SB368: Bill Text

SB368,6,12 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 V, or the rules promulgated under subch. I, II or IV V, the provisions of this subchapter and the rules promulgated under this subchapter control.

SB368, s. 5 Section 5. Subchapter IV of chapter 50 [precedes 50.60] of the statutes is created to read:

SB368,6,15 CHAPTER 50

SB368,6,16 SUBCHAPTER IV

SB368,6,17 Distribution Centers

SB368,6,18 50.60 Definitions. In this subchapter:

SB368,6,20 (1) "Compassion center" means a licensed organization that grows and distributes marijuana for the medical use of tetrahydrocannabinols.

SB368,6,21 (2) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).

SB368,6,23 (3) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB368,6,24 (4) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB368,6,25 (5) "Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB368,7,1 (6) "Treatment team" has the meaning given in s. 961.01 (20t).

SB368,7,2 (7) "Usable marijuana" has the meaning given in s. 961.01 (21f).

SB368,7,3 (8) "Written certification" has the meaning given in s. 961.01 (21t).

SB368,7,5 50.61 Departmental powers and duties. The department shall provide licensing, regulation, record keeping, and security for compassion centers.

SB368,7,8 50.62 Licensing. The department shall issue licenses to operate as a compassion center and shall decide which and how many applicants for a license receive a license based on all of the following:

SB368,7,9 (1) Convenience to treatment teams and the preferences of treatment teams.

SB368,7,11 (2) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

SB368,7,13 (3) The experience the applicant has running a nonprofit organization or a business.

SB368,7,15 (4) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

SB368,7,17 (5) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

SB368,7,18 (6) The ability of the applicant to abide by the prohibitions under s. 50.63.

SB368,7,20 50.63 Prohibitions. The department may not issue a license to, and must revoke a license of, any organization to which any of the following applies:

SB368,7,22 (1) The organization does not qualify as a nonprofit organization, as defined in s. 108.02 (19).

SB368,7,24 (2) The organization is located less than 500 feet from a public or private elementary or secondary school, including a charter school.

SB368,8,4 (3) The compassion center distributes to a treatment team an amount of plants or ounces of usable marijuana that, in the period of distribution, results in the treatment team possessing an amount that exceeds the maximum authorized amount.

SB368,8,8 (4) The compassion center possesses an amount of plants or ounces of usable marijuana that exceeds the combined maximum authorized amount for all of the treatment teams that use the organization by an amount determined by the department by rule to be unacceptable.

SB368,8,9 50.64 Licensing procedure. (1) The application for a license shall:

SB368,8,10 (a) Be in writing on a form provided by the department.

SB368,8,11 (b) Include the licensing application fee under sub. (2) (a).

SB368,8,12 (2) (a) A licensing application fee is $250.

SB368,8,13 (b) The annual fee for a compassion center is $5,000.

SB368,8,16 (3) A compassion center license is valid until revoked. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

SB368,8,20 50.65 Distribution of medical marijuana. (1) A compassion center may deliver or distribute tetrahydrocannabinols or drug paraphernalia to a member of a treatment team if the compassion center receives a copy of the qualifying patient's written certification or registry identification card.

SB368,8,22 (2) A compassion center may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to deliver or distribute under sub. (1).

SB368,8,24 (3) A compassion center may have 2 locations, one for cultivation and one for distribution.

SB368, s. 6 Section 6. Subchapter IV of chapter 50 [precedes 50.90] of the statutes is renumbered subchapter V of chapter 50.

SB368, s. 7 Section 7. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended to read:

SB368,9,14 59.54 (25) (a) The board may enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection. Any ordinance enacted under this paragraph shall provide a person who is prosecuted under it with the defenses that the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e).

SB368,9,16 (b) 1. Any ordinance enacted under this subsection par. (a) applies in every municipality within the county.

SB368, s. 8 Section 8. 59.54 (25) (b) 2. of the statutes is created to read:

SB368,9,20 59.54 (25) (b) 2. A person may not be prosecuted under an ordinance enacted under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to prosecution under s. 961.41 (3g) (e).

SB368, s. 9 Section 9. 59.54 (25) (b) 3. of the statutes is created to read:

SB368,9,25 59.54 (25) (b) 3. No person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state may be prosecuted under an ordinance enacted under par. (a).

SB368, s. 10 Section 10. 59.54 (25m) of the statutes is amended to read:

SB368,10,11 59.54 (25m) Drug paraphernalia. The board may enact an ordinance to prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted under this subsection shall provide a person prosecuted under it with the defenses that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b), the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1). The board may enforce an ordinance enacted under this subsection in any municipality within the county.

SB368, s. 11 Section 11. 66.0107 (1) (bm) of the statutes is amended to read:

SB368,10,24 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to this paragraph and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any. Any ordinance enacted under this paragraph shall provide a person prosecuted under it with the defenses that the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not be prosecuted under an ordinance enacted under this paragraph if, under s. 968.072 (2) or (4) (b), the person would not be subject to prosecution under s. 961.41 (3g) (e). No person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not may be prosecuted under this paragraph.

SB368, s. 12 Section 12. 66.0107 (1) (bp) of the statutes is amended to read:

SB368,11,8 66.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted under this paragraph shall provide a person prosecuted under it with the defenses that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).

SB368, s. 13 Section 13. 146.40 (1) (bo) of the statutes is amended to read:

SB368,11,11 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV V of ch. 50.

SB368, s. 14 Section 14. 146.44 of the statutes is created to read:

SB368,11,14 146.44 Medical Marijuana Registry Program. (1) Definitions. In this section:

SB368,11,16 (a) "Applicant" means a person who is applying for a registry identification card under sub. (2) (a).

SB368,11,18 (b) "Debilitating medical condition or treatment" has the meaning given in s. 961.01 (5m).

SB368,11,20 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB368,11,23 (cm) "Out-of-state registry identification card" means a document issued by an entity listed in the rule promulgated under sub. (7) (f) that identifies the person as a qualifying patient or primary caregiver, or an equivalent designation.

SB368,11,24 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).

SB368,11,25 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB368,12,2 (f) "Registrant" means a person to whom a registry identification card is issued under sub. (4).

SB368,12,5 (g) "Registry identification card" means a document issued by the department under this section that identifies a person as a qualifying patient or primary caregiver.

SB368,12,6 (h) "Written certification" has the meaning given in s. 961.01 (21t).

SB368,12,9 (2) Application. (a) An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

SB368,12,10 1. His or her name, address, and date of birth.

SB368,12,11 2. A written certification.

SB368,12,13 3. The name, address, and telephone number of the person's current physician, as listed in the written certification.

SB368,12,15 4. A registration fee in an amount determined by the department, but not to exceed $150.

SB368,12,22 (b) A qualifying patient who is an adult and who has been issued a registry identification card under sub. (4) or an applicant may jointly apply with another adult to the department for a registry identification card for the other adult, designating him or her as a primary caregiver for the qualifying patient or the applicant. Both persons who jointly apply for a registry identification card under this paragraph shall sign the application form, which shall contain the name, address, and date of birth of the individual applying to be registered as a primary caregiver.

SB368,13,2 (c) The department shall promulgate rules specifying how a parent, guardian, or person having legal custody of a child may apply for a registry identification card for himself or herself and for the child and the circumstances under which the department may approve or deny the application.

SB368,13,8 (3) Processing the application. The department shall verify the information contained in or accompanying an application submitted under sub. (2) and shall approve or deny the application within 30 days after receiving it. Except as provided in sub. (2) (c), the department may deny an application submitted under sub. (2) only if the required information has not been provided or if false information has been provided.

SB368,13,14 (4) Issuing a registry identification card. The department shall issue a registry identification card within 5 days after approving an application under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules issued by the department under sub. (7) (d), a registry identification card shall expire one year from the date of issuance. A registry identification card shall contain all of the following:

SB368,13,15 (a) The name, address, and date of birth of all of the following:

SB368,13,16 1. The registrant.

SB368,13,17 2. The primary caregivers, if the registrant is a qualifying patient.

SB368,13,18 3. The qualifying patient, if the registrant is a primary caregiver.

SB368,13,19 (b) The date of issuance and expiration date of the registry identification card.

SB368,13,20 (c) A photograph of the registrant.

SB368,13,21 (d) Other information that the department may require by rule.

SB368,14,3 (5) Additional information to be provided by registrant. (a) 1. An adult registrant shall notify the department of any change in the registrant's name and address. An adult registrant who is a qualifying patient shall notify the department of any change in his or her physician, of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment, and if a registered primary caregiver no longer assists the registrant with the medical use of tetrahydrocannabinols.

SB368,14,7 2. If a qualifying patient is a child, a primary caregiver for the child shall provide the department with any information that the child, if he or she were an adult, would have to provide under subd. 1. within 10 days after the date of the change to which the information relates.

SB368,14,12 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a) 1., his or her registry identification card is void. If a registrant fails to comply with par. (a) 2., the registry identification card for the qualifying patient to whom the information under par. (a) 2. relates is void.

SB368,14,16 (c) If a qualifying patient's registry identification card becomes void under par. (b), the registry identification card for each of the qualifying patient's primary caregivers is void. The department shall send written notice of this fact to each such primary caregiver.

SB368,14,17 (6) Records. (a) The department shall maintain a list of all registrants.

SB368,14,20 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not disclose information from an application submitted or a registry identification card issued under this section.

SB368,14,24 (c) The department may disclose to state or local law enforcement agencies information from an application submitted by, or from a registry identification card issued to, a specific person under this section, for the purpose of verifying that the person possesses a valid registry identification card.

SB368,15,2 (7) Rules. The department shall promulgate rules to implement this section, including the rules required under sub. (2) (c) and rules doing all of the following:

SB368,15,3 (a) Creating forms for applications to be used under sub. (2).

SB368,15,5 (b) Specifying how the department will verify the truthfulness of information submitted on an application under sub. (2).