SB 377

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.

recreational use of marijuana

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

permit a Wisconsin resident who is at least 21 years of age to possess no more than

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

years of age to possess no more than one-quarter ounce of marijuana. Generally,

under the bill, 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. The bill also eliminates the prohibition on possessing or using drug

paraphernalia that relates to marijuana consumption.

The bill 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. The bill requires a person to obtain separate permits

from the Department of Revenue to produce, process, distribute, or sell marijuana,

and requires marijuana producers and processors to obtain additional permits from

the Department of Agriculture, Trade and Consumer Protection. The requirements

for obtaining these permits differ based on whether the permit is issued by DOR or

DATCP but, in general, a person may not obtain such a permit if he or she is not a

state resident, is under the age of 21, or has been convicted of certain crimes; in

addition, a person may not operate under a DOR permit within 500 feet of a school,

playground, recreation facility, child care facility, public park, public transit facility,

or library and may not operate as a marijuana producer under a DATCP permit

within 500 feet of a school. A person who holds a permit from DOR must also comply

with certain operational requirements.

Under the bill, a permit applicant with 20 or more employees may not receive

a permit from DATCP or DOR unless the the applicant certifies that the applicant

has entered into a labor peace agreement with a labor organization. The labor peace

agreement prohibits the labor organization and its members from engaging in any

economic interference with persons doing business in this state, prohibits the