Effect on federal law
This bill changes only state law regarding marijuana. Federal law 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:
AB740, s. 1 1Section 1. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended
2to read:
AB740,5,53 59.54 (25) (a) The board may enact and enforce an ordinance to prohibit the
4possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to
5par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a
6violation of the ordinance; except that any person who is charged with possession of
7more than 25 grams of marijuana, or who is charged with possession of any amount

1of marijuana following a conviction for possession of marijuana, in this state shall
2not be prosecuted under this subsection
. Any ordinance enacted under this
3paragraph shall provide a person who is prosecuted under it with the defenses that
4the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
5(3g) (e)
.
AB740,5,10 6(b) 1. Any ordinance enacted under this subsection par. (a) by a county with a
7population of less than 500,000 does not apply in any municipality that has enacted
8an ordinance prohibiting the possession of marijuana. Any ordinance enacted under
9this subsection par. (a) by a county with a population of 500,000 or more applies in
10every municipality within the county.
AB740, s. 2 11Section 2. 59.54 (25) (b) 2. of the statutes is created to read:
AB740,5,1412 59.54 (25) (b) 2. A person may not be prosecuted under an ordinance enacted
13under par. (a) if, under s. 968.073 (2), the person would not be subject to prosecution
14under s. 961.41 (3g) (e).
AB740, s. 3 15Section 3. 59.54 (25) (b) 3. of the statutes is created to read:
AB740,5,1916 59.54 (25) (b) 3. No person who is charged with possession of more than 25
17grams of marijuana, or who is charged with possession of any amount of marijuana
18following a conviction for possession of marijuana, in this state may be prosecuted
19under an ordinance enacted under par. (a).
AB740, s. 4 20Section 4. 59.54 (25m) of the statutes is amended to read:
AB740,6,521 59.54 (25m) Drug paraphernalia. The board of a county with a population of
22500,000 or more may enact an ordinance to prohibit conduct that is the same as that
23prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) and provide
24a forfeiture for violation of the ordinance. Any ordinance enacted under this
25subsection shall provide a person prosecuted under it with the defenses that the

1person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574 (1), or
2961.575 (1). A person may not be prosecuted under an ordinance enacted under this
3subsection if, under s. 968.073 (3), the person would not be subject to prosecution
4under s. 961.573 (1), 961.574 (1), or 961.575 (1).
The board may enforce an ordinance
5enacted under this subsection in any municipality within the county.
AB740, s. 5 6Section 5. 60.23 (21) of the statutes is amended to read:
AB740,6,137 60.23 (21) Drug paraphernalia. Adopt an ordinance to prohibit conduct that
8is the same as that prohibited by s. 961.573 (2), 961.574 (2) or 961.575 (2). Any
9ordinance enacted under this subsection shall provide a person prosecuted under it
10with the defenses that the person has under s. 961.5755 to prosecutions under s.
11961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted under an
12ordinance enacted under this subsection if, under s. 968.073 (3), the person would
13not be subject to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
AB740, s. 6 14Section 6. 66.0107 (1) (bm) of the statutes is amended to read:
AB740,7,215 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
1625 grams or less of marijuana, as defined in s. 961.01 (14), subject to this paragraph
17and
the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation
18of the ordinance; except that any. Any ordinance enacted under this paragraph shall
19provide a person prosecuted under it with the defenses that the person has under s.
20961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not
21be prosecuted under an ordinance enacted under this paragraph if, under s. 968.073
22(2), the person would not be subject to prosecution under s. 961.41 (3g) (e). No
person
23who is charged with possession of more than 25 grams of marijuana, or who is
24charged with possession of any amount of marijuana following a conviction for

1possession of marijuana, in this state shall not may be prosecuted under this
2paragraph.
AB740, s. 7 3Section 7. 146.45 of the statutes is created to read:
AB740,7,5 4146.45 Medical marijuana registry program. (1) Definitions. In this
5section:
AB740,7,76 (a) "Applicant" means a person who is applying for a registry identification card
7under sub. (2) (a).
AB740,7,98 (b) "Debilitating medical condition or treatment" has the meaning given in s.
9961.01 (5m).
AB740,7,1110 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
11(14g).
AB740,7,1212 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB740,7,1313 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB740,7,1514 (f) "Registrant" means a person to whom a registry identification card is issued
15under sub. (4).
AB740,7,1816 (g) "Registry identification card" means a document issued by the department
17under this section that identifies a person as a qualifying patient or primary
18caregiver.
AB740,7,2019 (h) "Written certification" means a statement made by a person's physician if
20all of the following apply:
AB740,7,2521 1. The statement indicates that, in the physician's professional opinion, the
22person has or is undergoing a debilitating medical condition or treatment and the
23potential benefits of the person's use of tetrahydrocannabinols in the manner
24described under s. 961.01 (14g) (a) would likely outweigh the health risks for the
25person.
AB740,8,3
12. The statement indicates that the opinion described in subd. 1. was formed
2after a full assessment, made in the course of a bona fide physician-patient
3relationship, of the person's medical history and current medical condition.
AB740,8,54 3. The statement is signed by the physician or is contained in the person's
5medical records.
AB740,8,8 6(2) Application. (a) An adult who is claiming to be a qualifying patient may
7apply for a registry identification card by submitting to the department a signed
8application form containing or accompanied by all of the following:
AB740,8,99 1. His or her name, address, and date of birth.
AB740,8,1010 2. A written certification.
AB740,8,1211 3. The name, address, and telephone number of the person's current physician,
12as listed in the written certification.
AB740,8,1913 (b) A qualifying patient who is an adult and who has been issued a registry
14identification card under sub. (4) or an applicant may jointly apply with another
15adult to the department for a registry identification card for the other adult,
16designating him or her as a primary caregiver for the qualifying patient or the
17applicant. Both persons who jointly apply for a registry identification card under this
18paragraph shall sign the application form, which shall contain the name, address,
19and date of birth of the individual applying to be registered as a primary caregiver.
AB740,8,2320 (c) The department shall promulgate rules specifying how a parent, guardian,
21or person having legal custody of a child may apply for a registry identification card
22for himself or herself and for the child and the circumstances under which the
23department may approve or deny the application.
AB740,8,2524 (d) The department may not charge any fees in connection with an application
25for or the issuance of a registry identification card.
AB740,9,6
1(3) Processing the application. The department shall verify the information
2contained in or accompanying an application submitted under sub. (2) and shall
3approve or deny the application within 30 days after receiving it. Except as provided
4in sub. (2) (c), the department may deny an application submitted under sub. (2) only
5if the required information has not been provided or if false information has been
6provided.
AB740,9,12 7(4) Issuing a registry identification card. The department shall issue a
8registry identification card within 5 days after approving an application under sub.
9(3). Unless voided under sub. (5) (b) or (c) or revoked under rules issued by the
10department under sub. (7) (d), a registry identification card shall expire one year
11from the date of issuance. A registry identification card shall contain all of the
12following:
AB740,9,1513 (a) The name, address, and date of birth of the registrant and the name,
14address, and date of birth of the primary caregivers, if the registrant is a qualifying
15patient, or of the qualifying patient, if the registrant is a primary caregiver.
AB740,9,1616 (b) The date of issuance and expiration date of the registry identification card.
AB740,9,1717 (c) A photograph of the registrant.
AB740,9,1818 (d) Other information that the department may require by rule.
AB740,9,25 19(5) Additional information to be provided by registrant. (a) 1. An adult
20registrant shall notify the department of any change in the registrant's name and
21address. An adult registrant who is a qualifying patient shall notify the department
22of any change in his or her physician, of any significant improvement in his or her
23health as it relates to his or her debilitating medical condition or treatment, and if
24a registered primary caregiver no longer assists the registrant with the medical use
25of tetrahydrocannabinols.
AB740,10,4
12. If a qualifying patient is a child, a primary caregiver for the child shall
2provide the department with any information that the child, if he or she were an
3adult, would have to provide under subd. 1. within 10 days after the date of the
4change to which the information relates.
AB740,10,95 (b) If a registrant fails to notify the department within 10 days after any change
6for which notification is required under par. (a) 1., his or her registry identification
7card is void. If a registrant fails to comply with par. (a) 2., the registry identification
8card for the qualifying patient to whom the information under par. (a) 2. relates is
9void.
AB740,10,1310 (c) If a qualifying patient's registry identification card becomes void under par.
11(b), the registry identification card for each of the qualifying patient's primary
12caregivers is void. The department shall send written notice of this fact to each such
13primary caregiver.
AB740,10,14 14(6) Records. (a) The department shall maintain a list of all registrants.
AB740,10,1715 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
16may not disclose information from an application submitted or a registry
17identification card issued under this section.
AB740,10,2118 (c) The department may disclose to a state or local law enforcement agency
19information from an application submitted by, or from a registry identification card
20issued to, a specific person under this section, for the purpose of verifying that the
21person possesses a valid registry identification card.
AB740,10,23 22(7) Rules. The department shall promulgate rules to implement this section,
23including the rules required under sub. (2) (c) and rules doing all of the following:
AB740,10,2424 (a) Creating forms for applications to be used under sub. (2).
AB740,11,2
1(b) Specifying how the department will verify the truthfulness of information
2submitted on an application under sub. (2).
AB740,11,43 (c) Specifying how and under what circumstances registry identification cards
4may be renewed.
AB740,11,65 (d) Specifying how and under what changed circumstances a registry
6identification card may be revoked.
AB740,11,87 (e) Specifying under what circumstances a person whose application for a
8registry identification card is denied may reapply.
AB740, s. 8 9Section 8. 173.12 (1m) of the statutes is amended to read:
AB740,11,1610 173.12 (1m) If an animal has been seized because it is alleged that the animal
11has been used in or constitutes evidence of any crime specified in s. 951.08, the
12animal may not be returned to the owner by an officer under s. 968.20 (2). In any
13hearing under s. 968.20 (1) (1f), the court shall determine if the animal is needed as
14evidence or there is reason to believe that the animal has participated in or been
15trained for fighting. If the court makes such a finding, the animal shall be retained
16in custody.
AB740, s. 9 17Section 9. 289.33 (3) (d) of the statutes is amended to read:
AB740,12,918 289.33 (3) (d) "Local approval" includes any requirement for a permit, license,
19authorization, approval, variance or exception or any restriction, condition of
20approval or other restriction, regulation, requirement or prohibition imposed by a
21charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
22a town, city, village, county or special purpose district, including without limitation
23because of enumeration any ordinance, resolution or regulation adopted under s.
2459.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9),
25(11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27),

159.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23),
259.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16),
3(17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6),
459.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58
5(1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5),
6(7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (10) and
7(11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35,
861.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58,
9200.11 (8), 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.
AB740, s. 10 10Section 10. 349.02 (2) (b) 4. of the statutes is amended to read:
AB740,12,1211 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m), 60.23
12(21), or 66.0107 (1) (bm).
AB740, s. 11 13Section 11. 961.01 (1) of the statutes is renumbered 961.01 (1m).
AB740, s. 12 14Section 12. 961.01 (1g) of the statutes is created to read:
AB740,12,1715 961.01 (1g) "Adequate supply" means an amount of tetrahydrocannabinols
16that is not more than is reasonably necessary to ensure the uninterrupted
17availability of tetrahydrocannabinols for their medical use by a treatment team.
AB740, s. 13 18Section 13. 961.01 (5m) of the statutes is created to read:
AB740,12,2019 961.01 (5m) "Debilitating medical condition or treatment" means any of the
20following:
AB740,12,2321 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
22the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
23or the treatment of any of these conditions.
AB740,13,3
1(b) A chronic or debilitating disease or medical condition or the treatment of
2such a disease or condition that causes cachexia, severe pain, severe nausea,
3seizures, or severe and persistent muscle spasms.
AB740,13,64 (c) Any other medical condition or any other treatment for a medical condition
5designated as a debilitating medical condition or treatment in rules promulgated by
6the department of health and family services under s. 961.436 (5).
AB740, s. 14 7Section 14. 961.01 (11v) of the statutes is created to read:
AB740,13,88 961.01 (11v) "HIV" means any strain of human immunodeficiency virus.
AB740, s. 15 9Section 15. 961.01 (14g) of the statutes is created to read:
AB740,13,1110 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the
11following:
AB740,13,1412 (a) The use of tetrahydrocannabinols by a qualifying patient to alleviate the
13symptoms or effects of the qualifying patient's debilitating medical condition or
14treatment.
AB740,13,1715 (b) The acquisition, possession, cultivation, or transportation of
16tetrahydrocannabinols by a qualifying patient if done to facilitate his or her use of
17tetrahydrocannabinols under par. (a).
AB740,13,2218 (c) The acquisition, possession, cultivation, or transportation of
19tetrahydrocannabinols by a primary caregiver of a qualifying patient, the transfer
20of tetrahydrocannabinols between a qualifying patient and his or her primary
21caregivers, or the transfer of tetrahydrocannabinols between persons who are
22primary caregivers for the same qualifying patient if all of the following apply:
AB740,13,2523 1. The acquisition, possession, cultivation, transportation, or transfer of the
24tetrahydrocannabinols is done to facilitate the qualifying patient's use of
25tetrahydrocannabinols under par. (a) or (b).
AB740,14,3
12. It is not practicable for the qualifying patient to acquire, possess, cultivate,
2or transport the tetrahydrocannabinols independently, or the qualifying patient is
3under 18 years of age.
AB740, s. 16 4Section 16. 961.01 (19m) of the statutes is created to read:
AB740,14,75 961.01 (19m) "Primary caregiver" means a person who is at least 18 years of
6age and who has agreed to help a qualifying patient in his or her medical use of
7tetrahydrocannabinols.
AB740, s. 17 8Section 17. 961.01 (20hm) of the statutes is created to read:
AB740,14,129 961.01 (20hm) "Qualifying patient" means a person who has been diagnosed
10by a physician as having or undergoing a debilitating medical condition or treatment
11but does not include a person under the age of 18 years unless all of the following
12apply:
AB740,14,1513 (a) The person's physician has explained the potential risks and benefits of the
14medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
15person having legal custody of the person.
AB740,14,1716 (b) The parent, guardian, or person having legal custody provides the physician
17a written statement consenting to do all of the following:
AB740,14,1818 1. Allow the person's medical use of tetrahydrocannabinols.
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