AB482,15,2516 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
17may proceed upon a complaint based upon a violation of any combination of par. (a)
18or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
19person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.
20in the complaint, the crimes shall be joined under s. 971.12. If the person is found
21guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the
22same incident or occurrence, there shall be a single conviction for purposes of
23sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3.
24Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction
25which the others do not require.
AB482,34
1Section 34. 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB482,16,92 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
3intoxicated boating law where the defendant was operating a motorboat that is not
4a commercial motorboat, the defendant has a defense if he or she proves by a
5preponderance of the evidence that the injury would have occurred even if he or she
6had been exercising due care and he or she had not been under the influence of an
7intoxicant or did not have an alcohol concentration of 0.08 or more or a
8tetrahydrocannabinols concentration of 5.0 or more
or a detectable amount of a
9restricted controlled substance in his or her blood.
AB482,35 10Section 35. 30.681 (2) (d) 1. b. of the statutes is amended to read:
AB482,16,1711 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
12allegedly having a detectable amount of methamphetamine, or
13gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
14the defendant has a defense if he or she proves by a preponderance of the evidence
15that at the time of the incident or occurrence he or she had a valid prescription for
16methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
17acid, or.
AB482,16,22 18c. In an action under par. (b) 1g. that is based on the defendant allegedly having
19a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
20or she proves by a preponderance of the evidence that at the time of the incident or
21occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
22he or she was a qualifying patient, as defined in s. 50.80 (6)
.
AB482,36 23Section 36. 30.684 (4) of the statutes is amended to read:
AB482,17,824 30.684 (4) Admissibility; effect of test results; other evidence. The results
25of a chemical test required or administered under sub. (1), (2) or (3) are admissible

1in any civil or criminal action or proceeding arising out of the acts committed by a
2person alleged to have violated the intoxicated boating law on the issue of whether
3the person was under the influence of an intoxicant or the issue of whether the person
4had alcohol concentrations or tetrahydrocannabinols concentrations at or above
5specified levels or a detectable amount of a restricted controlled substance in his or
6her blood. Results of these chemical tests shall be given the effect required under s.
7885.235. This section does not limit the right of a law enforcement officer to obtain
8evidence by any other lawful means.
AB482,37 9Section 37. 30.80 (6) (d) of the statutes is amended to read:
AB482,17,1810 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or
11tetrahydrocannabinols
; examination. In addition to any other penalty or order, a
12person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25
13if the violation involves the operation of a motorboat, shall be ordered by the court
14to submit to and comply with an assessment by an approved public treatment facility
15for an examination of the person's use of alcohol, controlled substances or controlled
16substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an
17assessment ordered under this paragraph constitutes contempt of court, punishable
18under ch. 785.
AB482,38 19Section 38. 49.148 (4) (a) of the statutes is amended to read:
AB482,18,920 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
21a community service job or transitional placement who, after August 22, 1996, was
22convicted in any state or federal court of a felony that had as an element possession,
23use or distribution of a controlled substance to submit to a test for use of a controlled
24substance as a condition of continued eligibility. If the test results are positive, the
25Wisconsin works Works agency shall decrease the presanction benefit amount for

1that participant by not more than 15 percent for not fewer than 12 months, or for the
2remainder of the participant's period of participation in a community service job or
3transitional placement, if less than 12 months. If, at the end of 12 months, the
4individual is still a participant in a community service job or transitional placement
5and submits to another test for use of a controlled substance and if the results of the
6test are negative, the Wisconsin works Works agency shall discontinue the reduction
7under this paragraph. In this subsection, “controlled substance” does not include
8tetrahydrocannabinols in any form including tetrahydrocannabinols contained in
9marijuana, obtained from marijuana, or chemically synthesized.
AB482,39 10Section 39. 49.45 (23) (g) 1. e. of the statutes is amended to read:
AB482,18,1611 49.45 (23) (g) 1. e. Require, as a condition of eligibility, that an applicant or
12enrollee submit to a drug screening assessment and, if indicated, a drug test, as
13specified by the department in the waiver amendment. The department may not test
14for tetrahydrocannabinols in any form including tetrahydrocannabinols contained
15in marijuana, obtained from marijuana, or chemically synthesized under this subd.
161. e.
AB482,40 17Section 40. 49.79 (1) (b) of the statutes is amended to read:
AB482,18,2118 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
19except “controlled substance” does not include tetrahydrocannabinols in any form
20including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
21or chemically synthesized
.
AB482,41 22Section 41. 50.56 (3) of the statutes is amended to read:
AB482,19,223 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this
24subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI

1VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this
2subchapter and the rules promulgated under this subchapter control.
AB482,42 3Section 42. Subchapter VI of chapter 50 [precedes 50.80] of the statutes is
4created to read:
AB482,19,55 chapter 50
AB482,19,66 subchapter VI
AB482,19,87 distribution and
8 testing centers
AB482,19,9 950.80 Definitions. In this subchapter:
AB482,19,11 10(1) “Compassion center" means a licensed organization that grows, sells,
11distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
AB482,19,12 12(2) “Debilitating medical condition or treatment" means any of the following:
AB482,19,1713 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
14the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
15Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic
16lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic
17stress disorder; or the treatment of these conditions.
AB482,19,2118 (b) A chronic or debilitating disease or medical condition or the treatment of
19such a disease or condition that causes cachexia, severe pain, severe nausea,
20seizures, including those characteristic of epilepsy, or severe and persistent muscle
21spasms, including those characteristic of multiple sclerosis.
AB482,19,2422 (c) Any other medical condition or any other treatment for a medical condition
23designated as a debilitating medical condition or treatment in rules promulgated by
24the department of health services under s. 50.81 (2).
AB482,19,25 25(2m) “Department" means the department of health services.
AB482,20,2
1(3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces
2of usable marijuana.
AB482,20,3 3(4) “Medical use of tetrahydrocannabinols" means any of the following:
AB482,20,64 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to
5alleviate the symptoms or effects of the qualifying patient's debilitating medical
6condition or treatment.
AB482,20,97 (b) The acquisition, possession, cultivation, or transportation of
8tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
9her use of the tetrahydrocannabinols under par. (a).
AB482,20,1510 (c) The acquisition, possession, cultivation, or transportation of
11tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
12the transfer of tetrahydrocannabinols in any form between a qualifying patient and
13his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form
14between persons who are primary caregivers for the same qualifying patient if all of
15the following apply:
AB482,20,1816 1. The acquisition, possession, cultivation, or transportation of
17tetrahydrocannabinols is done to facilitate the qualifying patient's use of
18tetrahydrocannabinols under par. (a) or (b).
AB482,20,2119 2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
20or transport the tetrahydrocannabinols independently, or the qualifying patient is
21under 18 years of age.
AB482,20,22 22(4m) “Physician” means a person licensed under s. 448.04 (1) (a).
AB482,20,25 23(5) “Primary caregiver" means a person who is at least 18 years of age and who
24has agreed to help a qualifying patient in his or her medical use of
25tetrahydrocannabinols.
AB482,21,3
1(6) “Qualifying patient" means a person who has been diagnosed by a physician
2as having or undergoing a debilitating medical condition or treatment but does not
3include a person under the age of 18 years unless all of the following apply:
AB482,21,64 (a) The person's physician has explained the potential risks and benefits of the
5medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
6individual having legal custody of the person.
AB482,21,87 (b) The parent, guardian, or individual having legal custody of the person
8provides the physician a written statement consenting to do all of the following:
AB482,21,99 1. Allow the person's medical use of tetrahydrocannabinols.
AB482,21,1010 2. Serve as a primary caregiver for the person.
AB482,21,1111 3. Manage the person's medical use of tetrahydrocannabinols.
AB482,21,12 12(7) “Registry identification card" has the meaning given in s. 146.44 (1) (h).
AB482,21,14 13(8) “Treatment team" means a qualifying patient and his or her primary
14caregivers.
AB482,21,15 15(9) “Usable marijuana" has the meaning given in s. 139.97 (12).
AB482,21,17 16(10) “Written certification" means a statement made by a person's physician
17if all of the following apply:
AB482,21,2118 (a) The statement indicates that, in the physician's professional opinion, the
19person has or is undergoing a debilitating medical condition or treatment and the
20potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a)
21would likely outweigh the health risks for the person.
AB482,21,2522 (b) The statement indicates that the opinion described in par. (a) was formed
23after a full assessment, conducted no more than 6 months prior to making the
24statement and made in the course of a bona fide physician-patient relationship, of
25the person's medical history and current medical condition.
AB482,22,2
1(c) The statement is signed by the physician or is contained in the person's
2medical records.
AB482,22,43 (d) The statement contains an expiration date that is no more than 48 months
4after issuance and the statement has not expired.
AB482,22,6 550.81 Departmental powers and duties. (1) The department shall provide
6licensing, regulation, record keeping, and security for compassion centers.
AB482,22,14 7(2) Notwithstanding s. 227.12 (1), any person may petition the department to
8promulgate a rule to designate a medical condition or treatment as a debilitating
9medical condition or treatment. The department shall promulgate rules providing
10for public notice of and a public hearing regarding any such petition, with the public
11hearing providing persons an opportunity to comment upon the petition. After the
12hearing, but no later than 180 days after the submission of the petition, the
13department shall approve or deny the petition. The department's decision to approve
14or deny a petition is subject to judicial review under s. 227.52.
AB482,22,17 1550.82 Licensing. The department shall issue licenses to a pharmacist or a
16pharmacy to operate as a compassion center and shall decide which and how many
17applicants for a license receive a license based on all of the following:
AB482,22,19 18(1) The ability of an applicant to provide to treatment teams a sufficient
19amount of medical marijuana for the medical use of tetrahydrocannabinols.
AB482,22,20 20(2) The experience the applicant has running an organization or a business.
AB482,22,22 21(3) The preferences of the governing bodies with jurisdiction over the area in
22which the applicants are located.
AB482,22,24 23(4) The ability of the applicant to keep records confidential and maintain a safe
24and secure facility.
AB482,22,25 25(5) The ability of the applicant to abide by the prohibitions under s. 50.83.
AB482,23,3
150.83 Prohibitions. The department may not issue a license to operate as a
2compassion center to, and must revoke a license of, any organization to which any
3of the following applies:
AB482,23,5 4(1) The organization is located within 500 feet of a public or private elementary
5or secondary school, including a charter school.
AB482,23,8 6(2) The compassion center distributes to a treatment team a number of plants
7or an amount in ounces of usable marijuana that, in the period of distribution, results
8in the treatment team possessing more than the maximum medicinal amount.
AB482,23,12 9(3) The compassion center possesses a number of plants or an amount in ounces
10of usable marijuana that exceeds the combined maximum medicinal amount for all
11of the treatment teams that are estimated to use the organization by a number or an
12amount determined by the department by rule to be unacceptable.
AB482,23,15 1350.84 Licensing procedure. (1) The application for a license must be in
14writing on a form provided by the department and include the licensing application
15fee under sub. (2) (a).
AB482,23,16 16(2) (a) A licensing application fee is $250.
AB482,23,1717 (b) The annual fee for a compassion center is $5,000.
AB482,23,20 18(3) A compassion center license is valid until revoked. Each license shall be
19issued only for the applicant named in the application and may not be transferred
20or assigned.
AB482,23,25 2150.85 Distribution of medical marijuana. (1) A compassion center may
22sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for
23the storage or use of usable marijuana to a member of a treatment team if the
24compassion center receives a copy of the qualifying patient's written certification or
25registry identification card.
AB482,24,2
1(2) A compassion center may possess or manufacture tetrahydrocannabinols
2or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).
AB482,24,4 3(3) A compassion center may have 2 locations, one for cultivation and one for
4sales, distribution, or delivery.
AB482,24,10 5(4) A compassion center shall have all tetrahydrocannabinols tested for mold,
6fungus, pesticides, and other contaminants and may not sell, distribute, or deliver
7tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other
8contaminants if the contaminants, or level of contaminants, are identified by the
9testing laboratories under s. 50.86 (2) to be potentially unsafe to a qualifying
10patient's health.
AB482,24,11 11(5) A compassion center may cultivate marijuana outdoors.
AB482,24,15 1250.86 Testing laboratories. The department shall register entities as
13tetrahydrocannabinols testing laboratories. The laboratories may possess or
14manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
15following services:
AB482,24,17 16(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
17potency and for mold, fungus, pesticides, and other contaminants.
AB482,24,20 18(2) Collect information on research findings and conduct research related to
19the medical use of tetrahydrocannabinols, including research that identifies
20potentially unsafe levels of contaminants.
AB482,24,23 21(3) Provide training to persons who hold registry identification cards or written
22certifications, treatment teams, and persons employed by compassion centers on the
23following:
AB482,24,2524 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
25distribution of marijuana for the medical use of tetrahydrocannabinols.
AB482,25,1
1(b) Security and inventory accountability procedures.
AB482,25,22 (c) The most recent research on the medical use of tetrahydrocannabinols.
AB482,43 3Section 43. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes
4is renumbered subchapter VII (title) of chapter 50 [precedes 50.90].
AB482,44 5Section 44. 51.49 (1) (d) of the statutes is amended to read:
AB482,25,86 51.49 (1) (d) “Operating while intoxicated" means a violation of s. 346.63 (1) or,
7(2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
8940.09 (1) or 940.25.
AB482,45 9Section 45. 59.54 (25) (title) of the statutes is amended to read:
AB482,25,1010 59.54 (25) (title) Possession Regulation of marijuana.
AB482,46 11Section 46. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB482,25,2012 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
13the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
14s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
15is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
16an allegation of possession of more than 25 grams of marijuana, or possession of any
17amount of marijuana following a conviction in this state for possession of marijuana

18alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
19may not be prosecuted under this subsection for the same action that is the subject
20of the complaint unless all of the following occur:
AB482,47 21Section 47. 66.0107 (1) (bm) of the statutes is amended to read:
AB482,26,622 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
23marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
24(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
25with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation

1of possession of more than 25 grams of marijuana, or possession of any amount of
2marijuana following a conviction in this state for possession of marijuana
alleging
3a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4.
, the subject of the complaint may not
4be prosecuted under this paragraph for the same action that is the subject of the
5complaint unless the charges are dismissed or the district attorney declines to
6prosecute the case.
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