SB789: Bill Text

SB789,17,2 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.

SB789,17,7 (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.

SB789,17,11 (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.

SB789,17,12 (6) Records. (a) The department shall maintain a list of all registrants.

SB789,17,15 (b) Notwithstanding s. 19.35 and except as provided in par. (c) and sub. (2) (am), the department may not disclose information from an application submitted or a registry identification card issued under this section.

SB789,17,19 (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.

SB789,17,21 (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:

SB789,17,22 (a) Creating forms for applications to be used under sub. (2).

SB789,17,24 (b) Specifying how the department will verify the truthfulness of information submitted on an application under sub. (2).

SB789,18,2 (c) Specifying how and under what circumstances registry identification cards may be renewed.

SB789,18,4 (d) Specifying how and under what changed circumstances a registry identification card may be revoked.

SB789,18,6 (e) Specifying under what circumstances an applicant whose application is denied may reapply.

SB789,18,8 (f) Ensuring that out-of-state registry identification cards are valid only if the following apply:

SB789,18,11 1. The person holding the out-of-state registry identification card has been diagnosed with a debilitating medical condition in the course of a bona fide practitioner-patient relationship, as defined in s. 961.01 (3).

SB789,18,14 2. The out-of-state registry identification card allows for the medical use of tetrahydrocannabinols by the person who holds it, is valid in the jurisdiction in which it was provided, and the person who holds the card is a resident of that jurisdiction.

SB789,18,17 3. The person who holds the card has not been a resident of Wisconsin for a period longer than a period the department determines would allow the person to apply for a registry identification card in Wisconsin.

SB789,18,21 (g) Creating guidelines for issuing registry identification cards, and for obtaining and distributing marijuana for the medical use of tetrahydrocannabinols, to persons under the care of the department who have a debilitating medical condition or treatment.

SB789,21 Section 21. 146.81 (1) (L) of the statutes is amended to read:

SB789,18,23 146.81 (1) (L) A hospice licensed under subch. IV VI of ch. 50.

SB789,22 Section 22. 146.997 (1) (d) 18. of the statutes is amended to read:

SB789,18,25 146.997 (1) (d) 18. A hospice licensed under subch. IV VI of ch. 50.

SB789,23 Section 23. 173.12 (1m) of the statutes is amended to read:

SB789,19,8 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1) (1f), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

SB789,24 Section 24. 234.29 of the statutes is amended to read:

SB789,19,20 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

SB789,25 Section 25. 289.33 (3) (d) of the statutes is amended to read:

SB789,20,14 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

SB789,26 Section 26. 349.02 (2) (b) 4. of the statutes is amended to read:

SB789,20,17 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

SB789,27 Section 27. 767.41 (5) (am) (intro.) of the statutes is amended to read:

SB789,20,24 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider the following factors in making its determination:

SB789,28 Section 28. 767.41 (5) (d) of the statutes is created to read:

SB789,21,7 767.41 (5) (d) The court may not consider as a factor in determining the legal custody of a child whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB789,29 Section 29. 767.451 (5m) (a) (intro.) of the statutes is amended to read:

SB789,21,12 767.451 (5m) (a) (intro.) Subject to pars. (b) and, (c), and (d), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

SB789,30 Section 30. 767.451 (5m) (d) of the statutes is created to read:

SB789,21,21 767.451 (5m) (d) In an action to modify a legal custody order, the court may not consider as a factor in making a determination whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB789,31 Section 31. 961.01 (3) of the statutes is created to read:

SB789,21,24 961.01 (3) "Bona fide practitioner-patient relationship" means a relationship between the practitioner and the patient that includes all of the following:

SB789,22,3 (a) An assessment of the patient's medical history and current medical condition by the practitioner, including an in-person physical examination if appropriate.

SB789,22,5 (b) A consultation between the practitioner and the patient with respect to the patient's debilitating medical condition or treatment.

SB789,22,7 (c) Availability by the practitioner to provide follow-up care and treatment to the patient, including patient examinations.

SB789,32 Section 32. 961.01 (5m) of the statutes is created to read:

SB789,22,10 961.01 (5m) "Debilitating medical condition or treatment" means any of the following:

SB789,22,15 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV, Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic lateral sclerosis, nail patella syndrome, Ehlers-Danlos Syndrome, post-traumatic stress disorder, or the treatment of these conditions.

SB789,22,19 (b) A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB789,22,22 (c) Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department of health services under s. 961.436 (5).

SB789,33 Section 33. 961.01 (11v) of the statutes is created to read:

SB789,22,25 961.01 (11v) "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

SB789,34 Section 34. 961.01 (12v) of the statutes is created to read:

SB789,23,4 961.01 (12v) "Lockable, enclosed facility" means an enclosed indoor or outdoor area that is lockable, or may use a security device, to permit access only by a member of a qualifying patient's treatment team.

SB789,35 Section 35. 961.01 (14c) of the statutes is created to read:

SB789,23,7 961.01 (14c) "Maximum authorized amount" means 12 live marijuana plants and 3 ounces of usable marijuana.

SB789,36 Section 36. 961.01 (14g) of the statutes is created to read:

SB789,23,10 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the following:

SB789,23,13 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

SB789,23,16 (b) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or her use of the tetrahydrocannabinols under par. (a).

SB789,23,22 (c) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols in any form between a qualifying patient and his or her primary caregivers, or the transfer of tetrahydrocannabinols in any form between persons who are primary caregivers for the same qualifying patient if all of the following apply:

SB789,23,25 1. The acquisition, possession, cultivation, transportation, or transfer of the tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

SB789,24,3 2. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport the tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

SB789,37 Section 37. 961.01 (17k) of the statutes is created to read:

SB789,24,6 961.01 (17k) "Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

SB789,38 Section 38. 961.01 (19m) of the statutes is created to read:

SB789,24,11 961.01 (19m) "Primary caregiver" means a person who is at least 21 years of age, who would not be denied, under s. 146.44 (3), a registry identification card, and who has agreed to help a qualifying patient in his or her medical use of tetrahydrocannabinols.

SB789,39 Section 39. 961.01 (20hm) of the statutes is created to read:

SB789,24,16 961.01 (20hm) "Qualifying patient" means a person who has been diagnosed in the course of a bona fide practitioner-patient relationship as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

SB789,24,19 (a) The person's practitioner has explained the potential risks and benefits of the medical use of tetrahydrocannabinols to the person and to a parent, guardian, or person having legal custody of the person.

SB789,24,21 (b) The parent, guardian, or person having legal custody provides the practitioner a written statement consenting to do all of the following:

SB789,24,22 1. Allow the person's medical use of tetrahydrocannabinols.

SB789,24,23 2. Serve as a primary caregiver for the person.

SB789,24,24 3. Manage the person's medical use of tetrahydrocannabinols.

SB789,40 Section 40. 961.01 (20ht) of the statutes is created to read:

SB789,25,2 961.01 (20ht) "Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB789,41 Section 41. 961.01 (20t) of the statutes is created to read:

SB789,25,5 961.01 (20t) "Treatment team" means a qualifying patient and his or her primary caregivers.

SB789,42 Section 42. 961.01 (21f) of the statutes is created to read:

SB789,25,9 961.01 (21f) "Usable marijuana" means marijuana leaves or flowers but does not include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.

SB789,43 Section 43. 961.01 (21t) of the statutes is created to read:

SB789,25,12 961.01 (21t) "Written certification" means a statement made by a person's practitioner if all of the following apply:

SB789,25,16 (a) The statement indicates that, in the practitioner's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a) would likely outweigh the health risks for the person.

SB789,25,18 (b) The statement indicates that the opinion described in par. (a) was made in the course of a bona fide practitioner-patient relationship.

SB789,25,20 (c) The statement is signed by the practitioner or is contained in the person's medical records.

SB789,44 Section 44. 961.436 of the statutes is created to read:

SB789,26,2 961.436 Medical use defense in cases involving tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

SB789,26,4 (a) The manufacture or possession is a medical use of tetrahydrocannabinols by the treatment team.

SB789,26,6 (b) The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB789,26,9 (c) Any live marijuana plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB789,26,11 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB789,26,15 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply: