AB740-ASA1,6,55
2. A written certification.
AB740-ASA1,6,76
3. The name, address, and telephone number of the person's current physician,
7as listed in the written certification.
AB740-ASA1,6,148
(b) A qualifying patient who is an adult and who has been issued a registry
9identification card under sub. (4) or an applicant may jointly apply with another
10adult to the department for a registry identification card for the other adult,
11designating him or her as a primary caregiver for the qualifying patient or the
12applicant. Both persons who jointly apply for a registry identification card under this
13paragraph shall sign the application form, which shall contain the name, address,
14and date of birth of the individual applying to be registered as a primary caregiver.
AB740-ASA1,6,1815
(c) The department shall promulgate rules specifying how a parent, guardian,
16or person having legal custody of a child may apply for a registry identification card
17for himself or herself and for the child and the circumstances under which the
18department may approve or deny the application.
AB740-ASA1,6,2219
(d) The department may charge a fee for the application for or the issuance of
20a registry identification card. The amount of the fee may not exceed the cost of the
21materials or services provided. All fees received shall be credited to the
22appropriation account under s. 20.435 (5) (h).
AB740-ASA1,7,3
23(3) Processing the application. The department shall verify the information
24contained in or accompanying an application submitted under sub. (2) and shall
25approve or deny the application within 30 days after receiving it. Except as provided
1in sub. (2) (c), the department may deny an application submitted under sub. (2) only
2if the required information has not been provided or if false information has been
3provided.
AB740-ASA1,7,9
4(4) Issuing a registry identification card. The department shall issue a
5registry identification card within 5 days after approving an application under sub.
6(3). Unless voided under sub. (5) (b) 2. or (c) or revoked under rules issued by the
7department under sub. (7) (d), a registry identification card shall expire one year
8from the date of issuance. A registry identification card shall contain all of the
9following:
AB740-ASA1,7,1210
(a) The name, address, and date of birth of the registrant and the name,
11address, and date of birth of the primary caregivers, if the registrant is a qualifying
12patient, or of the qualifying patient, if the registrant is a primary caregiver.
AB740-ASA1,7,1313
(b) The date of issuance and expiration date of the registry identification card.
AB740-ASA1,7,1414
(c) A photograph of the registrant.
AB740-ASA1,7,1515
(d) Other information that the department may require by rule.
AB740-ASA1,7,22
16(5) Additional information to be provided by registrant. (a) 1. An adult
17registrant shall notify the department of any change in the registrant's name and
18address. An adult registrant who is a qualifying patient shall notify the department
19of any change in his or her physician, of any significant improvement in his or her
20health as it relates to his or her debilitating medical condition or treatment, and if
21a registered primary caregiver no longer assists the registrant with the medical use
22of tetrahydrocannabinols.
AB740-ASA1,8,223
2. If a qualifying patient is a child, a primary caregiver for the child shall
24provide the department with any information that the child, if he or she were an
1adult, would have to provide under subd. 1. within 10 days after the date of the
2change to which the information relates.
AB740-ASA1,8,53
(b) 1. If a registrant fails to notify the department within 10 days after any
4change for which notification is required under par. (a) 1., or the registrant may be
5fined not more than $150.
AB740-ASA1,8,116
2. If a qualifying patient notifies the department that he or she no longer has
7a debilitating medical condition or treatment, the department shall void his or her
8registry identification card. If a qualifying patient notifies the department that a
9registered primary caregiver no longer assists him or her with the medical use of
10tetrahydrocannabinols, the department shall void the registry identification card of
11the primary caregiver.
AB740-ASA1,8,1512
(c) If a qualifying patient's registry identification card becomes void under par.
13(b) 2., the registry identification card for each of the qualifying patient's primary
14caregivers is void. The department shall send written notice of this fact to each such
15primary caregiver.
AB740-ASA1,8,16
16(6) Records. (a) The department shall maintain a list of all registrants.
AB740-ASA1,8,1917
(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
18may not disclose information from an application submitted or a registry
19identification card issued under this section.
AB740-ASA1,8,2320
(c) The department may disclose to a state or local law enforcement agency
21information from an application submitted by, or from a registry identification card
22issued to, a specific person under this section, for the purpose of verifying that the
23person possesses a valid registry identification card.
AB740-ASA1,9,3
1(6m) Judicial review. A department's decision to deny, revoke, void, or fail to
2renew a registry identification card under this section is subject to judicial review
3under s. 227.52.
AB740-ASA1,9,7
4(7) R
ules. No later than 90 days after the effective date of this subsection ....
5(revisor inserts date), the department shall promulgate rules to implement this
6section, including the rules required under sub. (2) (c) and rules doing all of the
7following:
AB740-ASA1,9,88
(a) Creating forms for applications to be used under sub. (2).
AB740-ASA1,9,109
(b) Specifying how the department will verify the truthfulness of information
10submitted on an application under sub. (2).
AB740-ASA1,9,1211
(c) Specifying how and under what circumstances registry identification cards
12may be renewed.
AB740-ASA1,9,1413
(d) Specifying how and under what changed circumstances a registry
14identification card may be revoked.
AB740-ASA1,9,1615
(e) Specifying under what circumstances a person whose application for a
16registry identification card is denied may reapply.
AB740-ASA1,9,2418
173.12
(1m) If an animal has been seized because it is alleged that the animal
19has been used in or constitutes evidence of any crime specified in s. 951.08, the
20animal may not be returned to the owner by an officer under s. 968.20 (2). In any
21hearing under s. 968.20
(1) (1f), the court shall determine if the animal is needed as
22evidence or there is reason to believe that the animal has participated in or been
23trained for fighting. If the court makes such a finding, the animal shall be retained
24in custody.
AB740-ASA1,10,17
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.
759.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9),
8(11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27),
959.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23),
1059.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16),
11(17), (18), (19), (20), (21), (22), (23), (24), (25)
(a), and (26), 59.55 (3), (4), (5) and (6),
1259.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58
13(1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5),
14(7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (10) and
15(11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35,
1661.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58,
17200.11 (8), 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.
AB740-ASA1, s. 12
18Section
12. 349.02 (2) (b) 4. of the statutes is amended to read:
AB740-ASA1,10,2019
349.02
(2) (b) 4. Local ordinances enacted under s. 59.54 (25)
(a) or (25m), 60.23
20(21), or 66.0107 (1) (bm).
AB740-ASA1, s. 13
21Section
13. 961.01 (1) of the statutes is renumbered 961.01 (1m).
AB740-ASA1,10,2423
961.01
(1g) "Adequate supply" means an amount of tetrahydrocannabinols
24that does not exceed what would be contained in 2.5 ounces of usable marijuana.
AB740-ASA1,11,2
1961.01
(5m) "Debilitating medical condition or treatment" means any of the
2following:
AB740-ASA1,11,53
(a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
4the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
5or the treatment of any of these conditions.
AB740-ASA1,11,86
(b) A chronic or debilitating disease or medical condition or the treatment of
7such a disease or condition that causes cachexia, severe pain, severe nausea,
8seizures, or severe and persistent muscle spasms.
AB740-ASA1,11,119
(c) Any other medical condition or any other treatment for a medical condition
10designated as a debilitating medical condition or treatment in rules promulgated by
11the department of health and family services under s. 961.436 (5).
AB740-ASA1,11,1313
961.01
(11v) "HIV" means any strain of human immunodeficiency virus.
AB740-ASA1,11,1615
961.01
(14g) "Medical use of tetrahydrocannabinols" means any of the
16following:
AB740-ASA1,11,1917
(a) The use of tetrahydrocannabinols by a qualifying patient to alleviate the
18symptoms or effects of the qualifying patient's debilitating medical condition or
19treatment.
AB740-ASA1,11,2220
(b) The acquisition, possession, or transportation of tetrahydrocannabinols by
21a qualifying patient if done to facilitate his or her use of tetrahydrocannabinols under
22par. (a).
AB740-ASA1,12,223
(c) The acquisition, possession, or transportation of tetrahydrocannabinols by
24a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols
25between a qualifying patient and his or her primary caregivers, or the transfer of
1tetrahydrocannabinols between persons who are primary caregivers for the same
2qualifying patient if all of the following apply:
AB740-ASA1,12,53
1. The acquisition, possession, transportation, or transfer of the
4tetrahydrocannabinols is done to facilitate the qualifying patient's use of
5tetrahydrocannabinols under par. (a) or (b).
AB740-ASA1,12,86
2. It is not practicable for the qualifying patient to acquire, possess, or transport
7the tetrahydrocannabinols independently, or the qualifying patient is under 18 years
8of age.
AB740-ASA1,12,1210
961.01
(19m) "Primary caregiver" means a person who is at least 18 years of
11age and who has agreed to help a qualifying patient in his or her medical use of
12tetrahydrocannabinols.
AB740-ASA1,12,1714
961.01
(20hm) "Qualifying patient" means a person who has been diagnosed
15by a physician as having or undergoing a debilitating medical condition or treatment
16but does not include a person under the age of 18 years unless all of the following
17apply:
AB740-ASA1,12,2018
(a) The person's physician has explained the potential risks and benefits of the
19medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
20person having legal custody of the person.
AB740-ASA1,12,2221
(b) The parent, guardian, or person having legal custody provides the physician
22a written statement consenting to do all of the following:
AB740-ASA1,12,2323
1. Allow the person's medical use of tetrahydrocannabinols.
AB740-ASA1,12,2424
2. Serve as a primary caregiver for the person.
AB740-ASA1,12,2525
3. Manage the person's medical use of tetrahydrocannabinols.
AB740-ASA1,13,32
961.01
(20ht) "Registry identification card" has the meaning given in s. 146.45
3(1) (g).
AB740-ASA1,13,65
961.01
(20t) "Treatment team" means a qualifying patient and his or her
6primary caregivers.
AB740-ASA1,13,118
961.01
(21g) "Usable marijuana" means the leaves, the flowers, the resin
9extracted from the leaves and flowers, and every compound, manufacture, salt,
10derivative, mixture, or preparation of the leaves, flowers, or resin, but does not
11include the seeds, stalks, or roots of plants of the genus Cannabis.
AB740-ASA1,13,17
13961.436 Medical use defense in cases involving
14tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team
15has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or
16possessing with intent to manufacture, tetrahydrocannabinols if all of the following
17apply:
AB740-ASA1,13,1918
(a) The manufacture or possession is a medical use of tetrahydrocannabinols
19by the treatment team.
AB740-ASA1,13,2020
(b) The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB740-ASA1,13,24
21(2) A member of a qualifying patient's treatment team has a defense to
22prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
23possessing with intent to distribute or deliver, tetrahydrocannabinols to another
24member of the treatment team if all of the following apply:
AB740-ASA1,14,2
1(a) The distribution, delivery, or possession is a medical use of
2tetrahydrocannabinols by the treatment team.
AB740-ASA1,14,33
(b) The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB740-ASA1,14,6
4(3) (a) Except as provided in par. (b), a member of a qualifying patient's
5treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
6following apply:
AB740-ASA1,14,87
1. The possession or attempted possession is a medical use of
8tetrahydrocannabinols by the treatment team.
AB740-ASA1,14,99
2. The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB740-ASA1,14,1110
(b) A person may not assert the defense described in par. (a) if, while he or she
11possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB740-ASA1,14,1412
1. The person drives or operates a motor vehicle while under the influence of
13tetrahydrocannabinols to a degree that renders him or her incapable of safely driving
14or operating the motor vehicle.
AB740-ASA1,14,1715
2. While under the influence of tetrahydrocannabinols, the person operates
16heavy machinery or engages in any other conduct that endangers the health or
17well-being of another person.
AB740-ASA1,14,1818
3. The person smokes marijuana in, on, or at any of the following places:
AB740-ASA1,14,1919
a. A school bus or a public transit vehicle.
AB740-ASA1,14,2020
b. The person's place of employment.
AB740-ASA1,14,2121
c. Public or private school premises.
AB740-ASA1,14,2222
d. A juvenile correctional facility.
AB740-ASA1,14,2323
e. A jail or adult correctional facility.
AB740-ASA1,14,2424
f. A public park, beach, or recreation center.
AB740-ASA1,14,2525
g. A youth center.
AB740-ASA1,15,1
14. The person has been convicted under s. 961.41 (1) (h) or (1m) (h).
AB740-ASA1,15,6
2(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
3registry identification card is presumptive evidence that the person identified on the
4card as a qualifying patient is a qualifying patient and that if the person uses
5tetrahydrocannabinols he or she does so to alleviate the symptoms or effects of his
6or her debilitating medical condition or treatment.
AB740-ASA1,15,8
7(5) (a) In this subsection, "department" means the department of health and
8family services.
AB740-ASA1,15,169
(b) Notwithstanding s. 227.12 (1), any person may petition the department to
10promulgate a rule to designate a medical condition or treatment as a debilitating
11medical condition or treatment. The department shall promulgate rules providing
12for public notice of and a public hearing regarding any such petition, with the public
13hearing providing persons an opportunity to comment upon the petition. After the
14hearing, but no later than 180 days after the submission of the petition, the
15department shall approve or deny the petition. The department's decision to approve
16or deny a petition is subject to judicial review under s. 227.52.