LRB-2457/1

CMH/JK/EVM/MD/MP : kjf

2017 - 2018 LEGISLATURE

August 24, 2017 - Introduced by Representatives Sargent , Ohnstad , C. Taylor ,

Crowley , Zepnick , Anderson , Stuck , Kessler , Pope , Berceau , Zamarripa ,

Brostoff , Sinicki , Subeck and Bowen , cosponsored by Senators Johnson , L.

Taylor and Larson . Referred to Committee on Criminal Justice and Public

Safety.

AB482,3,9 1 An Act to repeal 23.33 (1) (jo) 5., 30.50 (10m) (e), 340.01 (50m) (e), 350.01 (10v)

2 (e), 885.235 (1) (d) 5., 939.22 (33) (e), 961.14 (4) (t), 961.41 (1) (h), 961.41 (1m)

3 (h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7., 961.571 (1) (a) 11. e., 961.571

4 (1) (a) 11. k. and L. and 967.055 (1m) (b) 5.; to renumber 30.681 (1) (bn) and

5 subchapter VI (title) of chapter 50 [precedes 50.90]; to renumber and amend

6 23.33 (4c) (a) 5., 30.681 (1) (d), 108.133 (1) (a), 115.35 (1), 346.63 (1) (d), 350.101

7 (1) (e), 961.01 (14) and 961.34; to amend 20.435 (6) (jm), 23.33 (1) (jo) 1., 23.33

8 (4c) (a) 4., 23.33 (4c) (b) 3., 23.33 (4c) (b) 4. a., 23.33 (4c) (b) 4. b., 23.33 (4p) (d),

9 23.33 (13) (b) 1., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (e), 30.50 (10m) (a),

10 30.681 (1) (b) (title), 30.681 (1) (bn) (title), 30.681 (1) (c), 30.681 (2) (b) (title),

11 30.681 (2) (c), 30.681 (2) (d) 1. a., 30.681 (2) (d) 1. b., 30.684 (4), 30.80 (6) (d),

12 49.148 (4) (a), 49.45 (23) (g) 1. e., 49.79 (1) (b), 50.56 (3), 51.49 (1) (d), 59.54 (25)

13 (title), 59.54 (25) (a) (intro.), 66.0107 (1) (bm), 111.35 (2) (e), 146.40 (1) (bo),

14 146.81 (1) (L), 146.997 (1) (d) 18., 289.33 (3) (d), 340.01 (50m) (a), 343.10 (5) (a)

1 1., 343.10 (5) (a) 2., 343.12 (7) (a) 11., 343.16 (2) (b), 343.16 (5) (a), 343.30 (1p),

2 343.30 (1q) (h), 343.305 (2), 343.305 (3) (a), 343.305 (3) (am), 343.305 (3) (ar) 1.,

3 343.305 (3) (b), 343.305 (5) (b), 343.305 (5) (d), 343.305 (7) (a), 343.305 (8) (b)

4 2. bm., 343.305 (8) (b) 2. d., 343.305 (8) (b) 4m. a., 343.305 (8) (b) 5. b., 343.305

5 (8) (b) 6. b., 343.305 (9) (a) 5. a., 343.305 (9) (am) 5. a., 343.305 (9) (am) 5. c.,

6 343.305 (9) (d), 343.305 (10) (em), 343.307 (1) (d), 343.307 (2) (e), 343.31 (1) (am),

7 343.31 (2), 343.315 (2) (a) 2., 343.315 (2) (a) 5., 343.315 (2) (a) 6., 343.315 (2) (bm)

8 2., 343.32 (2) (bj), 344.576 (2) (b), 346.63 (1) (b), 346.63 (2) (a) 2., 346.63 (2) (b)

9 1., 346.63 (2) (b) 2., 346.65 (2m) (a), 346.65 (2q), 349.02 (2) (b) 4., 349.03 (2m),

10 349.06 (1m), 350.01 (10v) (a), 350.101 (1) (d), 350.101 (2) (c), 350.101 (2) (d) 1.,

11 350.101 (2) (d) 2., 350.104 (4), 350.11 (3) (d), 609.83, 767.41 (5) (am) (intro.),

12 767.451 (5m) (a), 885.235 (1) (d) 1., 885.235 (1g) (intro.), 885.235 (1m), 885.235

13 (4), 895.047 (3) (a), 905.04 (4) (f), 939.22 (33) (a), 940.09 (1m) (a), 940.09 (1m)

14 (b), 940.09 (2) (a), 940.09 (2) (b), 940.25 (1m), 940.25 (2), 941.20 (1) (bm), 961.38

15 (1n) (a), 961.41 (1r), 961.41 (3g) (c), 961.41 (3g) (d), 961.41 (3g) (em), 961.47 (1),

16 961.48 (3), 961.48 (5), 961.49 (1m) (intro.), 961.571 (1) (a) 11. (intro.), 967.055

17 (1) (a), 967.055 (1) (b), 967.055 (1m) (b) 1., 967.055 (2) (a), 971.365 (1) (a),

18 971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); and to create 20.435 (1) (jm),

19 20.566 (1) (bn), 23.33 (1) (k), 23.33 (4c) (a) 2g., 23.33 (4c) (a) 3g., 23.33 (4c) (b)

20 2n., 30.50 (13p), 30.681 (1) (b) 1g., 30.681 (1) (bn) 2., 30.681 (2) (b) 1g.,

21 subchapter VI of chapter 50 [precedes 50.80], 66.0414, 94.55, 108.02 (18r),

22 108.04 (5m), 108.133 (1) (a) 2., 111.32 (9m), 111.32 (11m), 115.35 (1) (a) 6., 121.02

23 (1) (L) 7., subchapter IV (title) of chapter 139 [precedes 139.97], 139.97,

24 139.971, 139.972, 139.973, 139.974, 139.975, 139.976, 139.977, 139.978,

25 139.979, 139.980, 146.44, 340.01 (66m), 343.305 (5) (dm), 346.63 (2p), 350.01

1 (21g), 350.101 (1) (bg), 350.101 (1) (cg), 350.101 (2) (bg), 632.895 (16p), 767.41

2 (5) (d), 767.451 (5m) (d), 885.235 (1) (e), 885.235 (1g) (ag), 885.235 (1g) (cg),

3 885.235 (1L), 939.22 (39g), 940.09 (1) (bg), 940.09 (1) (dg), 940.09 (1g) (bg),

4 940.09 (1g) (dg), 940.25 (1) (bg), 940.25 (1) (dg), 941.20 (1) (bg) and subchapter

5 VIII of chapter 961 [precedes 961.70] of the statutes; relating to: marijuana

6 possession, regulation of marijuana distribution and cultivation, medical

7 marijuana, operating a motor vehicle while under the influence of marijuana,

8 making appropriations, requiring the exercise of rule-making authority, and

9 providing criminal penalties. 23.33 (1) (jo) 5., 30.50 (10m) (e), 340.01 (50m) (e), 350.01 (10v)(e), 885.235 (1) (d) 5., 939.22 (33) (e), 961.14 (4) (t), 961.41 (1) (h), 961.41 (1m)(h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7., 961.571 (1) (a) 11. e., 961.571(1) (a) 11. k. and L. and 967.055 (1m) (b) 5.;30.681 (1) (bn) andsubchapter VI (title) of chapter 50 [precedes 50.90];23.33 (4c) (a) 5., 30.681 (1) (d), 108.133 (1) (a), 115.35 (1), 346.63 (1) (d), 350.101(1) (e), 961.01 (14) and 961.34;20.435 (6) (jm), 23.33 (1) (jo) 1., 23.33(4c) (a) 4., 23.33 (4c) (b) 3., 23.33 (4c) (b) 4. a., 23.33 (4c) (b) 4. b., 23.33 (4p) (d),23.33 (13) (b) 1., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (e), 30.50 (10m) (a),30.681 (1) (b) (title), 30.681 (1) (bn) (title), 30.681 (1) (c), 30.681 (2) (b) (title),30.681 (2) (c), 30.681 (2) (d) 1. a., 30.681 (2) (d) 1. b., 30.684 (4), 30.80 (6) (d),49.148 (4) (a), 49.45 (23) (g) 1. e., 49.79 (1) (b), 50.56 (3), 51.49 (1) (d), 59.54 (25)(title), 59.54 (25) (a) (intro.), 66.0107 (1) (bm), 111.35 (2) (e), 146.40 (1) (bo),146.81 (1) (L), 146.997 (1) (d) 18., 289.33 (3) (d), 340.01 (50m) (a), 343.10 (5) (a)1., 343.10 (5) (a) 2., 343.12 (7) (a) 11., 343.16 (2) (b), 343.16 (5) (a), 343.30 (1p),343.30 (1q) (h), 343.305 (2), 343.305 (3) (a), 343.305 (3) (am), 343.305 (3) (ar) 1.,343.305 (3) (b), 343.305 (5) (b), 343.305 (5) (d), 343.305 (7) (a), 343.305 (8) (b)2. bm., 343.305 (8) (b) 2. d., 343.305 (8) (b) 4m. a., 343.305 (8) (b) 5. b., 343.305(8) (b) 6. b., 343.305 (9) (a) 5. a., 343.305 (9) (am) 5. a., 343.305 (9) (am) 5. c.,343.305 (9) (d), 343.305 (10) (em), 343.307 (1) (d), 343.307 (2) (e), 343.31 (1) (am),343.31 (2), 343.315 (2) (a) 2., 343.315 (2) (a) 5., 343.315 (2) (a) 6., 343.315 (2) (bm)2., 343.32 (2) (bj), 344.576 (2) (b), 346.63 (1) (b), 346.63 (2) (a) 2., 346.63 (2) (b)1., 346.63 (2) (b) 2., 346.65 (2m) (a), 346.65 (2q), 349.02 (2) (b) 4., 349.03 (2m),349.06 (1m), 350.01 (10v) (a), 350.101 (1) (d), 350.101 (2) (c), 350.101 (2) (d) 1.,350.101 (2) (d) 2., 350.104 (4), 350.11 (3) (d), 609.83, 767.41 (5) (am) (intro.),767.451 (5m) (a), 885.235 (1) (d) 1., 885.235 (1g) (intro.), 885.235 (1m), 885.235(4), 895.047 (3) (a), 905.04 (4) (f), 939.22 (33) (a), 940.09 (1m) (a), 940.09 (1m)(b), 940.09 (2) (a), 940.09 (2) (b), 940.25 (1m), 940.25 (2), 941.20 (1) (bm), 961.38(1n) (a), 961.41 (1r), 961.41 (3g) (c), 961.41 (3g) (d), 961.41 (3g) (em), 961.47 (1),961.48 (3), 961.48 (5), 961.49 (1m) (intro.), 961.571 (1) (a) 11. (intro.), 967.055(1) (a), 967.055 (1) (b), 967.055 (1m) (b) 1., 967.055 (2) (a), 971.365 (1) (a),971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); and20.435 (1) (jm),20.566 (1) (bn), 23.33 (1) (k), 23.33 (4c) (a) 2g., 23.33 (4c) (a) 3g., 23.33 (4c) (b)2n., 30.50 (13p), 30.681 (1) (b) 1g., 30.681 (1) (bn) 2., 30.681 (2) (b) 1g.,subchapter VI of chapter 50 [precedes 50.80], 66.0414, 94.55, 108.02 (18r),108.04 (5m), 108.133 (1) (a) 2., 111.32 (9m), 111.32 (11m), 115.35 (1) (a) 6., 121.02(1) (L) 7., subchapter IV (title) of chapter 139 [precedes 139.97], 139.97,139.971, 139.972, 139.973, 139.974, 139.975, 139.976, 139.977, 139.978,139.979, 139.980, 146.44, 340.01 (66m), 343.305 (5) (dm), 346.63 (2p), 350.01(21g), 350.101 (1) (bg), 350.101 (1) (cg), 350.101 (2) (bg), 632.895 (16p), 767.41(5) (d), 767.451 (5m) (d), 885.235 (1) (e), 885.235 (1g) (ag), 885.235 (1g) (cg),885.235 (1L), 939.22 (39g), 940.09 (1) (bg), 940.09 (1) (dg), 940.09 (1g) (bg),940.09 (1g) (dg), 940.25 (1) (bg), 940.25 (1) (dg), 941.20 (1) (bg) and subchapterVIII of chapter 961 [precedes 961.70] of the statutes;

Analysis by the Legislative Reference Bureau

Current law prohibits a person from manufacturing, distributing, or delivering

marijuana; possessing marijuana with the intent to manufacture, distribute, or

deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;

or possessing drug paraphernalia with the intent to produce, distribute, or use a

controlled substance. This bill changes state law so that state law permits both

recreational use of marijuana and medical use of marijuana.

With respect to recreational use of marijuana, this bill changes state law to

permit a Wisconsin resident who is at least 21 to possess no more than two ounces

of marijuana and to permit a nonresident of Wisconsin who is at least 21 to possess

no more than one-quarter ounce of marijuana. Generally, a person who possesses

more than the maximum amount he or she is allowed to possess, but not more than

28 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or

imprisonment not to exceed 90 days or both. A person who possesses more than 28

grams of marijuana is guilty of a Class B misdemeanor, except that, if the person

takes action to hide the amount of marijuana he or she has and the person has in

place a security system to alert him or her to the presence of law enforcement, a

method of intimidation, or a trap that could injure or kill a person approaching the

area containing the marijuana, the person is guilty of a Class I felony. This bill also

eliminates the prohibition on possessing or using drug paraphernalia that relates to

marijuana consumption.

This bill prohibits the sale of marijuana for recreational use via mail, telephone,

or Internet. A person who violates this prohibition is guilty of a Class A

misdemeanor. This bill prohibits the use of marijuana in public. A person who

violates this prohibition is subject to a civil forfeiture of not more than $100.

This bill also creates a process by which a person may obtain a permit to

produce, process, or sell marijuana for recreational use and pay an excise tax for the

privilege of doing business in this state. Under this bill, a person who does not have

a permit to sell marijuana may not sell, distribute, or transfer marijuana, or possess

marijuana with the intent to sell or distribute it. A person who violates the

prohibition is guilty of a Class I felony except that the felony classification increases

to a Class H felony if the person sells, distributes, or transfers the marijuana to a

person who is under the age of 21 (minor) and the person is at least three years older

than the minor. This bill prohibits a permittee from selling, distributing, or

transferring marijuana to a minor and from permitting a minor to be on premises for

which a permit is issued. If a permittee violates one of those prohibitions, the

permittee may be subject to a civil forfeiture of not more than $500 and the permit

may be suspended for up to 30 days. Under this bill, a minor who does any of the

following is subject to a forfeiture of not less than $250 nor more than $500: procures

or attempts to procure marijuana from a permittee; falsely represents his or her age

to receive marijuana from a permittee; knowingly possesses marijuana for

recreational use; or knowingly enters any premises for which a permit has been

issued without being accompanied by his or her parent, guardian, or spouse who is

at least 21 years of age.

In addition, under this bill, a person who cultivates more than six marijuana

plants at one time is required to have a permit. A person without a permit who

cultivates more than six plants at one time but not more than 12, is subject to a civil

forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both. If the

person cultivates more than 12 plants at one time, the person is guilty of a Class B

misdemeanor, except that, if the person takes action to hide the number of plants he

or she has and the person has in place a security system to alert him or her to the

presence of law enforcement, a method of intimidation, or a trap that could injure or

kill a person approaching the area containing the plants, the person is guilty of a

Class I felony.

With respect to the medical use of marijuana, this bill changes state law to

permit a person to use marijuana for medical use to alleviate the symptoms or effects

of a debilitating medical condition or treatment. A person's primary caregiver also

may acquire, possess, cultivate, or transport marijuana for a person suffering from

a debilitating medical condition or treatment if it is not practicable for the person to

acquire, possess, cultivate, or transport marijuana independently or the person is

under the age of 18.

The bill requires the Department of Health Services to establish a registry for

persons who use marijuana for medical use. Under the bill, a person may apply for

a registry identification card by submitting to DHS a signed application, a written

certification by the person's physician that the person has or is undergoing a

debilitating medical condition or treatment and that the potential benefits of the

person's use of tetrahydrocannabinols would likely outweigh the health risks for the

person, and a registration fee of not more than $150. DHS must verify the

information and issue the person a registry identification card. A registry

identification card is generally valid for four years and may be renewed. DHS may

not disclose that it has issued to a person a registry identification card, or

information from an application for one, except to a law enforcement agency for the

purpose of verifying that a person possesses a valid registry identification card. This

bill also requires DHS to promulgate a rule listing other jurisdictions that allow the

medical use of marijuana by a visiting person or allow a person to assist with a

person's medical use of marijuana. This bill treats documents issued by these

entities the same as registry identification cards issued by DHS.

The bill also requires DHS to license and regulate compassion centers to

distribute or deliver marijuana or drug paraphernalia or possess or manufacture

marijuana or drug paraphernalia with the intent to deliver or distribute to facilitate

the medical use of marijuana. This bill prohibits compassion centers from being

located within 500 feet of a school, prohibits a compassion center from distributing

to a person more than six live marijuana plants and three ounces of usable marijuana

(maximum medicinal amount), and prohibits a compassion center from possessing

a quantity that exceeds, by an amount determined by DHS, the total maximum

medicinal amount of marijuana of all of the persons it serves. An applicant for a

license must pay an initial application fee of $250, and a compassion center must pay

an annual fee of $5,000. This bill also requires DHS to register entities as

tetrahydrocannabinols-testing laboratories. The laboratories must test marijuana

for contaminants; research findings on the use of medical marijuana; and provide

training on safe and efficient cultivation, harvesting, packaging, labeling, and

distribution of marijuana, security and inventory accountability, and research on

medical marijuana.

Under current law, a person may not operate a vehicle with a detectable amount

of a restricted controlled substance, which includes delta-9-tetrahydrocannabinol

(THC), in his or her blood, regardless of impairment. Penalties for violating this

provision increase with the number of violations. Under this bill, a person may not

operate a vehicle with a THC concentration of 5.0 ng/mL or more, instead of a

detectable amount, in his or her blood. This bill does not change the penalty

structure.

Under the fair employment law, no employer or other person may engage in any

act of employment discrimination against any individual on the basis of the

individual's use or nonuse of lawful products off the employer's premises during

nonworking hours, subject to certain exceptions, one of which is if the use impairs

the individual's ability to undertake adequately the job-related responsibilities of

that individual's employment. The bill specifically defines marijuana as a lawful

product for purposes of the fair employment law, such that no person may engage in

any act of employment discrimination against an individual due to the individual's

use of marijuana off the employer's premises during nonworking hours, subject to

those exceptions.

Under current law, an individual may be disqualified from receiving

unemployment insurance benefits if he or she is terminated due to misconduct or

substantial fault. The bill specifically provides that an employee's use of marijuana

off the employer's premises during nonworking hours does not constitute misconduct

or substantial fault, unless termination for that use is permitted under one of the

exceptions under the fair employment law. Also under current law, the Department

of Workforce Development must establish a program to test claimants who apply for

UI benefits for the presence of controlled substances, as defined under federal law.

If a claimant tests positive for a controlled substance, the claimant may be denied

UI benefits, subject to certain exceptions and limitations. The bill excludes THC for

purposes of this testing requirement. As such, under the bill, an individual who tests

positive for THC may not be denied UI benefits.

The bill exempts THC including marijuana from drug testing for certain public

assistance program. Currently, a participant in a community service job or

transitional placement under the Wisconsin Works program (W2) or a recipient of

the FoodShare program, also known as the food stamp program, who is convicted of

possession, use, or distribution of a controlled substance must submit to a test for

controlled substances as a condition of continued eligibility. DHS is currently

required to request a waiver of federal Medicaid law to require drug screening and

testing as a condition of eligibility for the childless adult demonstration project in the

Medical Assistance program. Current law also requires DHS to promulgate rules to

develop and implement a drug screening, testing, and treatment policy for

able-bodied adults without dependents in the FoodShare employment and training

program. The bill exempts THC from all of those drug testing requirements and

programs. In addition, because THC is not a controlled substance under state law

under the bill, the requirement under current law that the Department of Children

and Families promulgate rules to create a controlled substance abuse screening and

testing requirement for applicants for the work experience program for noncustodial

parents under W2 and the Transform Milwaukee Jobs and Transitional Jobs

programs does not include THC.

The bill requires health insurance policies, known in the bill as disability

insurance policies, and self-insured health plans of the state or of a county, city, town,

village, or school district that provides coverage of prescription drugs and devices to

provide coverage for the medical use of tetrahydrocannabinols in accordance with

requirements specified in the bill and any equipment or supplies necessary for the

medical use of tetrahydrocannabinols. The coverage of the medical use of

tetrahydrocannabinols may be subject under the policy or plan only to the exclusions,

limitations, and cost-sharing provisions that apply generally to the coverage of

prescription drugs or devices under the policy or plan.

This bill changes state law regarding marijuana. It does not affect federal law,

which generally prohibits persons from manufacturing, delivering, or possessing

marijuana and applies to both intrastate and interstate violations.

This proposal may contain a health insurance mandate requiring a social and

financial impact report under s. 601.423, stats.

For further information see the state and local fiscal estimate, which will be

printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do

enact as follows:

AB482,2 3 Section 2 . 20.435 (1) (jm) of the statutes is created to read: 20.435 (1) (jm) of the statutes is created to read:

AB482,7,6 4 20.435 (1) (jm) Licensing and support services for compassion centers. All

5 moneys received under s. 50.84 to regulate and license compassion centers under

6 subch. VII of ch. 50. 20.435(jm)Allmoneys received under s. 50.84 to regulate and license compassion centers undersubch. VII of ch. 50.

AB482,3 7 Section 3 . 20.435 (6) (jm) of the statutes is amended to read: 20.435 (6) (jm) of the statutes is amended to read:

AB482,8,5 8 20.435 (6) (jm) Licensing and support services. The amounts in the schedule

9 for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm),

10 and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and

11 (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and

12 146.40 (4r) (b) and (er), and subch. VI VII of ch. 50 and to conduct health facilities

13 plan and rule development activities, for accrediting nursing homes, convalescent

14 homes, and homes for the aged, to conduct capital construction and remodeling plan

15 reviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing

16 or certifying, and approving facilities, issuing permits, and providing technical

17 assistance, that are not specified under any other paragraph in this subsection. All

18 moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025,

19 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and

1 50.981, all moneys received from fees for the costs of inspecting, licensing or

2 certifying, and approving facilities, issuing permits, and providing technical

3 assistance, that are not specified under any other paragraph in this subsection, and

4 all moneys received under s. 50.135 (2) shall be credited to this appropriation

5 account. 20.435(jm)The amounts in the schedulefor the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm),and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and(5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and146.40 (4r) (b) and (er), and subch.of ch. 50 and to conduct health facilitiesplan and rule development activities, for accrediting nursing homes, convalescenthomes, and homes for the aged, to conduct capital construction and remodeling planreviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensingor certifying, and approving facilities, issuing permits, and providing technicalassistance, that are not specified under any other paragraph in this subsection. Allmoneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025,50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and50.981, all moneys received from fees for the costs of inspecting, licensing orcertifying, and approving facilities, issuing permits, and providing technicalassistance, that are not specified under any other paragraph in this subsection, andall moneys received under s. 50.135 (2) shall be credited to this appropriationaccount.

AB482,4 6 Section 4 . 20.566 (1) (bn) of the statutes is created to read: 20.566 (1) (bn) of the statutes is created to read:

AB482,8,11 7 20.566 (1) (bn) Administration and enforcement of marijuana tax and

8 regulation. The amounts in the schedule for the purposes of administering the

9 marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in

10 enforcing the taxing and regulation of marijuana producers, marijuana processors,

11 and marijuana retailers under subch. IV of ch. 139. 20.566(bn)The amounts in the schedule for the purposes of administering themarijuana tax imposed under subch. IV of ch. 139 and for the costs incurred inenforcing the taxing and regulation of marijuana producers, marijuana processors,and marijuana retailers under subch. IV of ch. 139.

AB482,5 12 Section 5 . 23.33 (1) (jo) 1. of the statutes is amended to read: 23.33 (1) (jo) 1. of the statutes is amended to read:

AB482,8,14 13 23.33 (1) (jo) 1. A controlled substance included in schedule I under ch. 961

14 other than a tetrahydrocannabinol . 23.33(jo) 1. A controlled substance included in schedule I under ch. 961

AB482,6 15 Section 6 . 23.33 (1) (jo) 5. of the statutes is repealed. 23.33 (1) (jo) 5. of the statutes is repealed.

AB482,7 16 Section 7 . 23.33 (1) (k) of the statutes is created to read: 23.33 (1) (k) of the statutes is created to read:

AB482,8,18 17 23.33 (1) (k) “Tetrahydrocannabinols concentration" means the number of

18 nanograms of tetrahydrocannabinols per milliliter of blood. 23.33(k) “Tetrahydrocannabinols concentration" means the number ofnanograms of tetrahydrocannabinols per milliliter of blood.

AB482,8 19 Section 8 . 23.33 (4c) (a) 2g. of the statutes is created to read: 23.33 (4c) (a) 2g. of the statutes is created to read:

AB482,8,23 20 23.33 (4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or

21 above specified levels.' No person may engage in the operation of an all-terrain

22 vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols

23 concentration of 5.0 or more. 23.33(a) 2g. `Operating with a tetrahydrocannabinols concentration at orabove specified levels.' No person may engage in the operation of an all-terrainvehicle or utility terrain vehicle while the person has a tetrahydrocannabinolsconcentration of 5.0 or more.

AB482,9 24 Section 9 . 23.33 (4c) (a) 3g. of the statutes is created to read: 23.33 (4c) (a) 3g. of the statutes is created to read:

AB482,9,5 1 23.33 (4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at

2 specified levels; below age 21.' If a person has not attained the age of 21, the person

3 may not engage in the operation of an all-terrain vehicle or utility terrain vehicle

4 while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less

5 than 5.0. 23.33(a) 3g. `Operating with a tetrahydrocannabinols concentration atspecified levels; below age 21.' If a person has not attained the age of 21, the personmay not engage in the operation of an all-terrain vehicle or utility terrain vehiclewhile he or she has a tetrahydrocannabinols concentration of more than 0.0 but lessthan 5.0.

AB482,10 6 Section 10 . 23.33 (4c) (a) 4. of the statutes is amended to read: 23.33 (4c) (a) 4. of the statutes is amended to read:

AB482,9,15 7 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a

8 prosecutor may proceed upon a complaint based upon a violation of any combination

9 of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If

10 the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the

11 offenses shall be joined. If the person is found guilty of any combination of subd. 1.,

12 2., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be

13 a single conviction for purposes of sentencing and for purposes of counting

14 convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require

15 proof of a fact for conviction which the others do not require. 23.33(a) 4. `Related charges.' A person may be charged with and aprosecutor may proceed upon a complaint based upon a violation of any combinationof subd. 1., 2.,or 2m. for acts arising out of the same incident or occurrence. Ifthe person is charged with violating any combination of subd. 1., 2.,or 2m., theoffenses shall be joined. If the person is found guilty of any combination of subd. 1.,2.,or 2m. for acts arising out of the same incident or occurrence, there shall bea single conviction for purposes of sentencing and for purposes of countingconvictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2.,and 2m. each requireproof of a fact for conviction which the others do not require.

AB482,11 16 Section 11 . 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a.

17 and amended to read: 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a.and amended to read:

AB482,9,24 18 23.33 (4c) (a) 5. a. In an action under subd. 2m. that is based on the defendant

19 allegedly having a detectable amount of methamphetamine , or

20 gamma-hydroxybutyric acid , or delta-9-tetrahydrocannabinol in his or her blood,

21 the defendant has a defense if he or she proves by a preponderance of the evidence

22 that at the time of the incident or occurrence he or she had a valid prescription for

23 methamphetamine or one of its metabolic precursors , or gamma-hydroxybutyric

24 acid , or . 23.33(a) 5. a. In an action under subd. 2m. that is based on the defendantallegedly having a detectable amount of methamphetaminegamma-hydroxybutyric acidin his or her blood,the defendant has a defense if he or she proves by a preponderance of the evidencethat at the time of the incident or occurrence he or she had a valid prescription formethamphetamine or one of its metabolic precursorsgamma-hydroxybutyricacid

AB482,10,6 1 b. In an action under subd. 2g. or 3g. that is based on the defendant allegedly

2 having a prohibited tetrahydrocannabinols concentration, the defendant has a

3 defense if he or she proves by a preponderance of the evidence that at the time of the

4 incident or occurrence he or she had a valid prescription for

5 delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.

6 50.80 (6) . delta-9-tetrahydrocannabinol

AB482,12 7 Section 12 . 23.33 (4c) (b) 2n. of the statutes is created to read: 23.33 (4c) (b) 2n. of the statutes is created to read:

AB482,10,11 8 23.33 (4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols

9 concentration at or above specified levels.' No person who has a

10 tetrahydrocannabinols concentration of 5.0 or more may cause injury to another

11 person by the operation of an all-terrain vehicle or utility terrain vehicle. 23.33(b) 2n. `Causing injury while operating with tetrahydrocannabinolsconcentration at or above specified levels.' No person who has atetrahydrocannabinols concentration of 5.0 or more may cause injury to anotherperson by the operation of an all-terrain vehicle or utility terrain vehicle.

AB482,13 12 Section 13 . 23.33 (4c) (b) 3. of the statutes is amended to read: 23.33 (4c) (b) 3. of the statutes is amended to read: