AB224: Bill Text

With respect to the medical use of marijuana, this bill changes state law to permit a person registered with the Department of Health Services (DHS) to use marijuana for medical use to alleviate the symptoms or effects of a debilitating medical condition or treatment. A person's primary caregiver also may acquire, possess, cultivate, or transport marijuana for a person registered with DHS 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 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 by the person's physician that the person has or is undergoing a debilitating medical condition or treatment and that the potential benefits of the person's use of tetrahydrocannabinols would likely outweigh the health risks for the person, 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 by DHS.

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 12 live marijuana plants and three ounces of usable marijuana (maximum medicinal amount), and prohibits an organization from possessing a quantity that exceeds, by an amount determined by DHS, the total maximum medicinal 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 medical marijuana.

Finally, under current law, a person may not operate a vehicle with a detectable amount of a restricted controlled substance, which includes delta-9-tetrahydrocannabinol (THC), in his or her blood, regardless of impairment. Penalties for violating this provision increase with the number of violations. Under this bill, a person may not operate a vehicle with a THC concentration of 5.0 ng/mL or more, instead of a detectable amount, in his or her blood. This bill does not change the penalty structure.

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.

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:

AB224,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB224,2 Section 2. 20.435 (1) (gq) and (jm) of the statutes are created to read:

AB224,6,4 20.435 (1) (gq) Medical marijuana registry. All moneys received from applicants, as defined in s. 146.44 (1) (a), as fees under s. 146.44 (2) (a) 4., for the purposes of the Medical Marijuana Registry Program under s. 146.44.

AB224,6,7 (jm) Licensing and support services for compassion centers. All moneys received under s. 50.64 to regulate and license compassion centers under subch. V of ch. 50.

AB224,3 Section 3. 20.435 (6) (jm) of the statutes is amended to read:

AB224,7,5 20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm), and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and 146.40 (4r) (b) and (er), and subch. IV VI of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes, and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 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 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2) shall be credited to this appropriation account.

AB224,4 Section 4. 20.566 (1) (v) of the statutes is created to read:

AB224,7,11 20.566 (1) (v) Administration and enforcement of marijuana tax and regulation. From the marijuana fund, the amounts in the schedule for the purposes of administering the marijuana tax imposed under subch. V of ch. 139 and for the costs incurred in enforcing the taxing and regulation of marijuana producers, marijuana processors, and marijuana retailers under subch. V of ch. 139.

AB224,5 Section 5. 23.33 (1) (jo) 1. of the statutes is amended to read:

AB224,7,14 23.33 (1) (jo) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB224,6 Section 6. 23.33 (1) (jo) 5. of the statutes is repealed.

AB224,7 Section 7. 23.33 (1) (k) of the statutes is created to read:

AB224,7,18 23.33 (1) (k) "Tetrahydrocannabinols concentration" means the number of nanograms of tetrahydrocannabinols per milliliter of blood.

AB224,8 Section 8. 23.33 (4c) (a) 2g. of the statutes is created to read:

AB224,7,23 23.33 (4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or above specified levels.' No person may engage in the operation of an all-terrain vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB224,9 Section 9. 23.33 (4c) (a) 3g. of the statutes is created to read:

AB224,8,5 23.33 (4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at specified levels; below age 21.' If a person has not attained the age of 21, the person may not engage in the operation of an all-terrain vehicle or utility terrain vehicle while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.

AB224,10 Section 10. 23.33 (4c) (a) 4. of the statutes is amended to read:

AB224,8,15 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the offenses shall be joined. If the person is found guilty of any combination of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require proof of a fact for conviction which the others do not require.

AB224,11 Section 11. 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a. and amended to read:

AB224,8,24 23.33 (4c) (a) 5. a. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,9,6 b. In an action under subd. 2g. or 3g. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,12 Section 12. 23.33 (4c) (b) 2n. of the statutes is created to read:

AB224,9,11 23.33 (4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols concentration at or above specified levels.' No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of an all-terrain vehicle or utility terrain vehicle.

AB224,13 Section 13. 23.33 (4c) (b) 3. of the statutes is amended to read:

AB224,9,22 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m., or 2n. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m., or 2n. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 2m. , or 2n. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., and 2m., and 2n. each require proof of a fact for conviction which the others do not require.

AB224,14 Section 14. 23.33 (4c) (b) 4. a. of the statutes is amended to read:

AB224,9,25 23.33 (4c) (b) 4. a. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have a tetrahydrocannabinols concentration of 5.0 or more.

AB224,15 Section 15. 23.33 (4c) (b) 4. b. of the statutes is amended to read:

AB224,10,13 23.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,10,18 c. In an action under subd. 2n. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,16 Section 16. 23.33 (4p) (d) of the statutes is amended to read:

AB224,11,5 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b) or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB224,17 Section 17. 23.33 (13) (b) 1. of the statutes is amended to read:

AB224,11,9 23.33 (13) (b) 1. Except as provided under subds. 2. and 3., a person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) shall forfeit not less than $150 nor more than $300.

AB224,18 Section 18. 23.33 (13) (b) 2. of the statutes is amended to read:

AB224,11,16 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.

AB224,19 Section 19. 23.33 (13) (b) 3. of the statutes is amended to read:

AB224,11,23 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

AB224,20 Section 20. 23.33 (13) (e) of the statutes is amended to read:

AB224,12,10 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs, tetrahydrocannabinols; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle or utility terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB224,21 Section 21. 25.56 of the statutes is created to read:

AB224,12,14 25.56 Marijuana fund. There is established a separate nonlapsible trust fund, designated as the marijuana fund, consisting of all revenue from the fees, taxes, interest, and penalties under subch. V of ch. 139.

AB224,22 Section 22. 30.50 (10m) (a) of the statutes is amended to read:

AB224,12,17 30.50 (10m) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB224,23 Section 23. 30.50 (10m) (e) of the statutes is repealed.

AB224,24 Section 24. 30.50 (13p) of the statutes is created to read:

AB224,12,21 30.50 (13p) "Tetrahydrocannabinols concentration" means the number of nanograms of tetrahydrocannabinols per milliliter of blood.

AB224,25 Section 25. 30.681 (1) (b) (title) of the statutes is amended to read:

AB224,12,24 30.681 (1) (b) (title) Operating after using a controlled substance or, alcohol, or marijuana.

AB224,26 Section 26. 30.681 (1) (b) 1g. of the statutes is created to read:

AB224,13,2 30.681 (1) (b) 1g. No person may engage in the operation of a motorboat while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB224,27 Section 27. 30.681 (1) (bn) (title) of the statutes is amended to read:

AB224,13,5 30.681 (1) (bn) (title) Operating with alcohol or tetrahydrocannabinols concentrations at specified levels; below legal drinking age.

AB224,28 Section 28. 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.

AB224,29 Section 29. 30.681 (1) (bn) 2. of the statutes is created to read:

AB224,13,10 30.681 (1) (bn) 2. A person who has not attained the legal age, as defined in s. 961.70 (2), may not engage in the operation of a motorboat while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.

AB224,30 Section 30. 30.681 (1) (c) of the statutes is amended to read:

AB224,13,20 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2., the offenses shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction which the others do not require.

AB224,31 Section 31. 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and amended to read:

AB224,14,4 30.681 (1) (d) 1. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,14,10 2. In action under par. (b) 1g. or (bn) 2. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,32 Section 32. 30.681 (2) (b) (title) of the statutes is amended to read:

AB224,14,13 30.681 (2) (b) (title) Causing injury after using a controlled substance or, alcohol, or marijuana.

AB224,33 Section 33. 30.681 (2) (b) 1g. of the statutes is created to read:

AB224,14,16 30.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of a motorboat.

AB224,34 Section 34. 30.681 (2) (c) of the statutes is amended to read:

AB224,15,2 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction which the others do not require.

AB224,35 Section 35. 30.681 (2) (d) 1. a. of the statutes is amended to read:

AB224,15,11 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or more or a detectable amount of a restricted controlled substance in his or her blood.

AB224,36 Section 36. 30.681 (2) (d) 1. b. of the statutes is amended to read:

AB224,15,19 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,15,24 c. In action under par. (b) 1g. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,37 Section 37. 30.684 (4) of the statutes is amended to read:

AB224,16,10 30.684 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated boating law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB224,38 Section 38. 30.80 (6) (d) of the statutes is amended to read:

AB224,16,20 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, tetrahydrocannabinols; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB224,39 Section 39. 50.56 (3) of the statutes is amended to read:

AB224,16,25 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this subchapter, or the rules promulgated under this subchapter, and subch. I, II or IV VI, or the rules promulgated under subch. I, II or IV VI, the provisions of this subchapter and the rules promulgated under this subchapter control.

AB224,40 Section 40. Subchapter V of chapter 50 [precedes 50.60] of the statutes is created to read:

AB224,17,3 chapter 50