SB363,8,88 (c) The most recent research on the medical use of tetrahydrocannabinols.
SB363,7 9Section 7. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended
10to read:
SB363,8,2011 59.54 (25) (a) The board may enact and enforce an ordinance to prohibit the
12possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to
13par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a
14violation of the ordinance; except that any person who is charged with possession of
15more than 25 grams of marijuana, or who is charged with possession of any amount
16of marijuana following a conviction for possession of marijuana, in this state shall
17not be prosecuted under this subsection
. Any ordinance enacted under this
18paragraph shall provide a person who is prosecuted under it with the defenses that
19the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
20(3g) (e)
.
SB363,8,22 21(b) 1. Any ordinance enacted under this subsection par. (a) applies in every
22municipality within the county.
SB363,8 23Section 8. 59.54 (25) (b) 2. of the statutes is created to read:
SB363,9,3
159.54 (25) (b) 2. A person may not be prosecuted under an ordinance enacted
2under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
3prosecution under s. 961.41 (3g) (e).
SB363,9 4Section 9. 59.54 (25) (b) 3. of the statutes is created to read:
SB363,9,85 59.54 (25) (b) 3. No person who is charged with possession of more than 25
6grams of marijuana, or who is charged with possession of any amount of marijuana
7following a conviction for possession of marijuana, in this state may be prosecuted
8under an ordinance enacted under par. (a).
SB363,10 9Section 10. 59.54 (25m) of the statutes is amended to read:
SB363,9,1910 59.54 (25m) Drug paraphernalia. The board may enact an ordinance to
11prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
12(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
13Any ordinance enacted under this subsection shall provide a person prosecuted
14under it with the defenses that the person has under s. 961.5755 to prosecutions
15under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
16under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
17the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
18961.575 (1).
The board may enforce an ordinance enacted under this subsection in
19any municipality within the county.
SB363,11 20Section 11. 66.0107 (1) (bm) of the statutes is amended to read:
SB363,9,2521 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
2225 grams or less of marijuana, as defined in s. 961.01 (14), subject to this paragraph
23and
the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation
24of the ordinance; except that any. Any ordinance enacted under this paragraph shall
25provide a person prosecuted under it with the defenses that the person has under s.

1961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not
2be prosecuted under an ordinance enacted under this paragraph if, under s. 968.072
3(2) or (4) (b), the person would not be subject to prosecution under s. 961.41 (3g) (e).
4No
person who is charged with possession of more than 25 grams of marijuana, or
5who is charged with possession of any amount of marijuana following a conviction
6for possession of marijuana, in this state shall not may be prosecuted under this
7paragraph.
SB363,12 8Section 12. 66.0107 (1) (bp) of the statutes is amended to read:
SB363,10,169 66.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
10same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
11(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
12under this paragraph shall provide a person prosecuted under it with the defenses
13that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
14(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
15under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
16to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
SB363,13 17Section 13. 66.0408 of the statutes is created to read:
SB363,10,20 1866.0408 Cultivation of tetrahydrocannabinols. No village, town, city, or
19county may enact or enforce an ordinance or a resolution that prohibits cultivating
20tetrahydrocannabinols outdoors if the cultivation is by one of the following:
SB363,10,21 21(1) A compassion center, as defined in s. 50.60 (1).
SB363,10,24 22(2) A person who is cultivating tetrahydrocannabinols for the medical use of
23tetrahydrocannabinols, as defined in s. 961.01 (14g), if the amount does not exceed
24the maximum authorized amount, as defined in s. 961.01 (14c).
SB363,14 25Section 14. 146.40 (1) (bo) of the statutes is amended to read:
SB363,11,2
1146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV VI
2of ch. 50.
SB363,15 3Section 15. 146.44 of the statutes is created to read:
SB363,11,5 4146.44 Medical Marijuana Registry Program. (1) Definitions. In this
5section:
SB363,11,76 (a) "Applicant" means a person who is applying for a registry identification card
7under sub. (2) (a).
SB363,11,98 (b) "Debilitating medical condition or treatment" has the meaning given in s.
9961.01 (5m).
SB363,11,1110 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
11(14g).
SB363,11,1412 (cm) "Out-of-state registry identification card" means a document issued by
13an entity listed in the rule promulgated under sub. (7) (f) that identifies the person
14as a qualifying patient or primary caregiver, or an equivalent designation.
SB363,11,1515 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).
SB363,11,1616 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
SB363,11,1817 (f) "Registrant" means a person to whom a registry identification card is issued
18under sub. (4).
SB363,11,2119 (g) "Registry identification card" means a document issued by the department
20under this section that identifies a person as a qualifying patient or primary
21caregiver.
SB363,11,2222 (h) "Written certification" has the meaning given in s. 961.01 (21t).
SB363,11,25 23(2) Application. (a) An adult who is claiming to be a qualifying patient may
24apply for a registry identification card by submitting to the department a signed
25application form containing or accompanied by all of the following:
SB363,12,1
11. His or her name, address, and date of birth.
SB363,12,22 2. A written certification.
SB363,12,43 3. The name, address, and telephone number of the person's current physician,
4as listed in the written certification.
SB363,12,65 4. A registration fee in an amount determined by the department, but not to
6exceed $150.
SB363,12,127 (b) An adult registrant who is a qualifying patient or an applicant may jointly
8apply with another adult to the department for a registry identification card for the
9other adult, designating the other adult as a primary caregiver for the registrant or
10applicant. Both persons who jointly apply for a registry identification card under this
11paragraph shall sign the application form, which shall contain the name, address,
12and date of birth of the individual applying to be registered as a primary caregiver.
SB363,12,1613 (c) The department shall promulgate rules specifying how a parent, guardian,
14or person having legal custody of a child may apply for a registry identification card
15for himself or herself and for the child and the circumstances under which the
16department may approve or deny the application.
SB363,12,22 17(3) Processing the application. The department shall verify the information
18contained in or accompanying an application submitted under sub. (2) and shall
19approve or deny the application within 30 days after receiving it. Except as provided
20in sub. (2) (c), the department may deny an application submitted under sub. (2) only
21if the required information has not been provided or if false information has been
22provided.
SB363,13,3 23(4) Issuing a registry identification card. The department shall issue to the
24applicant a registry identification card within 5 days after approving an application
25under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules issued

1by the department under sub. (7) (d), a registry identification card shall expire 2
2years from the date of issuance. A registry identification card shall contain all of the
3following:
SB363,13,44 (a) The name, address, and date of birth of all of the following:
SB363,13,55 1. The registrant.
SB363,13,66 2. Each primary caregiver, if the registrant is a qualifying patient.
SB363,13,77 3. The qualifying patient, if the registrant is a primary caregiver.
SB363,13,88 (b) The date of issuance and expiration date of the registry identification card.
SB363,13,99 (c) A photograph of the registrant.
SB363,13,1010 (d) Other information the department may require by rule.
SB363,13,17 11(5) Additional information to be provided by registrant. (a) 1. An adult
12registrant shall notify the department of any change in the registrant's name and
13address. An adult registrant who is a qualifying patient shall notify the department
14of any change in his or her physician, of any significant improvement in his or her
15health as it relates to his or her debilitating medical condition or treatment, and if
16a registered primary caregiver no longer assists the registrant with the medical use
17of tetrahydrocannabinols.
SB363,13,2118 2. If a qualifying patient is a child, a primary caregiver for the child shall
19provide the department with any information that the child, if he or she were an
20adult, would have to provide under subd. 1. within 10 days after the date of the
21change to which the information relates.
SB363,14,222 (b) If a registrant fails to notify the department within 10 days after any change
23for which notification is required under par. (a) 1., his or her registry identification
24card is void. If a registrant fails to comply with par. (a) 2., the registry identification

1card for the qualifying patient to whom the information under par. (a) 2. relates is
2void.
SB363,14,63 (c) If a qualifying patient's registry identification card becomes void under par.
4(b), the registry identification card for each of the qualifying patient's primary
5caregivers is void. The department shall send written notice of this fact to each such
6primary caregiver.
SB363,14,7 7(6) Records. (a) The department shall maintain a list of all registrants.
SB363,14,108 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
9may not disclose information from an application submitted or a registry
10identification card issued under this section.
SB363,14,1411 (c) The department may disclose to state or local law enforcement agencies
12information from an application submitted by, or from a registry identification card
13issued to, a specific person under this section, for the purpose of verifying that the
14person possesses a valid registry identification card.
SB363,14,16 15(7) Rules. The department shall promulgate rules to implement this section,
16including the rules required under sub. (2) (c) and rules doing all of the following:
SB363,14,1717 (a) Creating forms for applications to be used under sub. (2).
SB363,14,1918 (b) Specifying how the department will verify the truthfulness of information
19submitted on an application under sub. (2).
SB363,14,2120 (c) Specifying how and under what circumstances registry identification cards
21may be renewed.
SB363,14,2322 (d) Specifying how and under what changed circumstances a registry
23identification card may be revoked.
SB363,14,2524 (e) Specifying under what circumstances an applicant whose application is
25denied may reapply.
SB363,15,4
1(f) Listing each state, district, commonwealth, territory, or insular possession
2thereof that, by issuing an out-of-state registry identification card, allows the
3medical use of marijuana by a visiting qualifying patient or allows a person to assist
4with a visiting qualifying patient's medical use of marijuana.
SB363,15,85 (g) Creating guidelines for issuing registry identification cards, and for
6obtaining and distributing marijuana for the medical use of tetrahydrocannabinols,
7to persons under the care of the department who have a debilitating medical
8condition or treatment.
SB363,16 9Section 16. 146.81 (1) (L) of the statutes is amended to read:
SB363,15,1010 146.81 (1) (L) A hospice licensed under subch. IV VI of ch. 50.
SB363,17 11Section 17. 146.997 (1) (d) 18. of the statutes is amended to read:
SB363,15,1212 146.997 (1) (d) 18. A hospice licensed under subch. IV VI of ch. 50.
SB363,18 13Section 18. 149.14 (3) (nm) of the statutes is amended to read:
SB363,15,1514 149.14 (3) (nm) Hospice care provided by a hospice licensed under subch. IV
15VI of ch. 50.
SB363,19 16Section 19. 173.12 (1m) of the statutes is amended to read:
SB363,15,2317 173.12 (1m) If an animal has been seized because it is alleged that the animal
18has been used in or constitutes evidence of any crime specified in s. 951.08, the
19animal may not be returned to the owner by an officer under s. 968.20 (2). In any
20hearing under s. 968.20 (1) (1f), the court shall determine if the animal is needed as
21evidence or there is reason to believe that the animal has participated in or been
22trained for fighting. If the court makes such a finding, the animal shall be retained
23in custody.
SB363,20 24Section 20. 289.33 (3) (d) of the statutes is amended to read:
SB363,16,18
1289.33 (3) (d) "Local approval" includes any requirement for a permit, license,
2authorization, approval, variance or exception or any restriction, condition of
3approval or other restriction, regulation, requirement or prohibition imposed by a
4charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
5a town, city, village, county or special purpose district, including without limitation
6because of enumeration any ordinance, resolution or regulation adopted under s.
791.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
8(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
9(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
10(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
11(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
12(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1359.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
14(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7),
15(8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77,
1661.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30,
17196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch.
1891.
SB363,21 19Section 21. 349.02 (2) (b) 4. of the statutes is amended to read:
SB363,16,2120 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
2166.0107 (1) (bm).
SB363,22 22Section 22. 767.41 (5) (am) (intro.) of the statutes is amended to read:
SB363,17,323 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
24legal custody and periods of physical placement, the court shall consider all facts
25relevant to the best interest of the child. The court may not prefer one parent or

1potential custodian over the other on the basis of the sex or race of the parent or
2potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider
3the following factors in making its determination:
SB363,23 4Section 23. 767.41 (5) (d) of the statutes is created to read:
SB363,17,115 767.41 (5) (d) The court may not consider as a factor in determining the legal
6custody of a child whether a parent or potential custodian holds, or has applied for,
7a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
8of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified
9patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01
10(19m), unless the parent or potential custodian's behavior creates an unreasonable
11danger to the child that can be clearly articulated and substantiated.
SB363,24 12Section 24. 767.451 (5m) (a) (intro.) of the statutes is amended to read:
SB363,17,1613 767.451 (5m) (a) (intro.) Subject to pars. (b) and, (c), and (d), in all actions to
14modify legal custody or physical placement orders, the court shall consider the
15factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its
16determination in a manner consistent with s. 767.41.
SB363,25 17Section 25. 767.451 (5m) (d) of the statutes is created to read:
SB363,17,2518 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
19consider as a factor in making a determination whether a parent or potential
20custodian holds, or has applied for, a registry identification card, as defined in s.
21146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
22961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or
23a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential
24custodian's behavior creates an unreasonable danger to the child that can be clearly
25articulated and substantiated.
SB363,26
1Section 26. 961.01 (5m) of the statutes is created to read:
SB363,18,32 961.01 (5m) "Debilitating medical condition or treatment" means any of the
3following:
SB363,18,84 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
5the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
6Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
7lateral sclerosis, nail patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
8stress disorder, or the treatment of these conditions.
SB363,18,129 (b) A chronic or debilitating disease or medical condition or the treatment of
10such a disease or condition that causes cachexia, severe pain, severe nausea,
11seizures, including those characteristic of epilepsy, or severe and persistent muscle
12spasms, including those characteristic of multiple sclerosis.
SB363,18,1513 (c) Any other medical condition or any other treatment for a medical condition
14designated as a debilitating medical condition or treatment in rules promulgated by
15the department of health services under s. 961.436 (5).
SB363,27 16Section 27. 961.01 (11v) of the statutes is created to read:
SB363,18,1817 961.01 (11v) "HIV" means any strain of human immunodeficiency virus, which
18causes acquired immunodeficiency syndrome.
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