Assembly Bill 440
Butane extraction of resin from marijuana plants and providing a penalty
Vetoed by the governor
Both chambers passed it, and the governor vetoed it on Feb 4, 2022. Lawmakers did not , so it stands.
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Introduced, passed
Jul 12, 2021
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Committee, passed
Approved
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Assembly vote, passed
Passed Jan 20, 2022
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Senate vote, passed
Passed 21 to 12
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Governor, stopped here
Vetoed Feb 4, 2022.
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Law, not reached
Latest entry in the official record, May 17, 2022: “Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82”
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Terms on this page
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Current law prohibits a person from manufacturing, distributing, or delivering, or possessing with intent to manufacture, distribute, or deliver, marijuana. The penalties for violating the prohibition range from a Class I felony to a Class E felony, depending on the amount of marijuana involved. Under this bill, the penalty increases to a Class E felony, regardless of the amount of marijuana involved, if the person uses butane extraction in the manufacturing of the marijuana or in separating the plant resin from a marijuana plant.
Current law also prohibits a person from possessing marijuana. The penalty for violating the prohibition is a Class A misdemeanor for a first offense and a Class I felony if the person has previously been convicted of a controlled substances crime.
Read the full summary Show less
Under this bill, the penalty for such a repeat offense is greater if the marijuana the person possesses is resin that has been directly or indirectly separated from a marijuana plant by butane extraction. The penalties for possession of such resin vary based on the amount: three grams or less is a Class H felony; more than three grams but not more than 10 grams is a Class G felony; more than 10 grams but not more than 50 grams is a Class F felony; and more than 50 grams is a Class E felony.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
Who's behind it
11 lawmakers are its . All 11 are Republicans.
3 more lawmakers .
See all 14 names Hide the names
Authors (11)
- Scott Allen · Republican, Assembly
- Janel Brandtjen · Republican, Assembly
- Calvin Callahan · Republican, Assembly
- Barbara Dittrich · Republican, Assembly
- Rick Gundrum · Republican, Assembly
- Cody Horlacher · Republican, Assembly
- Jesse James · Republican, Senate
- Gae Magnafici · Republican, Assembly
- Dave Murphy · Republican, Assembly
- Timothy Ramthun · Republican, Assembly
- Chuck Wichgers · Republican, Assembly
Signed on in support (3)
- André Jacque · Republican, Senate
- Duey Stroebel · Republican, Senate
- Van Wanggaard · Republican, Senate
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 4 votes on this bill.
Assembly Committee on Substance Abuse and Prevention vote to recommend it
Passed, 5 to 3 · Jan 18, 2022
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by Committee on Substance Abuse and Prevention, Ayes 5, Noes 3”. Official record · This vote on its own page
Senate vote
Passed, 5 to 0 · Jan 21, 2022
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0”. Official record · This vote on its own page
Senate vote
Passed, 21 to 12 · Jan 25, 2022
See how each of the 33 senators voted Hide the names
D: Democrat, R: Republican
Yes (21)
- Alberta Darling (R, 8)
- André Jacque (R, 1)
- Chris Kapenga (R, 33)
- Dale Kooyenga (R, 5)
- Dan Feyen (R, 20)
- Devin LeMahieu (R, 9)
- Duey Stroebel (R, 20)
- Eric Wimberger (R, 2)
- Howard Marklein (R, 17)
- Jerry Petrowski (R, 29)
- Joan Ballweg (R, 14)
- John Jagler (R, 13)
- Julian Bradley (R, 28)
- Kathleen Bernier (R, 23)
- Mary Felzkowski (R, 12)
- Patrick Testin (R, 24)
- Rob Cowles (R, 2)
- Rob Stafsholt (R, 10)
- Roger Roth (R, 19)
- Steve Nass (R, 11)
- Van Wanggaard (R, 21)
No (12)
- Bob Wirch (D, 22)
- Brad Pfaff (D, 32)
- Chris Larson (D, 7)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jeff Smith (D, 31)
- Jon Erpenbach (D, 27)
- Kelda Roys (D, 26)
- LaTonya Johnson (D, 6)
- Lena Taylor (D, 4)
- Melissa Agard (D, 16)
- Tim Carpenter (D, 3)
Official motion: “SHALL THE DECISION OF THE CHAIR STAND”. Official record · This vote on its own page
Senate vote to pass it
Passed, 21 to 12 · Jan 25, 2022
See how each of the 33 senators voted Hide the names
D: Democrat, R: Republican
Yes (21)
- Alberta Darling (R, 8)
- André Jacque (R, 1)
- Chris Kapenga (R, 33)
- Dale Kooyenga (R, 5)
- Dan Feyen (R, 20)
- Devin LeMahieu (R, 9)
- Duey Stroebel (R, 20)
- Eric Wimberger (R, 2)
- Howard Marklein (R, 17)
- Jerry Petrowski (R, 29)
- Joan Ballweg (R, 14)
- John Jagler (R, 13)
- Julian Bradley (R, 28)
- Kathleen Bernier (R, 23)
- Mary Felzkowski (R, 12)
- Patrick Testin (R, 24)
- Rob Cowles (R, 2)
- Rob Stafsholt (R, 10)
- Roger Roth (R, 19)
- Steve Nass (R, 11)
- Van Wanggaard (R, 21)
No (12)
- Bob Wirch (D, 22)
- Brad Pfaff (D, 32)
- Chris Larson (D, 7)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jeff Smith (D, 31)
- Jon Erpenbach (D, 27)
- Kelda Roys (D, 26)
- LaTonya Johnson (D, 6)
- Lena Taylor (D, 4)
- Melissa Agard (D, 16)
- Tim Carpenter (D, 3)
Official motion: “CONCURRENCE”. Official record · This vote on its own page
What happened
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May 17, 2022
The veto stood. Lawmakers didn't override it.
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Feb 4, 2022
The governor vetoed it.
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Feb 1, 2022
Sent to the governor.
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Jan 25, 2022
The Senate passed it too, 21 to 12.
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Jan 25, 2022
“Point of order that Senate Substitute Amendment 1 was not germane well taken, Ayes 21, Noes 12” (the official wording)
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Jan 21, 2022
“Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0” (the official wording)
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Jan 21, 2022
Sent to the Senate Committee on Senate Organization.
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Jan 20, 2022
The Senate received it.
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Jan 20, 2022
The Assembly passed it.
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Jan 18, 2022
Sent to the Assembly Committee on Rules.
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Jan 18, 2022
The committee voted to recommend passing it, 5 to 3.
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Sep 30, 2021
The committee held a public hearing.
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Jul 12, 2021
Sent to the Assembly Committee on Substance Abuse and Prevention.
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Jul 12, 2021
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Jul 12, 2021 · Assembly
Introduced by Representatives James, Allen, Brandtjen, Callahan, Dittrich, Gundrum, Horlacher, Magnafici, Ramthun, Wichgers and Murphy; cosponsored by Senators Stroebel, Jacque and Wanggaard
- Jul 12, 2021 · Assembly
Read first time and referred to Committee on Substance Abuse and Prevention
- Sep 30, 2021 · Assembly
Public hearing held
- Oct 12, 2021 · Assembly
Assembly Amendment 1 offered by Representative Shelton
- Oct 13, 2021 · Assembly
Executive action taken
- Jan 18, 2022 · Assembly
Report passage recommended by Committee on Substance Abuse and Prevention, Ayes 5, Noes 3
- Jan 18, 2022 · Assembly
Referred to committee on Rules
- Jan 18, 2022 · Assembly
Placed on calendar 1-20-2022 by Committee on Rules
- Jan 20, 2022 · Assembly
Read a second time
- Jan 20, 2022 · Assembly
Ordered to a third reading
- Jan 20, 2022 · Assembly
Rules suspended
- Jan 20, 2022 · Assembly
Read a third time and passed
- Jan 20, 2022 · Assembly
Ordered immediately messaged
- Jan 20, 2022 · Senate
Received from Assembly
- Jan 21, 2022 · Senate
Read first time and referred to committee on Senate Organization
- Jan 21, 2022 · Senate
Available for scheduling
- Jan 21, 2022 · Senate
Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0
- Jan 21, 2022 · Senate
Placed on calendar 1-25-2022 pursuant to Senate Rule 18(1)
- Jan 25, 2022 · Senate
Senate Substitute Amendment 1 offered by Senators Agard, Roys, Smith, Pfaff, Larson, Johnson, Erpenbach, L. Taylor and Bewley
- Jan 25, 2022 · Senate
Read a second time
- Jan 25, 2022 · Senate
Point of order that Senate Substitute Amendment 1 was not germane well taken, Ayes 21, Noes 12
- Jan 25, 2022 · Senate
Ordered to a third reading
- Jan 25, 2022 · Senate
Rules suspended
- Jan 25, 2022 · Senate
Read a third time and concurred in, Ayes 21, Noes 12
- Jan 25, 2022 · Senate
Ordered immediately messaged
- Jan 25, 2022 · Assembly
Received from Senate concurred in
- Jan 27, 2022 · Assembly
Report correctly enrolled on 1-27-2022
- Feb 1, 2022 · Assembly
Presented to the Governor on 2-1-2022
- Feb 4, 2022 · Assembly
Report vetoed by the Governor on 2-4-2022
- May 17, 2022 · Assembly
Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)
- May 17, 2022 · Assembly
Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82
Terms on this page
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote