AB 482

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