AB 810

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 a

Wisconsin resident who is over the age of 21 to possess no more than one-half an

ounce of marijuana, 8 ounces of marijuana-infused product in solid form, or 36

ounces of marijuana-infused product in liquid form and so that state law permits a

nonresident of Wisconsin who is over the age of 21 to possess no more than a quarter

ounce of marijuana, 4 ounces of marijuana-infused product in solid form, or 18

ounces of marijuana-infused product in liquid form. This bill also eliminates the

prohibition on possessing or using drug paraphernalia that relates to marijuana

consumption. A person who possesses more than the maximum amount but not more

than 20 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or

imprisonment not to exceed 90 days or both and a person who possesses more than

20 grams of marijuana is guilty of a Class I felony. In addition, under the bill, the

cultivation of marijuana is a Class I felony and the use of marijuana in public 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 sell

marijuana. 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; or knowingly enters any premises for

which a permit has been issued.

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.