AB 224

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.

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

to permit a Wisconsin resident who is over the age of 21 to possess no more than

one-half an ounce of marijuana and to permit a nonresident of Wisconsin who is over

the age of 21 to possess no more than a 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 prohibits the sale for recreational use of product intended for human

consumption that contains marijuana or marijuana extracts and that is edible. This

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

Internet. A person who violates either of these prohibitions 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 eliminates the prohibition on possessing or using drug paraphernalia that

relates to marijuana consumption.

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

marijuana for recreational use and pay a tax equal to 25 percent of the sales price.

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