	SECTION 35
1829	1829	ASSEMBLY BILL 506
1830	1830	(b) Marijuana producers, marijuana processors, and microbusinesses shall
1831	1831	submit the results of the testing provided under par. (a) to the department in the
1832	1832	manner prescribed by the department by rule.
1833	1833	(c) If a representative sample tested under par. (a) does not meet the standards
1834	1834	prescribed by the department, the department shall take the necessary action to
1835	1835	ensure that the entire lot from which the sample was taken is destroyed. The
1836	1836	department shall promulgate rules to determine lots and lot numbers for purposes
1837	1837	of this subsection and for the reporting of lots and lot numbers to the department.
1838	1838	(10) (a) A marijuana processor or a microbusiness that operates as a marijuana
1839	1839	processor shall affix a label to all usable marijuana that the marijuana processor or
1840	1840	microbusiness sells to marijuana distributors. The label may not be designed to
1841	1841	appeal to persons under the age of 18. The label shall include all of the following:
1842	1842	1. The ingredients and the tetrahydrocannabinols concentration in the usable
1843	1843	marijuana.
1844	1844	2. The producer's business or trade name.
1845	1845	3. The producer's permit number.
1846	1846	4. The harvest batch number of the marijuana.
1847	1847	5. The harvest date.
1848	1848	6. The strain name and product identity.
1849	1849	7. The net weight.
1850	1850	8. The activation time.
1851	1851	9. The name of laboratory performing any test, the test batch number, and the
1852	1852	test analysis dates.
1853	1853	10. The logotype for recreational marijuana developed by the department of
1854	1854	agriculture, trade and consumer protection under s. 100.145.
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1882	1882	11. Warnings about the risks of marijuana use and pregnancy and risks of
1883	1883	marijuana use by persons under the age of 18.
1884	1884	(b) No marijuana processor or microbusiness that operates as a marijuana
1885	1885	processor may make usable marijuana using marijuana grown outside this state.
1886	1886	The label on each package of usable marijuana may indicate that the usable
1887	1887	marijuana is made in this state.
1888	1888	(11) (a) No permittee may sell marijuana or usable marijuana that contains
1889	1889	more than 3 parts tetrahydrocannabinols to one part cannabidiol.
1890	1890	(b) No permittee may sell marijuana or usable marijuana that tests positive
1891	1891	under sub. (9) (a) for mold, fungus, pesticides, or other contaminants if the
1892	1892	contaminants, or level of contaminants, are identified by a testing laboratory to be
1893	1893	potentially unsafe to the consumer.
1894	1894	(12) Immediately after beginning employment with a permittee, every
1895	1895	employee of a permittee shall receive training, approved by the department, on the
1896	1896	safe handling of marijuana and usable marijuana and on security and inventory
1897	1897	accountability procedures.
1898	1898	(13) The department shall deposit 60 percent of all moneys received under this
1899	1899	subchapter into the community reinvestment fund.
1900	1900	139.974 Records and reports. (1) Every permittee shall keep accurate and
1901	1901	complete records of the production and sales of marijuana and usable marijuana in
1902	1902	this state. The records shall be kept on the premises described in the permit and in
1903	1903	such manner as to ensure permanency and accessibility for inspection at reasonable
1904	1904	hours by the department's authorized personnel. The department shall prescribe
1905	1905	reasonable and uniform methods of keeping records and making reports and shall
1906	1906	provide the necessary forms to permittees.
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1934	1934	SECTION 35
1935	1935	ASSEMBLY BILL 506
1936	1936	(2) If the department determines that any permittee's records are not kept in
1937	1937	the prescribed form or are in such condition that the department requires an unusual
1938	1938	amount of time to determine from the records the amount of the tax due, the
1939	1939	department shall give notice to the permittee that the permittee is required to revise
1940	1940	the permittee's records and keep them in the prescribed form. If the permittee fails
1941	1941	to comply within 30 days, the permittee shall pay the expenses reasonably
1942	1942	attributable to a proper examination and tax determination at the rate of $30 a day
1943	1943	for each auditor used to make the examination and determination. The department
1944	1944	shall send a bill for such expenses, and the permittee shall pay the amount of such
1945	1945	bill within 10 days.
1946	1946	(3) If any permittee fails to file a report when due, the permittee shall be
1947	1947	required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
1948	1948	mailed in a properly addressed envelope with postage prepaid, the envelope is
1949	1949	officially postmarked, or marked or recorded electronically as provided under section
1950	1950	7502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is
1951	1951	actually received by the department or at the destination that the department
1952	1952	prescribes within 5 days of the due date. A report that is not mailed is timely if it
1953	1953	is received on or before the due date by the department or at the destination that the
1954	1954	department prescribes. For purposes of this subsection, “mailed" includes delivery
1955	1955	by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
1956	1956	(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
1957	1957	to confidentiality of income, franchise, and gift tax returns, apply to any information
1958	1958	obtained from any permittee under this subchapter on a tax return, report, schedule,
1959	1959	exhibit, or other document or from an audit report relating to any of those documents,
1960	1960	except that the department shall publish production and sales statistics.
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1963	1963	3
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1965	1965	5
1966	1966	6
1967	1967	7
1968	1968	8
1969	1969	9
1970	1970	10
1971	1971	11
1972	1972	12
1973	1973	13
1974	1974	14
1975	1975	15
1976	1976	16
1977	1977	17
1978	1978	18
1979	1979	19
1980	1980	20
1981	1981	21
1982	1982	22
1983	1983	23
1984	1984	24
1985	1985	25 - 40 -2023 - 2024 Legislature LRB-4468/1
1986	1986	CMH/JK/MCP/JPC:cjs
1987	1987	SECTION 35 ASSEMBLY BILL 506
1988	1988	139.975 Administration and enforcement. (1) The department shall
1989	1989	administer and enforce this subchapter and promulgate rules necessary to
1990	1990	administer and enforce this subchapter.
1991	1991	(2) The duly authorized employees of the department have all necessary police
1992	1992	powers to prevent violations of this subchapter.
1993	1993	(3) Authorized personnel of the department of justice and the department of
1994	1994	revenue, and any law enforcement officer, within their respective jurisdictions, may
1995	1995	at all reasonable hours enter the premises of any permittee and examine the books
1996	1996	and records to determine whether the tax imposed by this subchapter has been fully
1997	1997	paid and may enter and inspect any premises where marijuana or usable marijuana
1998	1998	is produced, processed, made, sold, or stored to determine whether the permittee is
1999	1999	complying with this subchapter.
2000	2000	(4) The department may suspend or revoke the permit of any permittee who
2001	2001	violates s. 100.30, any provision of this subchapter, or any rules promulgated under
2002	2002	sub. (1). The department shall revoke the permit of any permittee who violates s.
2003	2003	100.30 3 or more times within a 5-year period.
2004	2004	(5) No suit shall be maintained in any court to restrain or delay the collection
2005	2005	or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax
2006	2006	when due and, if paid under protest, may at any time within 90 days from the date
2007	2007	of payment sue the state to recover the tax paid. If it is finally determined that any
2008	2008	part of the tax was wrongfully collected, the secretary of administration shall pay the
2009	2009	amount wrongfully collected. A separate suit need not be filed for each separate
2010	2010	payment made by any taxpayer, but a recovery may be had in one suit for as many
2011	2011	payments as may have been made.
2012	2012	1
2013	2013	2
2014	2014	3
2015	2015	4
2016	2016	5
2017	2017	6
2018	2018	7
2019	2019	8
2020	2020	9
2021	2021	10
2022	2022	11
2023	2023	12
2024	2024	13
2025	2025	14
2026	2026	15
2027	2027	16
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2030	2030	19
2031	2031	20
2032	2032	21
2033	2033	22
2034	2034	23
2035	2035	24 - 41 -2023 - 2024 Legislature
2036	2036	LRB-4468/1
2037	2037	CMH/JK/MCP/JPC:cjs
2038	2038	SECTION 35
2039	2039	ASSEMBLY BILL 506
2040	2040	(6) (a) Any person may be compelled to testify in regard to any violation of this
2041	2041	subchapter of which the person may have knowledge, even though such testimony
2042	2042	may tend to incriminate the person, upon being granted immunity from prosecution
2043	2043	in connection with the testimony, and upon the giving of such testimony, the person
2044	2044	shall not be prosecuted because of the violation relative to which the person has
2045	2045	testified.
2046	2046	(b) The immunity provided under par. (a) is subject to the restrictions under
2047	2047	s. 972.085.
2048	2048	(7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed
2049	2049	under this subchapter.
2050	2050	(8) Sections 71.74 (1), (2), (10), (11), and (14), 71.77, 71.91 (1) (a) and (c) and
2051	2051	(2) to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes
2052	2052	under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes
2053	2053	under ch. 71 applies to the collection of the taxes under this subchapter, except that
2054	2054	the period during which notice of an additional assessment shall be given begins on
2055	2055	the due date of the report under this subchapter.
2056	2056	(9) Any building or place of any kind where marijuana or usable marijuana is
2057	2057	sold, possessed, stored, or manufactured without a lawful permit or in violation of
2058	2058	s. 139.972 or 139.973 is declared a public nuisance and may be closed and abated as
2059	2059	such.
2060	2060	(10) At the request of the secretary of revenue, the attorney general may
2061	2061	represent this state or assist a district attorney in prosecuting any case arising under
2062	2062	this subchapter.
2063	2063	139.976 Theft of tax moneys. All marijuana tax moneys received by a
2064	2064	permittee for the sale of marijuana or usable marijuana on which the tax under this
2065	2065	1
2066	2066	2
2067	2067	3
2068	2068	4
2069	2069	5
2070	2070	6
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2084	2084	20
2085	2085	21
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2088	2088	24
2089	2089	25 - 42 -2023 - 2024 Legislature LRB-4468/1
2090	2090	CMH/JK/MCP/JPC:cjs
2091	2091	SECTION 35 ASSEMBLY BILL 506
2092	2092	subchapter has become due and has not been paid are trust funds in the permittee's
2093	2093	possession and are the property of this state. Any permittee who fraudulently
2094	2094	withholds, appropriates, or otherwise uses marijuana tax moneys that are the
2095	2095	property of this state is guilty of theft under s. 943.20 (1), whether or not the
2096	2096	permittee has or claims to have an interest in those moneys.
2097	2097	139.977 Seizure and confiscation. (1) All marijuana and usable marijuana
2098	2098	produced, processed, made, kept, stored, sold, distributed, or transported in violation
2099	2099	of this subchapter, and all tangible personal property used in connection with the
2100	2100	marijuana or usable marijuana, is unlawful property and subject to seizure by the
2101	2101	department or a law enforcement officer. Except as provided in sub. (2), all
2102	2102	marijuana and usable marijuana seized under this subsection shall be destroyed.
2103	2103	(2) If marijuana or usable marijuana on which the tax has not been paid is
2104	2104	seized as provided under sub. (1), it may be given to law enforcement officers to use
2105	2105	in criminal investigations or sold to qualified buyers by the department, without
2106	2106	notice. If the department finds that the marijuana or usable marijuana may
2107	2107	deteriorate or become unfit for use in criminal investigations or for sale, or that those
2108	2108	uses would otherwise be impractical, the department may order it destroyed.
2109	2109	(3) If marijuana or usable marijuana on which the tax has been paid is seized
2110	2110	as provided under sub. (1), it shall be returned to the true owner if ownership can be
2111	2111	ascertained and the owner or the owner's agent is not involved in the violation
2112	2112	resulting in the seizure. If the ownership cannot be ascertained or if the owner or
2113	2113	the owner's agent was guilty of the violation that resulted in the seizure of the
2114	2114	marijuana or usable marijuana, it may be sold or otherwise disposed of as provided
2115	2115	in sub. (2).
2116	2116	1
2117	2117	2
2118	2118	3
2119	2119	4
2120	2120	5
2121	2121	6
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2136	2136	21
2137	2137	22
2138	2138	23
2139	2139	24 - 43 -2023 - 2024 Legislature
2140	2140	LRB-4468/1
2141	2141	CMH/JK/MCP/JPC:cjs
2142	2142	SECTION 35
2143	2143	ASSEMBLY BILL 506
2144	2144	(4) If tangible personal property other than marijuana or usable marijuana is
2145	2145	seized as provided under sub. (1), the department shall advertise the tangible
2146	2146	personal property for sale by publication of a class 2 notice under ch. 985. If no person
2147	2147	claiming a lien on, or ownership of, the property has notified the department of the
2148	2148	person's claim within 10 days after last insertion of the notice, the department shall
2149	2149	sell the property. If a sale is not practical the department may destroy the property.
2150	2150	If a person claiming a lien on, or ownership of, the property notifies the department
2151	2151	within the time prescribed in this subsection, the department may apply to the
2152	2152	circuit court in the county where the property was seized for an order directing
2153	2153	disposition of the property or the proceeds from the sale of the property. If the court
2154	2154	orders the property to be sold, all liens, if any, may be transferred from the property
2155	2155	to the sale proceeds. Neither the property seized nor the proceeds from the sale shall
2156	2156	be turned over to any claimant of lien or ownership unless the claimant first
2157	2157	establishes that the property was not used in connection with any violation under
2158	2158	this subchapter or that, if so used, it was done without the claimant's knowledge or
2159	2159	consent and without the claimant's knowledge of facts that should have given the
2160	2160	claimant reason to believe it would be put to such use. If no claim of lien or ownership
2161	2161	is established as provided under this subsection the property may be ordered
2162	2162	destroyed.
2163	2163	139.978 Interest and penalties. (1) Any person who makes or signs any
2164	2164	false or fraudulent report under this subchapter or who attempts to evade the tax
2165	2165	imposed by s. 139.971, or who aids in or abets the evasion or attempted evasion of
2166	2166	that tax, may be fined not more than $10,000 or imprisoned for not more than 9
2167	2167	months or both.
2168	2168	1
2169	2169	2
2170	2170	3
2171	2171	4
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2189	2189	22
2190	2190	23
2191	2191	24 - 44 -2023 - 2024 Legislature LRB-4468/1
2192	2192	CMH/JK/MCP/JPC:cjs
2193	2193	SECTION 35 ASSEMBLY BILL 506
2194	2194	(2) Any permittee who fails to keep the records required by s. 139.974 (1) and
2195	2195	(2) shall be fined not less than $100 nor more than $500 or imprisoned not more than
2196	2196	6 months or both.
2197	2197	(3) Any person who refuses to permit the examination or inspection authorized
2198	2198	under s. 139.975 (3) may be fined not more than $500 or imprisoned not more than
2199	2199	6 months or both. The department shall immediately suspend or revoke the permit
2200	2200	of any person who refuses to permit the examination or inspection authorized under
2201	2201	s. 139.975 (3).
2202	2202	(4) Any person who violates any of the provisions of this subchapter for which
2203	2203	no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
2204	2204	or imprisoned not less than 10 days nor more than 90 days or both.
2205	2205	(5) Any person who violates any of the rules promulgated in accordance with
2206	2206	this subchapter shall be fined not less than $100 nor more than $500 or imprisoned
2207	2207	not more than 6 months or both.
2208	2208	(6) In addition to the penalties imposed for violating the provisions of this
2209	2209	subchapter or any of the department's rules, the department shall revoke the permit
2210	2210	of any person convicted of such a violation and not issue another permit to that
2211	2211	person for a period of 2 years following the revocation.
2212	2212	(7) Unpaid taxes bear interest at the rate of 12 percent per year from the due
2213	2213	date of the return until paid or deposited with the department, and all refunded taxes
2214	2214	bear interest at the rate of 3 percent per year from the due date of the return to the
2215	2215	date on which the refund is certified on the refund rolls.
2216	2216	(8) All nondelinquent payments of additional amounts owed shall be applied
2217	2217	in the following order: penalties, interest, tax principal.
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2219	2219	2
2220	2220	3
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2238	2238	21
2239	2239	22
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2241	2241	24 - 45 -2023 - 2024 Legislature
2242	2242	LRB-4468/1
2243	2243	CMH/JK/MCP/JPC:cjs
2244	2244	SECTION 35
2245	2245	ASSEMBLY BILL 506
2246	2246	(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per
2247	2247	month until paid. The taxes imposed by this subchapter shall become delinquent if
2248	2248	not paid:
2249	2249	(a) In the case of a timely filed return, no return filed or a late return, on or
2250	2250	before the due date of the return.
2251	2251	(b) In the case of a deficiency determination of taxes, within 2 months after the
2252	2252	date of demand.
2253	2253	(10) If due to neglect an incorrect return is filed, the entire tax finally
2254	2254	determined is subject to a penalty of 25 percent of the tax exclusive of interest or
2255	2255	other penalty. A person filing an incorrect return has the burden of proving that the
2256	2256	error or errors were due to good cause and not due to neglect.
2257	2257	139.979 Personal use. An individual who possesses no more than 6
2258	2258	marijuana plants that have reached the flowering stage at any one time is not subject
2259	2259	to the tax imposed under s. 139.971. An individual who possesses more than 6
2260	2260	marijuana plants that have reached the flowering stage at any one time shall apply
2261	2261	for the appropriate permit under s. 139.972 and pay the appropriate tax imposed
2262	2262	under s. 139.971.
2263	2263	139.980 Agreement with tribes. The department may enter into an
2264	2264	agreement with a federally recognized American Indian tribe in this state for the
2265	2265	administration and enforcement of this subchapter and to provide refunds of the tax
2266	2266	imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members
2267	2267	of the tribe residing on the tribal land.
2268	2268	SECTION 36. 157.06 (11) (hm) of the statutes is created to read:
2269	2269	157.06 (11) (hm) Unless otherwise required by federal law, a hospital,
2270	2270	physician, procurement organization, or other person may not determine the
2271	2271	1
2272	2272	2
2273	2273	3
2274	2274	4
2275	2275	5
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2277	2277	7
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2283	2283	13
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2295	2295	25 - 46 -2023 - 2024 Legislature LRB-4468/1
2296	2296	CMH/JK/MCP/JPC:cjs
2297	2297	SECTION 36 ASSEMBLY BILL 506
2298	2298	ultimate recipient of an anatomical gift based solely upon a positive test for the use
2299	2299	of marijuana by a potential recipient.
2300	2300	SECTION 37. 157.06 (11) (i) of the statutes is amended to read:
2301	2301	157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in
2302	2302	this section affects the allocation of organs for transplantation or therapy.
2303	2303	SECTION 38. 175.35 (2g) (b) 3. of the statutes is created to read:
2304	2304	175.35 (2g) (b) 3. Any form that inquires about the applicant's use of controlled
2305	2305	substances shall specifically authorize a qualifying patient, as defined in s. 73.17 (1)
2306	2306	(d), to refrain from reporting the use of marijuana under s. 73.17 and shall
2307	2307	specifically authorize a person 21 years of age or older to refrain from reporting the
2308	2308	use of marijuana.
2309	2309	SECTION 39. 175.35 (2g) (c) 4. a. of the statutes is amended to read:
2310	2310	175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
2311	2311	possessing a firearm under s. 941.29, the department shall provide the firearms
2312	2312	dealer with a unique nonapproval number. The department may not disclose to the
2313	2313	firearms dealer the reason the transferee is prohibited from possessing a firearm
2314	2314	under s. 941.29. No person may be denied the right to be transferred a firearm under
2315	2315	this section solely on the basis that the person is a qualifying patient, as defined in
2316	2316	s. 73.17 (1) (d), or, if the person is at least 21 years old, solely on the basis that the
2317	2317	person uses marijuana.
2318	2318	SECTION 40. 238.139 of the statutes is created to read:
2319	2319	238.139 Financial assistance for underserved communities. The
2320	2320	corporation shall expend $5,000,000 annually to provide grants, loans, and other
2321	2321	assistance to underserved communities in this state, including members of minority
2322	2322	groups, woman-owned businesses, and individuals and businesses in rural areas.
2323	2323	1
2324	2324	2
2325	2325	3
2326	2326	4
2327	2327	5
2328	2328	6
2329	2329	7
2330	2330	8
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2346	2346	24
2347	2347	25 - 47 -2023 - 2024 Legislature
2348	2348	LRB-4468/1
2349	2349	CMH/JK/MCP/JPC:cjs
2350	2350	SECTION 41
2351	2351	ASSEMBLY BILL 506
2352	2352	SECTION 41. 250.22 of the statutes is created to read:
2353	2353	250.22 Health equity grants. (1) From the appropriation under s. 20.435
2354	2354	(1) (s), the department shall award grants to community organizations to implement
2355	2355	community health worker care models.
2356	2356	(2) From the appropriation under s. 20.435 (1) (s), the department shall award
2357	2357	grants to community organizations and local or tribal health departments to hire
2358	2358	health equity strategists and to implement health equity action plans.
2359	2359	SECTION 42. 289.33 (3) (d) of the statutes is amended to read:
2360	2360	289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
2361	2361	authorization, approval, variance or exception or any restriction, condition of
2362	2362	approval or other restriction, regulation, requirement or prohibition imposed by a
2363	2363	charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
2364	2364	a town, city, village, county or special purpose district, including without limitation
2365	2365	because of enumeration any ordinance, resolution or regulation adopted under s.
2366	2366	91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
2367	2367	(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
2368	2368	(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
2369	2369	(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
2370	2370	(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
2371	2371	(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
2372	2372	59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
2373	2373	(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
2374	2374	and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
2375	2375	61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2376	2376	1
2377	2377	2
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2399	2399	24 - 48 -2023 - 2024 Legislature LRB-4468/1
2400	2400	CMH/JK/MCP/JPC:cjs
2401	2401	SECTION 42 ASSEMBLY BILL 506
2402	2402	87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
2403	2403	of ch. 91.
2404	2404	SECTION 43. 349.02 (2) (b) 4. of the statutes is amended to read:
2405	2405	349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
2406	2406	66.0107 (1) (bm).
2407	2407	SECTION 44. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended
2408	2408	to read:
2409	2409	961.70 (2) “Marijuana" means all parts of the plants of the genus Cannabis,
2410	2410	whether growing or not; the seeds thereof; the resin extracted from any part of the
2411	2411	plant; and every compound, manufacture, salt, derivative, mixture, or preparation
2412	2412	of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration
2413	2413	of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or
2414	2414	preparation is greater than 0.3 percent on a dry weight basis. “Marijuana" does
2415	2415	include the mature stalks if mixed with other parts of the plant, but does not include
2416	2416	fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
2417	2417	compound, manufacture, salt, derivative, mixture, or preparation of the mature
2418	2418	stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed
2419	2419	of the plant which is incapable of germination. “Marijuana” does not include hemp,
2420	2420	as defined in s. 94.55 (1).
2421	2421	SECTION 45. 961.11 (4g) of the statutes is repealed.
2422	2422	SECTION 46. 961.14 (4) (t) of the statutes is repealed.
2423	2423	SECTION 47. 961.32 (2m) of the statutes is repealed.
2424	2424	SECTION 48. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
2425	2425	renumbered, is amended to read:
2426	2426	961.75 (title) Controlled substances Marijuana therapeutic research.
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2454	2454	SECTION 49
2455	2455	ASSEMBLY BILL 506
2456	2456	SECTION 49. 961.38 (1n) of the statutes is repealed.
2457	2457	SECTION 50. 961.41 (1) (h) of the statutes is repealed.
2458	2458	SECTION 51. 961.41 (1m) (h) of the statutes is repealed.
2459	2459	SECTION 52. 961.41 (1q) of the statutes is repealed.
2460	2460	SECTION 53. 961.41 (1r) of the statutes is amended to read:
2461	2461	961.41 (1r) DETERMINING WEIGHT OF SUBSTANCE. In determining amounts under
2462	2462	s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
2463	2463	of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic
2464	2464	acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
2465	2465	tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any
2466	2466	controlled substance analog of any of these substances together with any compound,
2467	2467	mixture, diluent, plant material or other substance mixed or combined with the
2468	2468	controlled substance or controlled substance analog. In addition, in determining
2469	2469	amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
2470	2470	means anything included under s. 961.14 (4) (t) and includes the weight of any
2471	2471	marijuana.
2472	2472	SECTION 54. 961.41 (1x) of the statutes is amended to read:
2473	2473	961.41 (1x) CONSPIRACY. Any person who conspires, as specified in s. 939.31,
2474	2474	to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the
2475	2475	applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).
2476	2476	SECTION 55. 961.41 (3g) (c) of the statutes is amended to read:
2477	2477	961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
2478	2478	possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
2479	2479	base, the person shall be fined not more than $5,000 and may be imprisoned for not
2480	2480	more than one year in the county jail upon a first conviction and is guilty of a Class
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2507	2507	SECTION 55 ASSEMBLY BILL 506
2508	2508	I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
2509	2509	is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
2510	2510	offense, the offender has at any time been convicted of any felony or misdemeanor
2511	2511	under this chapter or under any statute of the United States or of any state relating
2512	2512	to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
2513	2513	or depressant, stimulant, or hallucinogenic drugs.
2514	2514	SECTION 56. 961.41 (3g) (d) of the statutes is amended to read:
2515	2515	961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
2516	2516	possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
2517	2517	amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
2518	2518	N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
2519	2519	(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
2520	2520	lysergic acid diethylamide, phencyclidine, amphetamine,
2521	2521	3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
2522	2522	N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
2523	2523	(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
2524	2524	$5,000 or imprisoned for not more than one year in the county jail or both upon a first
2525	2525	conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
2526	2526	purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
2527	2527	prior to the offender's conviction of the offense, the offender has at any time been
2528	2528	convicted of any felony or misdemeanor under this chapter or under any statute of
2529	2529	the United States or of any state relating to controlled substances, controlled
2530	2530	substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
2531	2531	hallucinogenic drugs.
2532	2532	SECTION 57. 961.41 (3g) (e) of the statutes is repealed.
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2560	2560	SECTION 58
2561	2561	ASSEMBLY BILL 506
2562	2562	SECTION 58. 961.41 (3g) (em) of the statutes is amended to read:
2563	2563	961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
2564	2564	possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
2565	2565	analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
2566	2566	not more than $1,000 or imprisoned for not more than 6 months or both upon a first
2567	2567	conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
2568	2568	purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
2569	2569	prior to the offender's conviction of the offense, the offender has at any time been
2570	2570	convicted of any felony or misdemeanor under this chapter or under any statute of
2571	2571	the United States or of any state relating to controlled substances, controlled
2572	2572	substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
2573	2573	hallucinogenic drugs.
2574	2574	SECTION 59. 961.47 (1) of the statutes is amended to read:
2575	2575	961.47 (1) Whenever any person who has not previously been convicted of any
2576	2576	offense under this chapter, or of any offense under any statute of the United States
2577	2577	or of any state or of any county ordinance relating to controlled substances or
2578	2578	controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
2579	2579	or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
2580	2580	possession of a controlled substance or controlled substance analog under s. 961.41
2581	2581	(3g) (b), the court, without entering a judgment of guilt and with the consent of the
2582	2582	accused, may defer further proceedings and place him or her on probation upon terms
2583	2583	and conditions. Upon violation of a term or condition, the court may enter an
2584	2584	adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
2585	2585	terms and conditions, the court shall discharge the person and dismiss the
2586	2586	proceedings against him or her. Discharge and dismissal under this section shall be
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2613	2613	SECTION 59 ASSEMBLY BILL 506
2614	2614	without adjudication of guilt and is not a conviction for purposes of disqualifications
2615	2615	or disabilities imposed by law upon conviction of a crime, including the additional
2616	2616	penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
2617	2617	only one discharge and dismissal under this section with respect to any person.
2618	2618	SECTION 60. 961.48 (3) of the statutes is amended to read:
2619	2619	961.48 (3) For purposes of this section, a felony offense under this chapter is
2620	2620	considered a 2nd or subsequent offense if, prior to the offender's conviction of the
2621	2621	offense, the offender has at any time been convicted of any felony or misdemeanor
2622	2622	offense under this chapter or under any statute of the United States or of any state
2623	2623	relating to controlled substances or controlled substance analogs, narcotic drugs,
2624	2624	marijuana or depressant, stimulant, or hallucinogenic drugs.
2625	2625	SECTION 61. 961.48 (5) of the statutes is amended to read:
2626	2626	961.48 (5) This section does not apply if the person is presently charged with
2627	2627	a felony under s. 961.41 (3g) (c), (d), (e), or (g).
2628	2628	SECTION 62. 961.49 (1m) (intro.) of the statutes is amended to read:
2629	2629	961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
2630	2630	or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
2631	2631	(f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
2632	2632	base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
2633	2633	psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any
2634	2634	form of tetrahydrocannabinols or a controlled substance analog of any of these
2635	2635	substances and the delivery, distribution or possession takes place under any of the
2636	2636	following circumstances, the maximum term of imprisonment prescribed by law for
2637	2637	that crime may be increased by 5 years:
2638	2638	SECTION 63. 961.571 (1) (a) 7. of the statutes is repealed.
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2666	2666	SECTION 64
2667	2667	ASSEMBLY BILL 506
2668	2668	SECTION 64. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
2669	2669	961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
2670	2670	for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
2671	2671	or hashish oil into the human body, such as:
2672	2672	SECTION 65. 961.571 (1) (a) 11. e. of the statutes is repealed.
2673	2673	SECTION 66. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
2674	2674	SECTION 67. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
2675	2675	is created to read:
2676	2676	CHAPTER 961
2677	2677	SUBCHAPTER VIII
2678	2678	REGULATION OF MARIJUANA
2679	2679	961.70 Definitions. In this subchapter:
2680	2680	(1k) “Extreme measure to avoid detection” means any of the following:
2681	2681	(a) A system that aims to alert a person if law enforcement approaches an area
2682	2682	that contains marijuana plants if the system exceeds a security system that would
2683	2683	be used by a reasonable person in the person's region.
2684	2684	(b) A method of intimidating individuals who approach an area that contains
2685	2685	marijuana plants if the method exceeds a method that would be used by a reasonable
2686	2686	person in the person's region.
2687	2687	(c) A system that is designed so that an individual approaching the area that
2688	2688	contains marijuana plants may be injured or killed by the system.
2689	2689	(1m) “Legal age" means 21 years of age.
2690	2690	(2) “Negligible amount” means an amount that does not exceed one-quarter
2691	2691	ounce of usable marijuana.
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2717	2717	SECTION 67 ASSEMBLY BILL 506
2718	2718	(3) “Permissible amount" means an amount that does not exceed 5 ounces of
2719	2719	usable marijuana.
2720	2720	(4) “Permittee" has the meaning given under s. 139.97 (10).
2721	2721	(4g) “Qualifying patient” has the meaning given in s. 73.17 (1) (d).
2722	2722	(5) “Retail outlet" has the meaning given in s. 139.97 (11).
2723	2723	(6) “Tetrahydrocannabinols concentration" means the percent of
2724	2724	tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or
2725	2725	per volume or weight of marijuana product, or the combined percent of
2726	2726	tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
2727	2727	Cannabis regardless of moisture content.
2728	2728	(7) “Underage person" means a person who has not attained the legal age.
2729	2729	(8) “Usable marijuana" has the meaning given in s. 139.97 (13).
2730	2730	961.71 Underage persons prohibitions involving permittees;
2731	2731	penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any
2732	2732	underage person unless that underage person is a qualifying patient.
2733	2733	2. No permittee may directly or indirectly permit an underage person to violate
2734	2734	sub. (2m).
2735	2735	(b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
2736	2736	more than $500 and to a suspension of the permittee's permit for an amount of time
2737	2737	not to exceed 90 days.
2738	2738	(c) In determining whether a permittee has violated par. (a) 2., all relevant
2739	2739	circumstances surrounding the presence of the underage person may be considered.
2740	2740	In determining whether a permittee has violated par. (a) 1., all relevant
2741	2741	circumstances surrounding the selling, distributing, or delivering of marijuana may
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2769	2769	ASSEMBLY BILL 506
2770	2770	be considered. In addition, proof of all of the following facts by the permittee is a
2771	2771	defense to any prosecution for a violation under par. (a):
2772	2772	1. That the underage person falsely represented that he or she had attained the
2773	2773	legal age or that he or she was a qualifying patient.
2774	2774	2. If the underage person was falsely representing that he or she had attained
2775	2775	the legal age, that the appearance of the underage person was such that an ordinary
2776	2776	and prudent person would believe that the underage person had attained the legal
2777	2777	age.
2778	2778	3. That the permittee acted in good faith and, if the underage person falsely
2779	2779	represented his or her age, in reliance on the representation and appearance of the
2780	2780	underage person in the belief that the underage person had attained the legal age.
2781	2781	4. That the underage person supported the representation under subd. 1. with
2782	2782	documentation that he or she had attained the legal age or documentation that he
2783	2783	or she was a qualifying patient.
2784	2784	(2) Any underage person who does any of the following is subject to a forfeiture
2785	2785	of not more than $250:
2786	2786	(a) Procures or attempts to procure marijuana from a permittee. This
2787	2787	paragraph does not apply to a qualifying patient who has attained the age of 18 years
2788	2788	or to a qualifying patient who has not attained the age of 18 years who is accompanied
2789	2789	by his or her parent or guardian.
2790	2790	(b) Falsely represents his or her age for the purpose of procuring marijuana
2791	2791	from a permittee.
2792	2792	(c) Falsely represents that he or she is a qualifying patient for the purpose of
2793	2793	procuring marijuana from a permittee.
2794	2794	(d) Violates sub. (2m).
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2822	2822	(2m) An underage person not accompanied by his or her parent, guardian, or
2823	2823	spouse who has attained the legal age may not enter, knowingly attempt to enter, or
2824	2824	be on the premises of a retail outlet. This subsection does not apply to a qualifying
2825	2825	patient who has attained the age of 18 years.
2826	2826	(3) An individual who has attained the legal age and who knowingly does any
2827	2827	of the following may be subject to a forfeiture that does not exceed $1,000:
2828	2828	(a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
2829	2829	owned by the individual or under the individual's control.
2830	2830	(b) Encourages or contributes to a violation of sub. (2) (a).
2831	2831	961.72 Restrictions; penalties. (1) PROHIBITION ON SALES. (a) General
2832	2832	prohibition. No person may sell marijuana or possess marijuana with the intent to
2833	2833	sell the marijuana.
2834	2834	(b) Penalty for sales by adult. An individual who has attained the legal age who
2835	2835	violates par. (a) is guilty of the following:
2836	2836	1. Except as provided in subd. 2., one of the following:
2837	2837	a. If the violation involves not more than one ounce of usable marijuana, a
2838	2838	misdemeanor punishable by a fine of not more than $500.
2839	2839	b. If the violation involves more than one ounce of usable marijuana but not
2840	2840	more than 10 ounces of usable marijuana, a misdemeanor punishable by a fine of not
2841	2841	more than $1,000.
2842	2842	c. If the violation involves more than 10 ounces of usable marijuana but not
2843	2843	more than 15 ounces of usable marijuana, a misdemeanor punishable by a fine of not
2844	2844	more than $5,000.
2845	2845	d. If the violation involves more than 15 ounces of usable marijuana, a Class
2846	2846	I felony.
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2876	2876	2. If the individual to whom the marijuana is, or is intended to be, sold, is an
2877	2877	underage person and the seller is at least 3 years older than the underage person,
2878	2878	one of the following:
2879	2879	a. If the violation involves not more than the permissible amount, a
2880	2880	misdemeanor punishable by a fine of not more than $1,000 or imprisonment for up
2881	2881	to 90 days or both.
2882	2882	b. If the violation involves more than the permissible amount, a Class H felony.
2883	2883	(c) Penalty for sales by underage person. An underage person who violates par.
2884	2884	(a) is one of the following:
2885	2885	1. If the violation involves not more than the permissible amount, subject to a
2886	2886	forfeiture of not more than $100.
2887	2887	2. If the violation involves more than the permissible amount but not more than
2888	2888	20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.
2889	2889	3. If the violation involves more than 20 ounces, guilty of a misdemeanor
2890	2890	punishable by a fine of not more than $1,000 or imprisonment for not more than 90
2891	2891	days or both.
2892	2892	(d) Exceptions. Paragraph (a) does not apply to any of the following:
2893	2893	1. A permittee.
2894	2894	2. A sale of a negligible amount that was obtained in compliance with this
2895	2895	subchapter to an individual who has attained the legal age if the seller receives
2896	2896	compensation for the sale that is less than or equal to the amount that the seller paid
2897	2897	for the negligible amount.
2898	2898	(1m) PROHIBITION ON DISTRIBUTION. (a) General prohibition. No person may
2899	2899	distribute or deliver, or possess with the intent to distribute or deliver, marijuana.
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2925	2925	SECTION 67 ASSEMBLY BILL 506
2926	2926	(b) Penalty for distribution by adult. An individual who has attained the legal
2927	2927	age who violates par. (a) is one of the following:
2928	2928	1. Except as provided in subd. 2., one of the following:
2929	2929	a. If the violation involves not more than the permissible amount, subject to a
2930	2930	forfeiture of not more than $250.
2931	2931	b. If the violation involves more than the permissible amount, guilty of a
2932	2932	misdemeanor punishable by a fine of not more than $500.
2933	2933	2. If the individual to whom the marijuana is, or is intended to be, distributed
2934	2934	or delivered is an underage person and the distributor or deliverer is at least 3 years
2935	2935	older than the underage person, guilty of the following:
2936	2936	a. If the violation involves not more than the permissible amount, a
2937	2937	misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not
2938	2938	more than 90 days or both.
2939	2939	b. If the violation involves more than the permissible amount, a Class H felony.
2940	2940	(c) Penalty for distribution by underage person. An underage person who
2941	2941	violates par. (a) is one of the following:
2942	2942	1. If the violation involves not more than the permissible amount, subject to a
2943	2943	forfeiture of not more than $100.
2944	2944	2. If the violation involves more than the permissible amount but not more than
2945	2945	20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.
2946	2946	3. If the violation involves more than 20 ounces, guilty of a misdemeanor
2947	2947	punishable by a fine of $1,000 or imprisonment for not more than 90 days or both.
2948	2948	(d) Exceptions. Paragraph (a) does not apply to any of the following:
2949	2949	1. A permittee.
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2976	2976	SECTION 67
2977	2977	ASSEMBLY BILL 506
2978	2978	2. A distribution or delivery of a negligible amount that was obtained in
2979	2979	compliance with this subchapter to an individual who has attained the legal age.
2980	2980	3. A distribution or delivery of a permissible amount that was obtained in
2981	2981	compliance with this subchapter to an individual who cohabitates with the
2982	2982	distributor or deliverer.
2983	2983	(2) POSSESSION. (a) A person who has attained the legal age who is not a
2984	2984	permittee and who possesses an amount of marijuana that exceeds the permissible
2985	2985	amount is one of the following:
2986	2986	1. If the overage is not more than one ounce, subject to a forfeiture of not more
2987	2987	than $100.
2988	2988	2. If the overage is more than one ounce but not more than 16 ounces, guilty
2989	2989	of a misdemeanor punishable by a fine of not more than $500.
2990	2990	3. If the overage is more than 16 ounces, one of the following:
2991	2991	a. Except as provided in subd. 3. b., guilty of a misdemeanor punishable by a
2992	2992	fine of not more than $1,000 or imprisonment for not more than 90 days or both.
2993	2993	b. Guilty of a Class I felony if the person has taken action to hide how much
2994	2994	marijuana the person possesses and has in place an extreme measure to avoid
2995	2995	detection.
2996	2996	(b) Except if the underage person is a qualifying patient, an underage person
2997	2997	who possesses marijuana is subject to the following forfeitures:
2998	2998	1. If the amount possessed is a negligible amount, not more than $50.
2999	2999	2. If the amount possessed is more than a negligible amount but not more than
3000	3000	a permissible amount, not more than $100.
3001	3001	3. If the amount possessed is more than a permissible amount, not more than
3002	3002	$200.
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3029	3029	SECTION 67 ASSEMBLY BILL 506
3030	3030	(c) A person who is not a permittee that possesses more than 6 marijuana plants
3031	3031	that have reached the flowering stage at one time must apply for a permit under s.
3032	3032	139.972 and is one of the following:
3033	3033	1. Except as provided in subds. 2. and 3., subject to a forfeiture that is not more
3034	3034	than twice the permitting fee under s. 139.972.
3035	3035	2. Except as provided in subd. 3., guilty of a misdemeanor punishable by a fine
3036	3036	not to exceed $1,000 or imprisonment not to exceed 90 days or both, if the number
3037	3037	of marijuana plants that have reached the flowering stage is more than 12.
3038	3038	3. Guilty of a Class I felony if the number of marijuana plants that have reached
3039	3039	the flowering stage is more than 12, if the individual has taken action to hide the
3040	3040	number of marijuana plants that have reached the flowering stage and if the person
3041	3041	has in place an extreme measure to avoid detection.
3042	3042	(d) Whoever uses or displays marijuana in a public space other than a
3043	3043	marijuana lounge, as defined in s. 139.97 (5m), that is operated by a permittee is
3044	3044	subject to a forfeiture in an amount that does not exceed the following:
3045	3045	1. If the use or display occurs in a county or a municipality with an ordinance
3046	3046	prohibiting using or displaying marijuana in a public space, the forfeiture amount
3047	3047	specified in the ordinance. If more than one ordinance applies, the lower amount
3048	3048	shall be used.
3049	3049	2. If the use or display occurs in a county or municipality without an ordinance
3050	3050	prohibiting using or displaying marijuana in a public space, $100.
3051	3051	(3) REMOTE SALES. Any person who sells or attempts to sell marijuana via mail,
3052	3052	telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not
3053	3053	to exceed 9 months, or both.
3054	3054	SECTION 68. 967.055 (1m) (b) 5. of the statutes is repealed.
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3080	3080	LRB-4468/1
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3082	3082	SECTION 69
3083	3083	ASSEMBLY BILL 506
3084	3084	SECTION 69. 971.365 (1) (a) of the statutes is amended to read:
3085	3085	971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
3086	3086	(cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations
3087	3087	may be prosecuted as a single crime if the violations were pursuant to a single intent
3088	3088	and design.
3089	3089	SECTION 70. 971.365 (1) (b) of the statutes is amended to read:
3090	3090	971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
3091	3091	(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all
3092	3092	violations may be prosecuted as a single crime if the violations were pursuant to a
3093	3093	single intent and design.
3094	3094	SECTION 71. 971.365 (1) (c) of the statutes is amended to read:
3095	3095	971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
3096	3096	(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
3097	3097	one violation, all violations may be prosecuted as a single crime if the violations were
3098	3098	pursuant to a single intent and design.
3099	3099	SECTION 72. 971.365 (2) of the statutes is amended to read:
3100	3100	971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
3101	3101	prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
3102	3102	(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
3103	3103	or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g),
3104	3104	or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial
3105	3105	on the original charge.
3106	3106	SECTION 9107.0Nonstatutory provisions; Circuit Courts.
3107	3107	(1) SPECIAL DISPOSITION FOR MARIJUANA-RELATED CRIMES.
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3132	3132	CMH/JK/MCP/JPC:cjs
3133	3133	SECTION 9107 ASSEMBLY BILL 506
3134	3134	(a) Definitions. In this subsection, “marijuana-related crime” means a crime
3135	3135	under s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., s. 961.41 (3g) (e),
3136	3136	2021 stats., s. 961.573, 2021 stats., s. 961.574, 2021 stats., or s. 961.575, 2021 stats.
3137	3137	(b) Identification of records. As soon as practically possible after the effective
3138	3138	date of this paragraph, the director of state courts shall identify records created
3139	3139	before the effective date of this paragraph of the following:
3140	3140	1. Persons serving a sentence or on probation if the sentence or probation was
3141	3141	imposed for the commission of a marijuana-related crime and one of the following
3142	3142	applies:
3143	3143	a. The person would not have been guilty of a crime had the commission
3144	3144	occurred on or after the effective date of this subd. 1. a.
3145	3145	b. The person would have been guilty of a lesser crime had the commission
3146	3146	occurred on or after the effective date of this subd. 1. b.
3147	3147	2. Persons who have completed their sentence or period of probation if the
3148	3148	sentence or period of probation was imposed for the commission of a
3149	3149	marijuana-related crime and one of the following applies:
3150	3150	a. The person would not have been guilty of a crime had the commission
3151	3151	occurred on or after the effective date of this subd. 2. a.
3152	3152	b. The person would have been guilty of a lesser crime had the commission
3153	3153	occurred on or after the effective date of this subd. 2. b.
3154	3154	3. Persons who were charged with the commission of a marijuana-related
3155	3155	crime if one of the following applies:
3156	3156	a. The person would not have been charged with the crime had the commission
3157	3157	occurred on or after the effective date of this subd. 3. a.
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3184	3184	SECTION 9107
3185	3185	ASSEMBLY BILL 506
3186	3186	b. The person would have been charged with a lesser crime had the commission
3187	3187	occurred on or after the effective date of this subd. 3. b.
3188	3188	c. The person was found not guilty of the charge.
3189	3189	4. Persons who were arrested for the commission of a marijuana-related crime
3190	3190	if one of the following applies:
3191	3191	a. The person would not have been arrested had the commission occurred on
3192	3192	or after the effective date of this subd. 4. a.
3193	3193	b. The person was not charged with the crime.
3194	3194	(c) Expungement or redesignations.
3195	3195	1. a. If the record involves a marijuana-related crime that is a misdemeanor
3196	3196	and the person is serving a sentence or on probation, the sentencing court shall be
3197	3197	notified. If par. (b) 1. a. applies, the sentencing court shall dismiss the conviction and
3198	3198	expunge the record. If par. (b) 1. b. applies, the sentencing court shall resentence the
3199	3199	person or adjust the probation and change the record to reflect the lesser crime.
3200	3200	b. If the record involves a marijuana-related crime that is a misdemeanor and
3201	3201	the person has completed the sentence or period of probation for the
3202	3202	marijuana-related crime, the sentencing court shall be notified. If par. (b) 2. a.
3203	3203	applies, the sentencing court shall expunge the record. If par. (b) 2. b. applies, the
3204	3204	sentencing court shall redesignate the crime to a lesser crime and change the record
3205	3205	to reflect the lesser crime.
3206	3206	2. a. If the record involves a marijuana-related crime that is a felony and the
3207	3207	person is serving a sentence or on probation, the sentencing court shall be notified.
3208	3208	The sentencing court shall schedule a hearing. If par. (b) 1. a. applies, the sentencing
3209	3209	court shall determine if it is in the public interest to dismiss the conviction and
3210	3210	expunge the record. If par. (b) 1. b. applies, the sentencing court shall determine if
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3237	3237	SECTION 9107 ASSEMBLY BILL 506
3238	3238	it is in the public interest to resentence the person or adjust the probation and change
3239	3239	the record to reflect the lesser crime. Such actions are presumed to be in the public
3240	3240	interest unless there is clear and convincing evidence that the actions would create
3241	3241	a risk to public safety. If the sentencing court determines it is in the public interest
3242	3242	to take such actions, the sentencing court shall do so.
3243	3243	b. If the record involves a marijuana-related crime that is a felony and the
3244	3244	person has completed the sentence or period of probation, the sentencing court shall
3245	3245	be notified. The sentencing court shall schedule a hearing. If par. (b) 2. a. applies,
3246	3246	the sentencing court shall determine if it is in the public interest to expunge the
3247	3247	record. If par. (b) 2. b. applies, the sentencing court shall determine if it is in the
3248	3248	public interest to redesignate the crime to a lesser crime and change the record to
3249	3249	reflect the lesser crime. Such actions are presumed to be in the public interest unless
3250	3250	there is clear and convincing evidence that the actions would create a risk to public
3251	3251	safety. If the sentencing court determines it is in the public interest to take such
3252	3252	actions, the sentencing court shall do so.
3253	3253	c. In making determinations under subd. 2. a. and b., the court shall consider
3254	3254	the nature and severity of the marijuana-related crime, including whether the
3255	3255	commission of the marijuana-related crime involved a weapon or infliction of or
3256	3256	intent to inflict bodily harm; the potential that the dismissal, expungement, or
3257	3257	redesignation would increase the risk to other individuals or the public; any
3258	3258	aggravating or mitigating circumstances, including the person's level or
3259	3259	participation and the context and circumstances of the marijuana-related crime;
3260	3260	statements from victims and law enforcement; and any other factors the court finds
3261	3261	relevant.
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3288	3288	SECTION 9107
3289	3289	ASSEMBLY BILL 506
3290	3290	d. If the record involves a marijuana-related crime that is a felony, the felony
3291	3291	is expunged or redesignated to a misdemeanor or civil forfeiture under this
3292	3292	subdivision, and the person is not otherwise prohibited from possessing a firearm
3293	3293	under s. 941.29 or federal law, the sentencing court shall determine if there is good
3294	3294	cause to restore the person's right to possess a firearm. If the sentencing court finds
3295	3295	good cause, the sentencing court shall notify the department of justice, and the
3296	3296	conviction that is redesignated or expunged is not a conviction for purposes of s.
3297	3297	941.29 or 18 USC 921.
3298	3298	3. If the record involves an arrest for or charge of a marijuana-related crime
3299	3299	and par. (b) 3. or 4. applies, the director of state courts shall expunge such arrests or
3300	3300	charges.
3301	3301	SECTION 9128.0Nonstatutory provisions; Legislature.
3302	3302	(1) JOINT LEGISLATIVE COUNCIL STUDY. The joint legislative council shall study
3303	3303	the implementation of the marijuana tax and regulation provided under subch. IV
3304	3304	of ch. 139 and identify uses for the revenues generated by the tax. The joint
3305	3305	legislative council shall report its findings, conclusions, and recommendations to the
3306	3306	joint committee on finance no later than 2 years after the effective date of this
3307	3307	subsection.
3308	3308	(END)
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