AB224,11,520
23.33
(4p) (d)
Admissibility; effect of test results; other evidence. The results
21of a chemical test required or administered under par. (a), (b) or (c) are admissible
22in any civil or criminal action or proceeding arising out of the acts committed by a
23person alleged to have violated the intoxicated operation of an all-terrain vehicle or
24utility terrain vehicle law on the issue of whether the person was under the influence
25of an intoxicant or the issue of whether the person had alcohol concentrations
or
1tetrahydrocannabinols concentrations at or above specified levels or a detectable
2amount of a restricted controlled substance in his or her blood. Results of these
3chemical tests shall be given the effect required under s. 885.235. This subsection
4does not limit the right of a law enforcement officer to obtain evidence by any other
5lawful means.
AB224,17
6Section
17. 23.33 (13) (b) 1. of the statutes is amended to read:
AB224,11,97
23.33
(13) (b) 1. Except as provided under subds. 2. and 3., a person who
8violates sub. (4c) (a) 1., 2.,
2g., or 2m. or (4p) (e) shall forfeit not less than $150 nor
9more than $300.
AB224,18
10Section
18. 23.33 (13) (b) 2. of the statutes is amended to read:
AB224,11,1611
23.33
(13) (b) 2. Except as provided under subd. 3., a person who violates sub.
12(4c) (a) 1., 2.,
2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
13current violation, was convicted previously under the intoxicated operation of an
14all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
15less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
16nor more than 6 months.
AB224,19
17Section
19. 23.33 (13) (b) 3. of the statutes is amended to read:
AB224,11,2318
23.33
(13) (b) 3. A person who violates sub. (4c) (a) 1., 2.,
2g., or 2m. or (4p) (e)
19and who, within 5 years prior to the arrest for the current violation, was convicted
202 or more times previously under the intoxicated operation of an all-terrain vehicle
21or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more
22than $2,000 and shall be imprisoned not less than 30 days nor more than one year
23in the county jail.
AB224,20
24Section
20. 23.33 (13) (e) of the statutes is amended to read:
AB224,12,10
123.33
(13) (e)
Alcohol, controlled substances or controlled substance analogs,
2tetrahydrocannabinols; assessment. In addition to any other penalty or order, a
3person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25
4if the violation involves the operation of an all-terrain vehicle or utility terrain
5vehicle, shall be ordered by the court to submit to and comply with an assessment
6by an approved public treatment facility for an examination of the person's use of
7alcohol, controlled substances or controlled substance analogs
, or
8tetrahydrocannabinols. The assessment order shall comply with s. 343.30 (1q) (c) 1.
9a. to c. Intentional failure to comply with an assessment ordered under this
10paragraph constitutes contempt of court, punishable under ch. 785.
AB224,21
11Section
21. 25.56 of the statutes is created to read:
AB224,12,14
1225.56 Marijuana fund. There is established a separate nonlapsible trust
13fund, designated as the marijuana fund, consisting of all revenue from the fees,
14taxes, interest, and penalties under subch. V of ch. 139.
AB224,22
15Section
22. 30.50 (10m) (a) of the statutes is amended to read:
AB224,12,1716
30.50
(10m) (a) A controlled substance included in schedule I under ch. 961
17other than a tetrahydrocannabinol.
AB224,23
18Section
23. 30.50 (10m) (e) of the statutes is repealed.
AB224,24
19Section
24. 30.50 (13p) of the statutes is created to read:
AB224,12,2120
30.50
(13p) "Tetrahydrocannabinols concentration" means the number of
21nanograms of tetrahydrocannabinols per milliliter of blood.
AB224,25
22Section
25. 30.681 (1) (b) (title) of the statutes is amended to read:
AB224,12,2423
30.681
(1) (b) (title)
Operating after using a controlled substance or, alcohol, or
24marijuana.
AB224,26
25Section
26. 30.681 (1) (b) 1g. of the statutes is created to read:
AB224,13,2
130.681
(1) (b) 1g. No person may engage in the operation of a motorboat while
2the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB224,27
3Section
27. 30.681 (1) (bn) (title) of the statutes is amended to read:
AB224,13,54
30.681
(1) (bn) (title)
Operating with alcohol or tetrahydrocannabinols
5concentrations at specified levels; below legal drinking age.
AB224,28
6Section
28. 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.
AB224,29
7Section
29. 30.681 (1) (bn) 2. of the statutes is created to read:
AB224,13,108
30.681
(1) (bn) 2. A person who has not attained the legal age, as defined in s.
9961.70 (2), may not engage in the operation of a motorboat while he or she has a
10tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.
AB224,30
11Section
30. 30.681 (1) (c) of the statutes is amended to read:
AB224,13,2012
30.681
(1) (c)
Related charges. A person may be charged with and a prosecutor
13may proceed upon a complaint based upon a violation of any combination of par. (a)
14or (b) 1.,
1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
15person is charged with violating any combination of par. (a) or (b) 1.,
1g., 1m., or 2.,
16the offenses shall be joined. If the person is found guilty of any combination of par.
17(a) or (b) 1.,
1g., 1m., or 2. for acts arising out of the same incident or occurrence, there
18shall be a single conviction for purposes of sentencing and for purposes of counting
19convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1.,
1g., 1m., and
202. each require proof of a fact for conviction which the others do not require.
AB224,31
21Section
31. 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and
22amended to read:
AB224,14,423
30.681
(1) (d) 1. In an action under par. (b) 1m. that is based on the defendant
24allegedly having a detectable amount of methamphetamine
, or 25gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
1the defendant has a defense if he or she proves by a preponderance of the evidence
2that at the time of the incident or occurrence he or she had a valid prescription for
3methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
4acid
, or.
AB224,14,10
52. In action under par. (b) 1g. or (bn) 2. that is based on the defendant allegedly
6having a prohibited tetrahydrocannabinols concentration, the defendant has a
7defense if he or she proves by a preponderance of the evidence that at the time of the
8incident or occurrence he or she had a valid prescription for 9delta-9-tetrahydrocannabinol
or he or she was a qualifying patient, as defined in s.
1050.60 (6).
AB224,32
11Section
32. 30.681 (2) (b) (title) of the statutes is amended to read:
AB224,14,1312
30.681
(2) (b) (title)
Causing injury after using a controlled substance or,
13alcohol, or marijuana.
AB224,33
14Section
33. 30.681 (2) (b) 1g. of the statutes is created to read:
AB224,14,1615
30.681
(2) (b) 1g. No person who has a tetrahydrocannabinols concentration
16of 5.0 or more may cause injury to another person by the operation of a motorboat.
AB224,34
17Section
34. 30.681 (2) (c) of the statutes is amended to read:
AB224,15,218
30.681
(2) (c)
Related charges. A person may be charged with and a prosecutor
19may proceed upon a complaint based upon a violation of any combination of par. (a)
20or (b) 1.,
1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
21person is charged with violating any combination of par. (a) or (b) 1.,
1g., 1m., or 2.
22in the complaint, the crimes shall be joined under s. 971.12. If the person is found
23guilty of any combination of par. (a) or (b) 1.,
1g., 1m., or 2. for acts arising out of the
24same incident or occurrence, there shall be a single conviction for purposes of
25sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3.
1Paragraphs (a) and (b) 1.,
1g., 1m., and 2. each require proof of a fact for conviction
2which the others do not require.
AB224,35
3Section
35. 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB224,15,114
30.681
(2) (d) 1. a. In an action under this subsection for a violation of the
5intoxicated boating law where the defendant was operating a motorboat that is not
6a commercial motorboat, the defendant has a defense if he or she proves by a
7preponderance of the evidence that the injury would have occurred even if he or she
8had been exercising due care and he or she had not been under the influence of an
9intoxicant or did not have an alcohol concentration of 0.08 or more
or a
10tetrahydrocannabinols concentration of 5.0 or more or a detectable amount of a
11restricted controlled substance in his or her blood.
AB224,36
12Section
36. 30.681 (2) (d) 1. b. of the statutes is amended to read:
AB224,15,1913
30.681
(2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
14allegedly having a detectable amount of methamphetamine
, or 15gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
16the defendant has a defense if he or she proves by a preponderance of the evidence
17that at the time of the incident or occurrence he or she had a valid prescription for
18methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
19acid
, or.
AB224,15,24
20c. In action under par. (b) 1g. that is based on the defendant allegedly having
21a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
22or she proves by a preponderance of the evidence that at the time of the incident or
23occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol
or
24he or she was a qualifying patient, as defined in s. 50.60 (6).
AB224,37
25Section
37. 30.684 (4) of the statutes is amended to read:
AB224,16,10
130.684
(4) Admissibility; effect of test results; other evidence. The results
2of a chemical test required or administered under sub. (1), (2) or (3) are admissible
3in any civil or criminal action or proceeding arising out of the acts committed by a
4person alleged to have violated the intoxicated boating law on the issue of whether
5the person was under the influence of an intoxicant or the issue of whether the person
6had alcohol concentrations
or tetrahydrocannabinols concentrations at or above
7specified levels or a detectable amount of a restricted controlled substance in his or
8her blood. Results of these chemical tests shall be given the effect required under s.
9885.235. This section does not limit the right of a law enforcement officer to obtain
10evidence by any other lawful means.
AB224,38
11Section
38. 30.80 (6) (d) of the statutes is amended to read:
AB224,16,2012
30.80
(6) (d)
Alcohol, controlled substances or controlled substance analogs,
13tetrahydrocannabinols; examination. In addition to any other penalty or order, a
14person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25
15if the violation involves the operation of a motorboat, shall be ordered by the court
16to submit to and comply with an assessment by an approved public treatment facility
17for an examination of the person's use of alcohol, controlled substances or controlled
18substance analogs
, or tetrahydrocannabinols. Intentional failure to comply with an
19assessment ordered under this paragraph constitutes contempt of court, punishable
20under ch. 785.
AB224,39
21Section
39. 50.56 (3) of the statutes is amended to read:
AB224,16,2522
50.56
(3) Notwithstanding sub. (2), insofar as a conflict exists between this
23subchapter, or the rules promulgated under this subchapter, and subch. I, II or
IV 24VI, or the rules promulgated under subch. I, II or
IV VI, the provisions of this
25subchapter and the rules promulgated under this subchapter control.
AB224,40
1Section
40. Subchapter V of chapter 50 [precedes 50.60] of the statutes is
2created to read:
AB224,17,65
distribution and
6
testing centers
AB224,17,7
750.60 Definitions. In this subchapter:
AB224,17,9
8(1) "Compassion center" means a licensed organization that grows, sells,
9distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
AB224,17,10
10(2) "Debilitating medical condition or treatment" means any of the following:
AB224,17,1511
(a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
12the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
13Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic
14lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic
15stress disorder; or the treatment of these conditions.
AB224,17,1916
(b) A chronic or debilitating disease or medical condition or the treatment of
17such a disease or condition that causes cachexia, severe pain, severe nausea,
18seizures, including those characteristic of epilepsy, or severe and persistent muscle
19spasms, including those characteristic of multiple sclerosis.
AB224,17,2220
(c) Any other medical condition or any other treatment for a medical condition
21designated as a debilitating medical condition or treatment in rules promulgated by
22the department of health services under s. 50.61 (2).
AB224,17,23
23(2m) "Department" means the department of health services.
AB224,17,25
24(3) "Maximum medicinal amount" means 12 live marijuana plants and 3
25ounces of usable marijuana.
AB224,18,1
1(4) "Medical use of tetrahydrocannabinols" means any of the following:
AB224,18,42
(a) The use of tetrahydrocannabinols in any form by a qualifying patient to
3alleviate the symptoms or effects of the qualifying patient's debilitating medical
4condition or treatment.
AB224,18,75
(b) The acquisition, possession, cultivation, or transportation of
6tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
7her use of the tetrahydrocannabinols under par. (a).
AB224,18,138
(c) The acquisition, possession, cultivation, or transportation of
9tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
10the transfer of tetrahydrocannabinols in any form between a qualifying patient and
11his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form
12between persons who are primary caregivers for the same qualifying patient if all of
13the following apply:
AB224,18,1614
1. The acquisition, possession, cultivation, or transportation of
15tetrahydrocannabinols is done to facilitate the qualifying patient's use of
16tetrahydrocannabinols under par. (a) or (b).
AB224,18,1917
2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
18or transport the tetrahydrocannabinols independently, or the qualifying patient is
19under 18 years of age.
AB224,18,22
20(5) "Primary caregiver" means a person who is at least 18 years of age and who
21has agreed to help a qualifying patient in his or her medical use of
22tetrahydrocannabinols.
AB224,18,25
23(6) "Qualifying patient" means a person who has been diagnosed by a physician
24as having or undergoing a debilitating medical condition or treatment but does not
25include a person under the age of 18 years unless all of the following apply:
AB224,19,3
1(a) The person's physician has explained the potential risks and benefits of the
2medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
3individual having legal custody of the person.
AB224,19,54
(b) The parent, guardian, or individual having legal custody of the person
5provides the physician a written statement consenting to do all of the following:
AB224,19,66
1. Allow the person's medical use of tetrahydrocannabinols.
AB224,19,77
2. Serve as a primary caregiver for the person.
AB224,19,88
3. Manage the person's medical use of tetrahydrocannabinols.
AB224,19,9
9(7) "Registry identification card" has the meaning given in s. 146.44 (1) (h).
AB224,19,11
10(8) "Treatment team" means a qualifying patient and his or her primary
11caregivers.
AB224,19,12
12(9) "Usable marijuana" has the meaning given in s. 139.97 (12).
AB224,19,14
13(10) "Written certification" means a statement made by a person's physician
14if all of the following apply:
AB224,19,1815
(a) The statement indicates that, in the physician's professional opinion, the
16person has or is undergoing a debilitating medical condition or treatment and the
17potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a)
18would likely outweigh the health risks for the person.
AB224,19,2119
(b) The statement indicates that the opinion described in par. (a) was formed
20after a full assessment, made in the course of a bona fide physician-patient
21relationship, of the person's medical history and current medical condition.
AB224,19,2322
(c) The statement is signed by the physician or is contained in the person's
23medical records.
AB224,19,25
2450.61 Departmental powers and duties.
(1) The department shall provide
25licensing, regulation, record keeping, and security for compassion centers.
AB224,20,8
1(2) Notwithstanding s. 227.12 (1), any person may petition the department to
2promulgate a rule to designate a medical condition or treatment as a debilitating
3medical condition or treatment. The department shall promulgate rules providing
4for public notice of and a public hearing regarding any such petition, with the public
5hearing providing persons an opportunity to comment upon the petition. After the
6hearing, but no later than 180 days after the submission of the petition, the
7department shall approve or deny the petition. The department's decision to approve
8or deny a petition is subject to judicial review under s. 227.52.
AB224,20,11
950.62 Licensing. The department shall issue licenses to operate as a
10compassion center and shall decide which and how many applicants for a license
11receive a license based on all of the following:
AB224,20,12
12(1) Convenience to treatment teams and the preferences of treatment teams.
AB224,20,14
13(2) The ability of an applicant to provide to treatment teams a sufficient
14amount of medical marijuana for the medical use of tetrahydrocannabinols.
AB224,20,16
15(3) The experience the applicant has running a nonprofit organization or a
16business.
AB224,20,18
17(4) The preferences of the governing bodies with jurisdiction over the area in
18which the applicants are located.
AB224,20,20
19(5) The ability of the applicant to keep records confidential and maintain a safe
20and secure facility.
AB224,20,21
21(6) The ability of the applicant to abide by the prohibitions under s. 50.63.
AB224,20,24
2250.63 Prohibitions. The department may not issue a license to operate as a
23compassion center to, and must revoke a license of, any organization to which any
24of the following applies: