2013 - 2014 LEGISLATURE
October 22, 2013 - Introduced by Senators Erpenbach, L. Taylor, T. Cullen,
Harris and Lehman, cosponsored by Representatives C. Taylor, Danou,
Ohnstad, Berceau, Clark, Genrich, Hesselbein, Pasch, Pope, Sargent,
Shankland, Young and Zepnick. Referred to Committee on Health and
1An Act to renumber
subchapter IV of chapter 50 [precedes 50.90]; to renumber
59.54 (25), 961.55 (8), 968.19 and 968.20 (1); to amend
20.435 (6) 3
(jm), 50.56 (3), 59.54 (25m), 66.0107 (1) (bm), 66.0107 (1) (bp), 146.40 (1) (bo), 4
146.81 (1) (L), 146.997 (1) (d) 18., 149.14 (3) (nm), 173.12 (1m), 289.33 (3) (d), 5
349.02 (2) (b) 4., 767.41 (5) (am) (intro.), 767.451 (5m) (a) (intro.), 961.555 (2) 6
(a), 961.56 (1) and 968.20 (3) (a) and (b); and to create
20.435 (1) (gq), 20.435 7
(1) (jm), subchapter V of chapter 50 [precedes 50.60], 59.54 (25) (b) 2., 59.54 (25) 8
(b) 3., 66.0408, 146.44, 767.41 (5) (d), 767.451 (5m) (d), 961.01 (5m), 961.01 9
(11v), 961.01 (12v), 961.01 (14c), 961.01 (14g), 961.01 (17k), 961.01 (19m), 10
961.01 (20hm), 961.01 (20ht), 961.01 (20t), 961.01 (21f), 961.01 (21t), 961.436, 11
961.55 (8) (b), 961.55 (8) (c), 961.55 (8) (d), 961.555 (2) (e), 961.555 (2m), 12
961.5755, 968.072, 968.12 (5), 968.19 (2), 968.20 (1d) and 968.20 (1j) of the 13
statutes; relating to: medical use of marijuana, the regulation of marijuana
1distribution organizations, requiring the exercise of rule-making authority,
2making appropriations, and providing a penalty.
Analysis by the Legislative Reference Bureau
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 creates a medical use defense to marijuana-related
prosecutions and forfeiture actions for, and prohibits the arrest or prosecution of,
persons who are registered with the Department of Health Services (DHS) and have
certain debilitating medical conditions or treatments and primary caregivers of such
persons. The defense and prohibition apply to primary caregivers only if it is not
practicable for the person to acquire, possess, cultivate, or transport marijuana
independently or the person is under the age of 18. The defense and prohibition do
not apply under certain circumstances, including the following: 1) if the person does
not have a valid registry identification card or equivalent; 2) if the amount of
marijuana involved in the offense is more than the maximum authorized amount of
marijuana (12 marijuana plants and three ounces of marijuana leaves or flowers);
3) if, while under the influence of marijuana, the person drives or operates a motor
vehicle or operates heavy machinery or engages in any other conduct that endangers
the health or well being of another person; and 4) if the person smokes marijuana at
certain places including on a school bus or on public transit, at his or her place of
employment, or on school premises.
The bill requires DHS to establish a registry for persons who use marijuana for
medical use. Under the bill, a person may apply for a registry identification card by
submitting to DHS a signed application, a written certification, and a registration
fee of not more than $150. DHS must verify the information and issue the person
a registry identification card. A registry identification card is generally valid for two
years and may be renewed. DHS may not disclose that it has issued to a person a
registry identification card, or information from an application for one, except to a
law enforcement agency for the purpose of verifying that a person possesses a valid
registry identification card. This bill also requires DHS to promulgate a rule listing
other jurisdictions that allow the medical use of marijuana by a visiting person or
allow a person to assist with a person's medical use of marijuana. This bill treats
documents issued by these entities the same as registry identification cards issued
The bill requires DHS to license and regulate nonprofit corporations, known as
compassion centers, that distribute or deliver marijuana or drug paraphernalia or
possess or manufacture marijuana or drug paraphernalia with the intent to deliver
or distribute to facilitate the medical use of marijuana. This bill prohibits
compassion centers from being located within 500 feet of a school, prohibits a
compassion center from distributing to a person more than a maximum authorized
amount of marijuana, and prohibits an organization from possessing a quantity that
exceeds, by an amount determined by DHS, the total maximum authorized amount
of marijuana of all of the persons it serves. An applicant for a license must pay an
initial application fee of $250, and a compassion center must pay an annual fee of
$5,000. This bill also requires DHS to register entities as
tetrahydrocannabinols-testing laboratories. The laboratories must test marijuana
for contaminants; research findings on the use of medical marijuana; and provide
training on safe and efficient cultivation, harvesting, packaging, labeling, and
distribution of marijuana, security and inventory accountability, and research on
This bill also prohibits a village, town, city, or county from prohibiting a person
who is allowed to cultivate marijuana under this bill from cultivating the marijuana
This bill changes state law regarding marijuana. It does not affect federal law,
which generally prohibits persons from manufacturing, delivering, or possessing
marijuana and applies to both intrastate and interstate violations.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.435 (1) (gq) of the statutes is created to read:
(gq) Medical marijuana registry.
All moneys received as fees under 3
s. 146.44 (2) (a) 4., for the purposes of the Medical Marijuana Registry Program under 4
20.435 (1) (jm) of the statutes is created to read:
(jm) Licensing and support services for compassion centers.
moneys received under s. 50.64 to regulate and license compassion centers, and to 8
register laboratories, under subch. V of ch. 50.
20.435 (6) (jm) of the statutes is amended to read:
(jm) Licensing and support services.
The amounts in the schedule 2
for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm), 3
and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and 4
(5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and 5
146.40 (4r) (b) and (er), and subch. IV VI
of ch. 50 and to conduct health facilities plan 6
and rule development activities, for accrediting nursing homes, convalescent homes, 7
and homes for the aged, to conduct capital construction and remodeling plan reviews 8
under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or 9
certifying, and approving facilities, issuing permits, and providing technical 10
assistance, that are not specified under any other paragraph in this subsection. All 11
moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 12
50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and 13
50.981, all moneys received from fees for the costs of inspecting, licensing or 14
certifying, and approving facilities, issuing permits, and providing technical 15
assistance, that are not specified under any other paragraph in this subsection, and 16
all moneys received under s. 50.135 (2) shall be credited to this appropriation 17
50.56 (3) of the statutes is amended to read:
Notwithstanding sub. (2), insofar as a conflict exists between this 20
subchapter, or the rules promulgated under this subchapter, and subch. I, II or IV 21VI
, or the rules promulgated under subch. I, II or
, the provisions of this 22
subchapter and the rules promulgated under this subchapter control.
Subchapter IV of chapter 50 [precedes 50.90] of the statutes is 24
renumbered subchapter VI of chapter 50.
Subchapter V of chapter 50 [precedes 50.60] of the statutes is 2
created to read:
Distribution and testing Centers
In this subchapter:
"Compassion center" means a licensed organization that grows and 8
distributes marijuana for the medical use of tetrahydrocannabinols.
"Maximum authorized amount" has the meaning given in s. 961.01 (14c).
"Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 11
"Qualifying patient" has the meaning given in s. 961.01 (20hm).
"Registry identification card" has the meaning given in s. 146.44 (1) (g).
"Treatment team" has the meaning given in s. 961.01 (20t).
"Usable marijuana" has the meaning given in s. 961.01 (21f).
"Written certification" has the meaning given in s. 961.01 (21t).
1750.61 Departmental powers and duties.
The department shall provide 18
licensing, regulation, record keeping, and security for compassion centers.
The department shall issue licenses to operate as a 20
compassion center and shall decide which and how many applicants for a license 21
receive a license based on all of the following:
Convenience to treatment teams and the preferences of treatment teams.
The ability of an applicant to provide to treatment teams a sufficient 24
amount of medical marijuana for the medical use of tetrahydrocannabinols.
The experience the applicant has running a nonprofit organization or a 2
The preferences of the governing bodies with jurisdiction over the area in 4
which the applicants are located.
The ability of the applicant to keep records confidential and maintain a safe 6
and secure facility.
The ability of the applicant to abide by the prohibitions under s. 50.63.
The department may not issue a license to, and must 9
revoke a license of, any organization to which any of the following applies:
The organization does not qualify as a nonprofit organization, as defined 11
in s. 108.02 (19).
The organization is located within 500 feet of a public or private elementary 13
or secondary school, including a charter school.