2013 WISCONSIN ACT
293
An Act
to renumber and amend
59.54 (25) and 59.54 (25g);
to amend
66.0107 (1) (bm) and 66.0107 (1) (bn); and
to create
59.54 (25) (a) 1. and 2. and 59.54 (25g) (a) 1. and 2. of the statutes;
relating to:
local ordinances regarding possession of marijuana or a synthetic cannabinoid.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
59.54 (25) of the statutes is renumbered 59.54 (25) (a) (intro.) and amended to read:
59.54
(25)
(a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of
25 grams or less of
marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that
any person who is charged with
if a complaint is issued regarding an allegation of
possession of more than 25 grams of marijuana, or
who is charged with
possession of any amount of marijuana following a conviction
in this state
for possession of marijuana,
in this state shall not
the subject of the complaint may not
be prosecuted under this subsection
.
for the same action that is the subject of the complaint unless all of the following occur:
(b)
Any ordinance enacted under
this subsection
par. (a)
applies in every municipality within the county.
Section
2
.
59.54 (25) (a) 1. and 2. of the statutes are created to read:
59.54
(25)
(a) 1. The charges for violating the state statute are dismissed or the district attorney declines to prosecute the case.
2. Either the city, village, or town with jurisdiction over the action has no ordinance enacted under s. 66.0107 (1) (bm) in effect or the city, village, or town with jurisdiction over the action has declined to prosecute or has dismissed the charges for the violation of the ordinance enacted under s. 66.0107 (1) (bm).
Section
3
.
59.54 (25g) of the statutes is renumbered 59.54 (25g) (a) (intro.) and amended to read:
59.54
(25g)
(a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of any controlled substance specified in s. 961.14 (4) (tb) to (ty), and provide a forfeiture for a violation of the ordinance, except that
any person who is charged with
if a complaint is issued regarding an allegation of
possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a conviction
in this state
for possession of a controlled substance
in this state shall not
, the subject of the complaint may not
be prosecuted under this subsection
.
for the same action that is the subject of the complaint unless all of the following occur:
(b)
Any ordinance enacted under
this subsection
par. (a)
applies in every municipality within the county.
Section
4
.
59.54 (25g) (a) 1. and 2. of the statutes are created to read:
59.54
(25g)
(a) 1. The charges for violating the state statute are dismissed or the district attorney declines to prosecute the case.
2. Either the city, village, or town with jurisdiction over the action has no ordinance enacted under s. 66.0107 (1) (bn) in effect or the city, village, or town with jurisdiction over the action has declined to prosecute or has dismissed the charges for the violation of the ordinance enacted under s. 66.0107 (1) (bn).
Section
5
.
66.0107 (1) (bm) of the statutes is amended to read:
66.0107
(1)
(bm) Enact and enforce an ordinance to prohibit the possession of
25 grams or less of
marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that
any person who is charged with
if a complaint is issued regarding an allegation of
possession of more than 25 grams of marijuana, or
who is charged with
possession of any amount of marijuana following a conviction
in this state
for possession of marijuana,
in this state shall not
the subject of the complaint may not
be prosecuted under this paragraph
for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case
.
Section
6
.
66.0107 (1) (bn) of the statutes is amended to read:
66.0107
(1)
(bn) Enact and enforce an ordinance to prohibit the possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) and provide a forfeiture for a violation of the ordinance, except that
any person who is charged with
if a complaint is issued regarding an allegation of
possession of a controlled substance specified in s. 961.14 (4) (tb) to (ty) following a conviction
in this state
for possession of a controlled substance
in this state shall not
, the subject of the complaint may not
be prosecuted under this paragraph
for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case
.
