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:
AB224,21,2
1(1) The organization does not qualify as a nonprofit organization, as defined
2in s. 108.02 (19).
AB224,21,4
3(2) The organization is located within 500 feet of a public or private elementary
4or secondary school, including a charter school.
AB224,21,7
5(3) The compassion center distributes to a treatment team a number of plants
6or an amount in ounces of usable marijuana that, in the period of distribution, results
7in the treatment team possessing more than the maximum medicinal amount.
AB224,21,11
8(4) The compassion center possesses a number of plants or an amount in ounces
9of usable marijuana that exceeds the combined maximum medicinal amount for all
10of the treatment teams that use the organization by a number or an amount
11determined by the department by rule to be unacceptable.
AB224,21,14
1250.64 Licensing procedure. (1) The application for a license must be in
13writing on a form provided by the department and include the licensing application
14fee under sub. (2) (a).
AB224,21,15
15(2) (a) A licensing application fee is $250.
AB224,21,1616
(b) The annual fee for a compassion center is $5,000.
AB224,21,19
17(3) A compassion center license is valid until revoked. Each license shall be
18issued only for the applicant named in the application and may not be transferred
19or assigned.
AB224,21,24
2050.65 Distribution of medical marijuana. (1) A compassion center may
21sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for
22the storage or use of usable marijuana to a member of a treatment team if the
23compassion center receives a copy of the qualifying patient's written certification or
24registry identification card.
AB224,22,2
1(2) A compassion center may possess or manufacture tetrahydrocannabinols
2or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).
AB224,22,4
3(3) A compassion center may have 2 locations, one for cultivation and one for
4sales, distribution, or delivery.
AB224,22,10
5(4) A compassion center shall have all tetrahydrocannabinols tested for mold,
6fungus, pesticides, and other contaminants and may not sell, distribute, or deliver
7tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other
8contaminants if the contaminants, or level of contaminants, are identified by the
9testing laboratories under s. 50.66 (2) to be potentially unsafe to a qualifying
10patient's health.
AB224,22,11
11(5) A compassion center may cultivate marijuana outdoors.
AB224,22,15
1250.66 Testing laboratories. The department shall register entities as
13tetrahydrocannabinols testing laboratories. The laboratories may possess or
14manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
15following services:
AB224,22,17
16(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
17potency and for mold, fungus, pesticides, and other contaminants.
AB224,22,20
18(2) Collect information on research findings and conduct research related to
19the medical use of tetrahydrocannabinols, including research that identifies
20potentially unsafe levels of contaminants.
AB224,22,22
21(3) Provide training to persons who hold registry identification cards,
22treatment teams, and persons employed by compassion centers on the following:
AB224,22,2423
(a) The safe and efficient cultivation, harvesting, packaging, labeling, and
24distribution of marijuana for the medical use of tetrahydrocannabinols.
AB224,22,2525
(b) Security and inventory accountability procedures.
AB224,23,1
1(c) The most recent research on the medical use of tetrahydrocannabinols.
AB224,41
2Section
41. Subchapter IV (title) of chapter 50 [precedes 50.90] of the statutes
3is renumbered subchapter VI (title) of chapter 50 [precedes 50.90].
AB224,42
4Section
42. 59.54 (25) (title) of the statutes is amended to read:
AB224,23,55
59.54
(25) (title)
Possession Regulation of marijuana.
AB224,43
6Section
43. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB224,23,157
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
8the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
9s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
10is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
11an allegation of possession of more than 25 grams of marijuana, or possession of any
12amount of marijuana following a conviction in this state for possession of marijuana 13alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
14may not be prosecuted under this subsection for the same action that is the subject
15of the complaint unless all of the following occur:
AB224,44
16Section
44. 66.0107 (1) (bm) of the statutes is amended to read:
AB224,24,217
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
18marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
19(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
20with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
21of possession of more than 25 grams of marijuana, or possession of any amount of
22marijuana following a conviction in this state for possession of marijuana alleging
23a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not
24be prosecuted under this paragraph for the same action that is the subject of the
1complaint unless the charges are dismissed or the district attorney declines to
2prosecute the case.
AB224,45
3Section
45. 66.0408 of the statutes is created to read:
AB224,24,6
466.0408 Cultivation of tetrahydrocannabinols. (1) No village, town, city,
5or county may enact or enforce an ordinance or a resolution that prohibits cultivating
6tetrahydrocannabinols outdoors if the cultivation is by one of the following:
AB224,24,77
(a) A compassion center, as defined in s. 50.60 (1).
AB224,24,108
(b) A person who is cultivating tetrahydrocannabinols for the medical use of
9tetrahydrocannabinols, as defined in s. 50.60 (4), if the amount does not exceed the
10maximum medicinal amount, as defined in s. 50.60 (3).
AB224,24,1211
(c) A person who is a personal-use permit holder, as defined in s. 961.70 (7), who
12has no more than 12 marijuana plants at one time.
AB224,46
13Section
46. 85.53 (1) (d) of the statutes is amended to read:
AB224,24,1614
85.53
(1) (d) "Operating while intoxicated" means a violation of s. 346.63 (1)
or, 15(2m)
, or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
16940.09 (1) or 940.25.
AB224,47
17Section
47. 139.87 (7) of the statutes is amended to read:
AB224,24,2018
139.87
(7) "Tetrahydrocannabinols" means a substance
included in s. 961.14
19(4) (t) in any form including tetrahydrocannabinols contained in marijuana,
20obtained from marijuana or chemically synthesized.
AB224,48
21Section
48. Subchapter V (title) of chapter 139 [precedes 139.97] of the
22statutes is created to read:
AB224,24,2323
chapter 139
AB224,24,2424
subchapter v
AB224,24,2525
marijuana tax and regulation
AB224,49
1Section
49. 139.97 of the statutes is created to read:
AB224,25,2
2139.97 Definitions. In this subchapter:
AB224,25,4
3(1) "Department", if used without further qualification, means the department
4of revenue.
AB224,25,7
5(2) "Lot" means a definite quantity of marijuana or usable marijuana identified
6by a lot number, every portion or package of which is consistent with the factors that
7appear in the labeling.
AB224,25,9
8(3) "Lot number" means a number that specifies the person who holds a valid
9license under this subchapter and the harvesting or processing date for each lot.
AB224,25,10
10(4) "Marijuana" has the meaning given in s. 961.70 (3).
AB224,25,13
11(5) "Marijuana processor" means a person who processes marijuana into usable
12marijuana, packages and labels usable marijuana for sale in retail outlets, or sells
13usable marijuana at wholesale to marijuana retailers.
AB224,25,15
14(6) "Marijuana producer" means a person who produces marijuana and sells
15it at wholesale to marijuana processors or other marijuana producers.
AB224,25,17
16(8) "Marijuana retailer" means a person who sells usable marijuana at a retail
17outlet.
AB224,25,19
18(9) "Permittee" means a marijuana producer, marijuana processor, or
19marijuana retailer who is issued a permit under s. 139.972.
AB224,25,21
20(10) "Retail outlet" means a location for the retail sale of usable marijuana or
21marijuana-infused products.
AB224,25,22
22(11) "Sales price" has the meaning given in s. 77.51 (15b).
AB224,25,23
23(12) "Usable marijuana" means dried marijuana flowers.
AB224,50
24Section
50. 139.971 of the statutes is created to read:
AB224,26,3
1139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
2producer at the rate of 25 percent of the sales price on each wholesale sale in this state
3of marijuana to a marijuana processor or to another marijuana producer.
AB224,26,64
(b) An excise tax is imposed on a marijuana processor at the rate of 25 percent
5of the sales price on each wholesale sale in this state of usable marijuana to a
6marijuana retailer.
AB224,26,87
(c) An excise tax is imposed on a marijuana retailer at the rate of 25 percent
8of the sales price on each retail sale in this state of usable marijuana.
AB224,26,13
9(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
10to the department no later than the 15th day of the month following the month in
11which the person's tax liability is incurred and shall include with the payment a
12return on a form prescribed by the department. The department shall deposit all
13taxes collected under this section into the marijuana fund.
AB224,51
14Section
51. 139.972 of the statutes is created to read:
AB224,26,18
15139.972 Permits required. (1) (a) No person may operate in this state as a
16marijuana producer, marijuana processor, or marijuana retailer without first filing
17an application for and obtaining the proper permit from the department to perform
18such operations.
AB224,26,2119
(b) This section applies to all officers, directors, agents, and stockholders
20holding 5 percent or more of the stock of any corporation applying for a permit under
21this section.
AB224,26,2322
(c) Subject to ss. 111.321, 111.322, and 111.335, no permit under this section
23may be granted to any person to whom any of the following applies: