AB 846

Legalizing recreational marijuana

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. The bill changes state law so that it allows recreational use of

marijuana. The bill does not affect federal law, which generally prohibits persons

from manufacturing, delivering, or possessing marijuana and applies to both

intrastate and interstate violations.

The bill changes state law to allow a Wisconsin resident who is at least 21 years

old, or a qualifying patient, to possess no more than two ounces of marijuana and to

allow a nonresident of Wisconsin who is at least 21 years old to possess no more than

one-quarter ounce of marijuana. Under the bill, generally, a qualifying patient is an

individual who has been diagnosed by a physician as having or undergoing a

debilitating medical condition or treatment and who is at least 18 years old.

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.

Special disposition for marijuana-related crimes

The bill also creates a process for persons who have been convicted of an act that

has been decriminalized under the bill. If the person is currently serving a sentence

or on probation for such a conviction, the person may petition a court to dismiss the

conviction and expunge the record. If the person has completed a sentence or period

of probation for such a conviction, the person may petition a court to expunge the

record or, if applicable, redesignate it to a lower crime. Any conviction that is

expunged under the bill is not considered a conviction for any purpose under state

or federal law.

Permits to produce, process, and sell recreational marijuana

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. Sixty percent of the revenue collected from the tax

is deposited into a segregated fund called the “community reinvestment fund”.