Feed for /2011/related/proposals/ab475 PDF
The defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill do not apply if the person possesses or attempts to
possess marijuana and if: 1) while under the influence of marijuana, the person
drives or operates a motor vehicle; 2) while under the influence of marijuana, the
person operates heavy machinery or engages in any other conduct that endangers
the health or well-being of another person; or 3) the person smokes marijuana on a
bus, at his or her workplace, on school premises, in a correctional facility or jail, at
a public park, beach, or recreation center, or at a youth center. In addition, if the
putative qualifying patient is under 18 years of age, the defense provided under the
bill and the prohibition on arrest and prosecution contained in the bill apply only if
the person's parent, guardian, or legal custodian agrees to serve as a primary
caregiver for the person. The bill defines a primary caregiver as a person who is at
least 18 years old and who has agreed to be responsible for managing a qualifying
patient's medical use of marijuana.
The defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill apply also to a primary caregiver for any qualifying
patient, if the primary caregiver acquires, possesses, cultivates, transfers, or
transports marijuana to facilitate the qualifying patient's medical use of it. The
defense and the prohibition apply to the primary caregiver only if it is not practicable

for the qualifying patient to acquire, possess, cultivate, or transport marijuana
independently or if the qualifying patient is under 18. The defense and the
prohibition apply also to offenses involving drug paraphernalia if the qualifying
patient uses the drug paraphernalia for the medical use of marijuana.
Registry and distribution centers for medical users of marijuana
The bill requires DHS to establish a registry for medical users of marijuana.
Under the bill, a person claiming to be a qualifying patient may apply for a registry
identification card by submitting to DHS a signed application, accompanied by a
written certification and a registration fee of not more than $150. DHS must verify
the information and issue the person a registry identification card. A qualifying
patient and one of his or her primary caregivers may jointly apply for a registry
identification card for the primary caregiver. 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. A registry identification card is
generally valid for one year and may be renewed. This bill also requires DHS to
promulgate a rule listing other jurisdictions that allow the medical use of marijuana
by a visiting qualifying patient or allow a person to assist with a visiting qualifying
patient's medical use of marijuana. Under this bill, documents issued by these
entities identifying a person as a qualifying patient, primary caregiver, or equivalent
are treated 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 qualifying patient more than a maximum
amount of marijuana, and prohibits an organization from possessing a quantity that
exceeds, by an amount determined by DHS, the total maximum amount of marijuana
of all of the qualifying patients 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.
Effect on federal law
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.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.

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:
AB475, s. 1 1Section 1. 20.435 (1) (gq) of the statutes is created to read:
AB475,5,42 20.435 (1) (gq) Medical marijuana registry. All moneys received from
3applicants, as defined in s. 146.44 (1) (a), as fees under s. 146.44 (2) (a) 4., for the
4purposes of the Medical Marijuana Registry Program under s. 146.44.
AB475, s. 2 5Section 2. 20.435 (1) (jm) of the statutes is created to read:
AB475,5,86 20.435 (1) (jm) Licensing and support services for compassion centers. All
7moneys received under s. 50.64 to regulate and license compassion centers under
8subch. IV of ch. 50.
AB475, s. 3 9Section 3. 20.435 (6) (jm) of the statutes, as affected by 2011 Wisconsin Act 32,
10is amended to read:
AB475,6,611 20.435 (6) (jm) Licensing and support services. The amounts in the schedule
12for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm),
13and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and
14(5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and
15146.40 (4r) (b) and (er), and subch. IV V of ch. 50 and to conduct health facilities plan
16and rule development activities, for accrediting nursing homes, convalescent homes,
17and homes for the aged, to conduct capital construction and remodeling plan reviews
18under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or
19certifying, and approving facilities, issuing permits, and providing technical
20assistance, that are not specified under any other paragraph in this subsection. All
21moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025,

150.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and
250.981, all moneys received from fees for the costs of inspecting, licensing or
3certifying, and approving facilities, issuing permits, and providing technical
4assistance, that are not specified under any other paragraph in this subsection, and
5all moneys received under s. 50.135 (2) shall be credited to this appropriation
6account.
AB475, s. 4 7Section 4. 50.56 (3) of the statutes is amended to read:
AB475,6,118 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this
9subchapter, or the rules promulgated under this subchapter, and subch. I, II or IV
10V, or the rules promulgated under subch. I, II or IV V, the provisions of this
11subchapter and the rules promulgated under this subchapter control.
AB475, s. 5 12Section 5. Subchapter IV of chapter 50 [precedes 50.60] of the statutes is
13created to read:
AB475,6,1414 CHAPTER 50
AB475,6,1515 SUBCHAPTER IV
AB475,6,1616 Distribution Centers
AB475,6,17 1750.60 Definitions. In this subchapter:
AB475,6,19 18(1) "Compassion center" means a licensed organization that grows and
19distributes marijuana for the medical use of tetrahydrocannabinols.
AB475,6,20 20(2) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB475,6,22 21(3) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
22(14g).
AB475,6,23 23(4) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB475,6,24 24(5) "Registry identification card" has the meaning given in s. 146.44 (1) (g).
AB475,6,25 25(6) "Treatment team" has the meaning given in s. 961.01 (20t).
AB475,7,1
1(7) "Usable marijuana" has the meaning given in s. 961.01 (21f).
AB475,7,2 2(8) "Written certification" has the meaning given in s. 961.01 (21t).
AB475,7,4 350.61 Departmental powers and duties. The department shall provide
4licensing, regulation, record keeping, and security for compassion centers.
AB475,7,7 550.62 Licensing. The department shall issue licenses to operate as a
6compassion center and shall decide which and how many applicants for a license
7receive a license based on all of the following:
AB475,7,8 8(1) Convenience to treatment teams and the preferences of treatment teams.
AB475,7,10 9(2) The ability of an applicant to provide to treatment teams a sufficient
10amount of medical marijuana for the medical use of tetrahydrocannabinols.
AB475,7,12 11(3) The experience the applicant has running a nonprofit organization or a
12business.
AB475,7,14 13(4) The preferences of the governing bodies with jurisdiction over the area in
14which the applicants are located.
AB475,7,16 15(5) The ability of the applicant to keep records confidential and maintain a safe
16and secure facility.
AB475,7,17 17(6) The ability of the applicant to abide by the prohibitions under s. 50.63.
AB475,7,19 1850.63 Prohibitions. The department may not issue a license to, and must
19revoke a license of, any organization to which any of the following applies:
AB475,7,21 20(1) The organization does not qualify as a nonprofit organization, as defined
21in s. 108.02 (19).
AB475,7,23 22(2) The organization is located within 500 feet of a public or private elementary
23or secondary school, including a charter school.
AB475,8,2 24(3) The compassion center distributes to a treatment team an amount of plants
25or ounces of usable marijuana that, in the period of distribution, results in the

1treatment team possessing an amount that exceeds the maximum authorized
2amount.
AB475,8,6 3(4) The compassion center possesses an amount of plants or ounces of usable
4marijuana that exceeds the combined maximum authorized amount for all of the
5treatment teams that use the organization by an amount determined by the
6department by rule to be unacceptable.
AB475,8,7 750.64 Licensing procedure. (1) The application for a license shall:
AB475,8,88 (a) Be in writing on a form provided by the department.
AB475,8,99 (b) Include the licensing application fee under sub. (2) (a).
AB475,8,10 10(2) (a) A licensing application fee is $250.
AB475,8,1111 (b) The annual fee for a compassion center is $5,000.
AB475,8,14 12(3) A compassion center license is valid until revoked. Each license shall be
13issued only for the applicant named in the application and may not be transferred
14or assigned.
AB475,8,18 1550.65 Distribution of medical marijuana. (1) A compassion center may
16deliver or distribute tetrahydrocannabinols or drug paraphernalia to a member of a
17treatment team if the compassion center receives a copy of the qualifying patient's
18written certification or registry identification card.
AB475,8,20 19(2) A compassion center may possess or manufacture tetrahydrocannabinols
20or drug paraphernalia with the intent to deliver or distribute under sub. (1).
AB475,8,22 21(3) A compassion center may have 2 locations, one for cultivation and one for
22distribution.
AB475, s. 6 23Section 6. Subchapter IV of chapter 50 [precedes 50.90] of the statutes is
24renumbered subchapter V of chapter 50.
AB475, s. 7
1Section 7. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended
2to read:
AB475,9,123 59.54 (25) (a) The board may enact and enforce an ordinance to prohibit the
4possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to
5par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a
6violation of the ordinance; except that any person who is charged with possession of
7more than 25 grams of marijuana, or who is charged with possession of any amount
8of marijuana following a conviction for possession of marijuana, in this state shall
9not be prosecuted under this subsection
. Any ordinance enacted under this
10paragraph shall provide a person who is prosecuted under it with the defenses that
11the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
12(3g) (e)
.
AB475,9,14 13(b) 1. Any ordinance enacted under this subsection par. (a) applies in every
14municipality within the county.
AB475, s. 8 15Section 8. 59.54 (25) (b) 2. of the statutes is created to read:
AB475,9,1816 59.54 (25) (b) 2. A person may not be prosecuted under an ordinance enacted
17under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
18prosecution under s. 961.41 (3g) (e).
AB475, s. 9 19Section 9. 59.54 (25) (b) 3. of the statutes is created to read:
AB475,9,2320 59.54 (25) (b) 3. No person who is charged with possession of more than 25
21grams of marijuana, or who is charged with possession of any amount of marijuana
22following a conviction for possession of marijuana, in this state may be prosecuted
23under an ordinance enacted under par. (a).
AB475, s. 10 24Section 10. 59.54 (25m) of the statutes is amended to read:
AB475,10,10
159.54 (25m) Drug paraphernalia. The board may enact an ordinance to
2prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
3(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
4Any ordinance enacted under this subsection shall provide a person prosecuted
5under it with the defenses that the person has under s. 961.5755 to prosecutions
6under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
7under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
8the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
9961.575 (1).
The board may enforce an ordinance enacted under this subsection in
10any municipality within the county.
AB475, s. 11 11Section 11. 66.0107 (1) (bm) of the statutes is amended to read:
AB475,10,2312 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
1325 grams or less of marijuana, as defined in s. 961.01 (14), subject to this paragraph
14and
the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation
15of the ordinance; except that any. Any ordinance enacted under this paragraph shall
16provide a person prosecuted under it with the defenses that the person has under s.
17961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not
18be prosecuted under an ordinance enacted under this paragraph if, under s. 968.072
19(2) or (4) (b), the person would not be subject to prosecution under s. 961.41 (3g) (e).
20No
person who is charged with possession of more than 25 grams of marijuana, or
21who is charged with possession of any amount of marijuana following a conviction
22for possession of marijuana, in this state shall not may be prosecuted under this
23paragraph.
AB475, s. 12 24Section 12. 66.0107 (1) (bp) of the statutes is amended to read:
AB475,11,8
166.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
2same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
3(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
4under this paragraph shall provide a person prosecuted under it with the defenses
5that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
6(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
7under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
8to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
AB475, s. 13 9Section 13. 146.40 (1) (bo) of the statutes is amended to read:
AB475,11,1110 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV V
11of ch. 50.
AB475, s. 14 12Section 14. 146.44 of the statutes is created to read:
AB475,11,14 13146.44 Medical Marijuana Registry Program. (1) Definitions. In this
14section:
AB475,11,1615 (a) "Applicant" means a person who is applying for a registry identification card
16under sub. (2) (a).
AB475,11,1817 (b) "Debilitating medical condition or treatment" has the meaning given in s.
18961.01 (5m).
AB475,11,2019 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
20(14g).
AB475,11,2321 (cm) "Out-of-state registry identification card" means a document issued by
22an entity listed in the rule promulgated under sub. (7) (f) that identifies the person
23as a qualifying patient or primary caregiver, or an equivalent designation.
AB475,11,2424 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB475,11,2525 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB475,12,2
1(f) "Registrant" means a person to whom a registry identification card is issued
2under sub. (4).
AB475,12,53 (g) "Registry identification card" means a document issued by the department
4under this section that identifies a person as a qualifying patient or primary
5caregiver.
AB475,12,66 (h) "Written certification" has the meaning given in s. 961.01 (21t).
AB475,12,9 7(2) Application. (a) An adult who is claiming to be a qualifying patient may
8apply for a registry identification card by submitting to the department a signed
9application form containing or accompanied by all of the following:
AB475,12,1010 1. His or her name, address, and date of birth.
AB475,12,1111 2. A written certification.
AB475,12,1312 3. The name, address, and telephone number of the person's current physician,
13as listed in the written certification.
AB475,12,1514 4. A registration fee in an amount determined by the department, but not to
15exceed $150.
AB475,12,2216 (b) A qualifying patient who is an adult and who has been issued a registry
17identification card under sub. (4) or an applicant may jointly apply with another
18adult to the department for a registry identification card for the other adult,
19designating him or her as a primary caregiver for the qualifying patient or the
20applicant. Both persons who jointly apply for a registry identification card under this
21paragraph shall sign the application form, which shall contain the name, address,
22and date of birth of the individual applying to be registered as a primary caregiver.
AB475,13,223 (c) The department shall promulgate rules specifying how a parent, guardian,
24or person having legal custody of a child may apply for a registry identification card

1for himself or herself and for the child and the circumstances under which the
2department may approve or deny the application.
Loading...
Loading...