LRBs0215/2
CMH:cjs:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 740
November 4, 2005 - Offered by Representative Underheim.
AB740-ASA1,1,9
1An Act to renumber 961.01 (1);
to renumber and amend 59.54 (25) and 968.20
2(1);
to amend 59.54 (25m), 60.23 (21), 66.0107 (1) (bm), 173.12 (1m), 289.33 (3)
3(d), 349.02 (2) (b) 4., 961.555 (2) (a), 961.56 (1), 968.20 (3) (a) and 968.20 (3) (b);
4and
to create 20.435 (5) (h), 59.54 (25) (b) 2., 59.54 (25) (b) 3., 146.45, 961.01
5(1g), 961.01 (5m), 961.01 (11v), 961.01 (14g), 961.01 (19m), 961.01 (20hm),
6961.01 (20ht), 961.01 (20t), 961.01 (21g), 961.436, 961.555 (2) (e), 961.555 (2m),
7961.5755, 968.073, 968.12 (5), 968.20 (1d) and 968.20 (1j) of the statutes;
8relating to: medical use of marijuana, requiring the exercise of rule-making
9authority, providing a penalty, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB740-ASA1, s. 1
10Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
11the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB740-ASA1,2,52
20.435
(5) (h)
Medical marijuana registry. The amounts in the schedule for the
3costs of the medical marijuana registry program under s. 146.45. All moneys
4received from fees collected under s. 146.45 (2) (d) shall be credited to this
5appropriation.
AB740-ASA1, s. 3
6Section
3. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended
7to read:
AB740-ASA1,2,178
59.54
(25) (a) The board may enact and enforce an ordinance to prohibit the
9possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to
10par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a
11violation of the ordinance
; except that any person who is charged with possession of
12more than 25 grams of marijuana, or who is charged with possession of any amount
13of marijuana following a conviction for possession of marijuana, in this state shall
14not be prosecuted under this subsection. Any ordinance enacted under this
15paragraph shall provide a person who is prosecuted under it with the defenses that
16the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
17(3g) (e).
AB740-ASA1,3,5
1(b) 1. Any ordinance enacted under
this subsection par. (a) by a county with a
2population of less than 500,000 does not apply in any municipality that has enacted
3an ordinance prohibiting the possession of marijuana. Any ordinance enacted under
4this subsection par. (a) by a county with a population of 500,000 or more applies in
5every municipality within the county.
AB740-ASA1, s. 4
6Section
4. 59.54 (25) (b) 2. of the statutes is created to read:
AB740-ASA1,3,97
59.54
(25) (b) 2. A person may not be prosecuted under an ordinance enacted
8under par. (a) if, under s. 968.073 (2), the person would not be subject to prosecution
9under s. 961.41 (3g) (e).
AB740-ASA1, s. 5
10Section
5. 59.54 (25) (b) 3. of the statutes is created to read:
AB740-ASA1,3,1411
59.54
(25) (b) 3. No person who is charged with possession of more than 25
12grams of marijuana, or who is charged with possession of any amount of marijuana
13following a conviction for possession of marijuana, in this state may be prosecuted
14under an ordinance enacted under par. (a).
AB740-ASA1,3,2516
59.54
(25m) Drug paraphernalia. The board of a county with a population of
17500,000 or more may enact an ordinance to prohibit conduct that is the same as that
18prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) and provide
19a forfeiture for violation of the ordinance.
Any ordinance enacted under this
20subsection shall provide a person prosecuted under it with the defenses that the
21person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574 (1), or
22961.575 (1). A person may not be prosecuted under an ordinance enacted under this
23subsection if, under s. 968.073 (3), the person would not be subject to prosecution
24under s. 961.573 (1), 961.574 (1), or 961.575 (1). The board may enforce an ordinance
25enacted under this subsection in any municipality within the county.
AB740-ASA1,4,82
60.23
(21) Drug paraphernalia. Adopt an ordinance to prohibit conduct that
3is the same as that prohibited by s. 961.573 (2), 961.574 (2) or 961.575 (2).
Any
4ordinance enacted under this subsection shall provide a person prosecuted under it
5with the defenses that the person has under s. 961.5755 to prosecutions under s.
6961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted under an
7ordinance enacted under this subsection if, under s. 968.073 (3), the person would
8not be subject to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
AB740-ASA1, s. 8
9Section
8. 66.0107 (1) (bm) of the statutes is amended to read:
AB740-ASA1,4,2110
66.0107
(1) (bm) Enact and enforce an ordinance to prohibit the possession of
1125 grams or less of marijuana, as defined in s. 961.01 (14), subject to
this paragraph
12and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation
13of the ordinance
; except that any. Any ordinance enacted under this paragraph shall
14provide a person prosecuted under it with the defenses that the person has under s.
15961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not
16be prosecuted under an ordinance enacted under this paragraph if, under s. 968.073
17(2), the person would not be subject to prosecution under s. 961.41 (3g) (e). No person
18who is charged with possession of more than 25 grams of marijuana, or who is
19charged with possession of any amount of marijuana following a conviction for
20possession of marijuana, in this state
shall not
may be prosecuted under this
21paragraph.
AB740-ASA1,4,24
23146.45 Medical marijuana registry program. (1) Definitions. In this
24section:
AB740-ASA1,5,2
1(a) "Applicant" means a person who is applying for a registry identification card
2under sub. (2) (a).
AB740-ASA1,5,43
(b) "Debilitating medical condition or treatment" has the meaning given in s.
4961.01 (5m).
AB740-ASA1,5,65
(c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
6(14g).
AB740-ASA1,5,77
(d) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB740-ASA1,5,88
(e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB740-ASA1,5,109
(f) "Registrant" means a person to whom a registry identification card is issued
10under sub. (4).
AB740-ASA1,5,1311
(g) "Registry identification card" means a document issued by the department
12under this section that identifies a person as a qualifying patient or primary
13caregiver.
AB740-ASA1,5,1514
(h) "Written certification" means a statement made by a person's physician if
15all of the following apply:
AB740-ASA1,5,2016
1. The statement indicates that, in the physician's professional opinion, the
17person has or is undergoing a debilitating medical condition or treatment and the
18potential benefits of the person's use of tetrahydrocannabinols in the manner
19described under s. 961.01 (14g) (a) would likely outweigh the health risks for the
20person.
AB740-ASA1,5,2321
2. The statement indicates that the opinion described in subd. 1. was formed
22after a full assessment, made in the course of a bona fide physician-patient
23relationship, of the person's medical history and current medical condition.
AB740-ASA1,5,2524
3. The statement is signed by the physician or is contained in the person's
25medical records.
AB740-ASA1,6,3
1(2) Application. (a) An adult who is claiming to be a qualifying patient may
2apply for a registry identification card by submitting to the department a signed
3application form containing or accompanied by all of the following:
AB740-ASA1,6,44
1. His or her name, address, and date of birth.
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).