ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 10
March 7, 2017 - Offered by Representatives C. Taylor, Sinicki, Ohnstad, Stuck,
Brostoff, Bowen, Goyke, Riemer, Genrich, Berceau, Wachs, Shankland,
Zamarripa and Anderson.
SB10-ASA1,2,2 1An Act to renumber and amend 961.55 (8) and 968.19; to amend 59.54 (25)
2(a) (intro.), 59.54 (25m), 66.0107 (1) (bm), 66.0107 (1) (bp), 66.1201 (2m),
366.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1m) (h),
4234.29, 289.33 (3) (d), 349.02 (2) (b) 4., 767.41 (5) (am) (intro.), 767.451 (5m) (a),
5961.555 (2) (a), 961.56 (1) and 968.20 (1g) (intro.); and to create 20.435 (1) (gq),
620.435 (1) (jm), subchapter IV of chapter 50 [precedes 50.59], 59.54 (25) (c),
766.0414, 146.44, 767.41 (5) (d), 767.451 (5m) (d), 961.01 (3), 961.01 (5m), 961.01
8(11v), 961.01 (12v), 961.01 (14c), 961.01 (14g), 961.01 (17k), 961.01 (19m),
9961.01 (20hm), 961.01 (20ht), 961.01 (20t), 961.01 (21f), 961.01 (21t), 961.436,
10961.55 (8) (b), 961.55 (8) (c), 961.55 (8) (d), 961.555 (2) (e), 961.555 (2m),
11961.5755, 968.072, 968.12 (6), 968.19 (2) and 968.20 (1j) of the statutes;
12relating to: medical use of marijuana, the regulation of marijuana distribution

1entities, requiring the exercise of rule-making authority, making
2appropriations, and providing a criminal 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 substitute amendment creates a medical use defense to
such marijuana-related prosecutions and forfeiture actions for persons who are
registered with the Department of Health Services as having specified debilitating
medical conditions or treatments and, if applicable, their primary caregivers. This
substitute amendment also prohibits the arrest or prosecution of such persons for
those offenses. The defense and prohibition do not apply under certain
circumstances, such as 1) if the person does not have a valid registry identification
card; 2) if the amount of marijuana involved is more than 12 marijuana plants and
three ounces of marijuana leaves or flowers; 3) if, while under the influence of
marijuana, the person drives a motor vehicle or engages in any other conduct that
endangers the health or well being of another person; or 4) if the person smokes
marijuana on a school bus or public transit or on school premises.
Under the substitute amendment, DHS must establish a registry for persons
who use marijuana for medical use. Under the substitute amendment, a person may
apply to DHS for a registry identification card. DHS must issue a qualified applicant
a registry identification card unless, in the previous ten years, the applicant was
serving a sentence or on probation for certain felony convictions. Except for law
enforcement purposes, DHS must keep registry information and applications
confidential.
Under the substitute amendment, DHS also must license and regulate
dispensaries to facilitate the medical use of marijuana. This substitute amendment
prohibits dispensaries from being located within 500 feet of a school, prohibits a
dispensary from distributing to one person more than an allowable amount of
marijuana, and prohibits a dispensary from possessing an excessive quantity of
marijuana as determined by the number of persons it serves or by DHS. An applicant
for a license must pay an initial application fee of $250, and a dispensary must pay
an annual fee of $5,000.
This substitute amendment requires DHS to promulgate rules to allow entities
to grow marijuana and distribute marijuana to dispensaries. This substitute
amendment also requires DHS to register entities as tetrahydrocannabinols-testing
laboratories.
This substitute amendment 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB10-ASA1,1 1Section 1. 20.435 (1) (gq) of the statutes is created to read:
SB10-ASA1,3,42 20.435 (1) (gq) Medical marijuana registry. All moneys received as fees under
3s. 146.44 (2) (a) 4., for the purposes of the Medical Marijuana Registry Program under
4s. 146.44.
SB10-ASA1,2 5Section 2 . 20.435 (1) (jm) of the statutes is created to read:
SB10-ASA1,3,86 20.435 (1) (jm) Licensing and support services for dispensaries. All moneys
7received under s. 50.594 to license and regulate dispensaries, and to register
8laboratories, under subch. IV of ch. 50.
SB10-ASA1,3 9Section 3 . Subchapter IV of chapter 50 [precedes 50.59] of the statutes is
10created to read:
SB10-ASA1,3,1111 CHAPTER 50
SB10-ASA1,3,1212 SUBCHAPTER IV
SB10-ASA1,3,1313 Distribution and testing Centers
SB10-ASA1,3,14 1450.59 Definitions. In this subchapter:
SB10-ASA1,3,18 15(1) “Dispensary" means an entity licensed under s. 50.592 that cultivates,
16acquires, manufactures, possesses, delivers, transfers, transports, sells, or dispenses
17marijuana, paraphernalia, or related supplies and educational materials to
18treatment teams and other dispensaries.
SB10-ASA1,3,19 19(2) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
SB10-ASA1,3,21 20(3) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
21(14g).
SB10-ASA1,4,1
1(4) “Qualifying patient" has the meaning given in s. 961.01 (20hm).
SB10-ASA1,4,2 2(5) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
SB10-ASA1,4,3 3(6) “Treatment team" has the meaning given in s. 961.01 (20t).
SB10-ASA1,4,4 4(7) “Usable marijuana" has the meaning given in s. 961.01 (21f).
SB10-ASA1,4,5 5(8) “Written certification" has the meaning given in s. 961.01 (21t).
SB10-ASA1,4,7 650.591 Departmental powers and duties. (1) The department shall
7provide licensing, regulation, record keeping, and security for dispensaries.
SB10-ASA1,4,11 8(2) The department shall promulgate rules allowing entities to grow marijuana
9and distribute marijuana to dispensaries, developing security guidelines for the
10entities, and regulating such entities. The rules may not include limits on the
11amount of marijuana the entities grow for, or sell to, dispensaries.
SB10-ASA1,4,14 1250.592 Licensing. The department shall issue licenses to operate as a
13dispensary and shall decide which and how many applicants for a license receive a
14license based on all of the following:
SB10-ASA1,4,15 15(1) Convenience to treatment teams and the preferences of treatment teams.
SB10-ASA1,4,17 16(2) The ability of an applicant to provide to treatment teams a sufficient
17amount of medical marijuana for the medical use of tetrahydrocannabinols.
SB10-ASA1,4,19 18(3) The experience the applicant has running a nonprofit organization or a
19business.
SB10-ASA1,4,21 20(4) The preferences of the governing bodies with jurisdiction over the area in
21which the applicants are located.
SB10-ASA1,4,23 22(5) The ability of the applicant to keep records confidential and maintain a safe
23and secure facility.
SB10-ASA1,4,24 24(6) The ability of the applicant to abide by the prohibitions under s. 50.593.
SB10-ASA1,5,2
150.593 Prohibitions. The department may not issue a license to, and must
2revoke a license of, any entity to which any of the following applies:
SB10-ASA1,5,4 3(1) The entity is located within 500 feet of a public or private elementary or
4secondary school, including a charter school.
SB10-ASA1,5,7 5(2) The dispensary distributes to a treatment team a number of plants or an
6amount of usable marijuana that, in the period of distribution, results in the
7treatment team possessing more than the maximum authorized amount.
SB10-ASA1,5,11 8(3) The dispensary possesses a number of plants or an amount of usable
9marijuana that exceeds the combined maximum authorized amount for all of the
10treatment teams that use the dispensary by a number or an amount determined by
11the department by rule to be unacceptable.
SB10-ASA1,5,14 1250.594 Licensing procedure. (1) An application for a license shall be in
13writing on a form provided by the department and include the licensing application
14fee under sub. (2) (a).
SB10-ASA1,5,15 15(2) (a) A licensing application fee is $250.
SB10-ASA1,5,1616 (b) The annual fee for a dispensary is $5,000.
SB10-ASA1,5,19 17(3) A dispensary license is valid unless revoked. Each license shall be issued
18only for the applicant named in the application and may not be transferred or
19assigned.
SB10-ASA1,5,23 2050.595 Distribution of medical marijuana. (1) A dispensary may deliver
21or distribute tetrahydrocannabinols or drug paraphernalia to a member of a
22treatment team if the dispensary receives a copy of the qualifying patient's written
23certification or registry identification card.
SB10-ASA1,5,25 24(2) A dispensary may possess or manufacture tetrahydrocannabinols or drug
25paraphernalia with the intent to deliver or distribute under sub. (1).
SB10-ASA1,6,4
1(2m) An entity operating under rules promulgated under s. 50.591 (2) may
2possess tetrahydrocannabinols, possess or manufacture tetrahydrocannabinols with
3the intent to deliver or distribute to a dispensary, or deliver or distribute marijuana
4to a dispensary.
SB10-ASA1,6,6 5(3) A dispensary may have 2 locations, one for cultivation and one for
6distribution.
SB10-ASA1,6,11 7(4) A dispensary shall have all tetrahydrocannabinols tested for mold, fungus,
8pesticides, and other contaminants and may not distribute tetrahydrocannabinols
9that test positive for mold, fungus, pesticides, or other contaminants if the
10contaminants, or level of contaminants, are identified by the testing laboratories
11under s. 50.596 (2) to be potentially unsafe to a qualifying patient's health.
SB10-ASA1,6,13 12(5) A dispensary or an entity operating under rules promulgated under s.
1350.591 (2) may cultivate marijuana, including cultivating marijuana outdoors.
SB10-ASA1,6,17 1450.596 Testing laboratories. The department shall register entities as
15tetrahydrocannabinols-testing laboratories. The laboratories may possess or
16manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
17following services:
SB10-ASA1,6,19 18(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
19potency and for mold, fungus, pesticides, and other contaminants.
SB10-ASA1,6,21 20(2) Research findings related to the medical use of tetrahydrocannabinols,
21including research that identifies potentially unsafe levels of contaminants.
SB10-ASA1,6,25 22(3) Provide training to persons who hold registry identification cards,
23treatment teams, persons employed by dispensaries, and entities that grow and
24distribute marijuana, as provided by rules promulgated under s. 50.591 (2), on the
25following:
SB10-ASA1,7,2
1(a) The safe and efficient cultivation, harvesting, packaging, labeling, and
2distribution of marijuana for the medical use of tetrahydrocannabinols.
SB10-ASA1,7,33 (b) Security and inventory accountability procedures.
SB10-ASA1,7,44 (c) The most recent research on the medical use of tetrahydrocannabinols.
SB10-ASA1,4 5Section 4 . 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB10-ASA1,7,166 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
7the possession of marijuana, as defined in s. 961.01 (14), subject to par. (c) and the
8exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
9ordinance; except that if. Any ordinance enacted under this paragraph shall provide
10a person who is prosecuted under it with the defenses that the person has under s.
11961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint
12is issued regarding an allegation of possession of more than 25 grams of marijuana,
13or possession of any amount of marijuana following a conviction in this state for
14possession of marijuana, the subject of the complaint may not be prosecuted under
15this subsection for the same action that is the subject of the complaint unless all of
16the following occur:
SB10-ASA1,5 17Section 5 . 59.54 (25) (c) of the statutes is created to read:
SB10-ASA1,7,2018 59.54 (25) (c) A person may not be prosecuted under an ordinance enacted
19under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
20prosecution under s. 961.41 (3g) (e).
SB10-ASA1,6 21Section 6. 59.54 (25m) of the statutes is amended to read:
SB10-ASA1,8,622 59.54 (25m) Drug paraphernalia. The board may enact an ordinance to
23prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
24(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
25Any ordinance enacted under this subsection shall provide a person prosecuted

1under it with the defenses that the person has under s. 961.5755 to prosecutions
2under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
3under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
4the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
5961.575 (1).
The board may enforce an ordinance enacted under this subsection in
6any municipality within the county.
SB10-ASA1,7 7Section 7 . 66.0107 (1) (bm) of the statutes is amended to read:
SB10-ASA1,8,188 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
9marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
10(intro.), and provide a forfeiture for a violation of the ordinance ; except that if. Any
11ordinance enacted under this paragraph shall provide a person who is prosecuted
12under it with the defenses that the person has under s. 961.436 to prosecutions under
13s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint is issued regarding an allegation
14of possession of more than 25 grams of marijuana, or possession of any amount of
15marijuana following a conviction in this state for possession of marijuana, the subject
16of the complaint may not be prosecuted under this paragraph for the same action that
17is the subject of the complaint unless the charges are dismissed or the district
18attorney declines to prosecute the case.
SB10-ASA1,8 19Section 8. 66.0107 (1) (bp) of the statutes is amended to read:
SB10-ASA1,9,220 66.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
21same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
22(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
23under this paragraph shall provide a person prosecuted under it with the defenses
24that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
25(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted

1under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
2to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
SB10-ASA1,9 3Section 9 . 66.0414 of the statutes is created to read:
SB10-ASA1,9,6 466.0414 Cultivation of tetrahydrocannabinols. No village, town, city, or
5county may enact or enforce an ordinance or a resolution that prohibits cultivating
6tetrahydrocannabinols outdoors if the cultivation is by one of the following:
SB10-ASA1,9,7 7(1) A dispensary, as defined in s. 50.59 (1).
SB10-ASA1,9,10 8(2) A person who is cultivating tetrahydrocannabinols for the medical use of
9tetrahydrocannabinols, as defined in s. 961.01 (14g), if the amount does not exceed
10the maximum authorized amount, as defined in s. 961.01 (14c).
SB10-ASA1,9,12 11(3) An entity that is growing marijuana for distribution as permitted under
12rules promulgated under s. 50.591 (2).
SB10-ASA1,10 13Section 10 . 66.1201 (2m) of the statutes is amended to read:
SB10-ASA1,9,2214 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
15facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
16facility, or privilege in any manner for any purpose nor be discriminated against
17because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic
18abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the
19person holds, or has applied for, a registry identification card, as defined in s. 146.44
20(1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or
21is or has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
22origin.
SB10-ASA1,11 23Section 11 . 66.1213 (3) of the statutes is amended to read:
SB10-ASA1,9,2524 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
25facility, or privilege under this section may not be denied the right, benefit, facility,

1or privilege in any manner for any purpose nor be discriminated against because of
2sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
3sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
4holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
5has been the subject of a written certification, as defined in s. 961.01 (21t), or is or
6has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
7origin.
SB10-ASA1,12 8Section 12 . 66.1301 (2m) of the statutes is amended to read:
SB10-ASA1,10,179 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
10or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
11or privilege in any manner for any purpose nor be discriminated against because of
12sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
13sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
14holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
15has been the subject of a written certification, as defined in s. 961.01 (21t), or is or
16has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
17origin.
SB10-ASA1,13 18Section 13 . 66.1331 (2m) of the statutes is amended to read:
SB10-ASA1,11,219 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
20facility, or privilege under this section may not be denied the right, benefit, facility,
21or privilege in any manner for any purpose nor be discriminated against because of
22sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
23sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
24holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
25has been the subject of a written certification, as defined in s. 961.01 (21t), or is or

1has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
2origin.
SB10-ASA1,14 3Section 14 . 66.1333 (3) (e) 2. of the statutes is amended to read:
SB10-ASA1,11,114 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
5privilege under this section may not be denied the right, benefit, facility, or privilege
6in any manner for any purpose nor be discriminated against because of sex, race,
7color, creed, or sexual orientation, ; status as a victim of domestic abuse, sexual
8assault, or stalking, as defined in s. 106.50 (1m) (u), ; whether the person holds, or
9has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been
10the subject of a written certification, as defined in s. 961.01 (21t), or is or has been
11a member of a treatment team, as defined in s. 961.01 (20t);
or national origin.
SB10-ASA1,15 12Section 15 . 106.50 (1m) (h) of the statutes is amended to read:
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