Amendment ASA1-SB10

LRBs0022/1

CMH:klm

2017 - 2018 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 10

March 7, 2017 - Offered by Representatives C. Taylor, Sinicki, Ohnstad, Stuck, Brostoff, Bowen, Goyke, Riemer, Genrich, Berceau, Wachs, Shankland, Zamarripa and Anderson.

SB10-ASA1,2,2 An Act to renumber and amend 961.55 (8) and 968.19; to amend 59.54 (25) (a) (intro.), 59.54 (25m), 66.0107 (1) (bm), 66.0107 (1) (bp), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1m) (h), 234.29, 289.33 (3) (d), 349.02 (2) (b) 4., 767.41 (5) (am) (intro.), 767.451 (5m) (a), 961.555 (2) (a), 961.56 (1) and 968.20 (1g) (intro.); and to create 20.435 (1) (gq), 20.435 (1) (jm), subchapter IV of chapter 50 [precedes 50.59], 59.54 (25) (c), 66.0414, 146.44, 767.41 (5) (d), 767.451 (5m) (d), 961.01 (3), 961.01 (5m), 961.01 (11v), 961.01 (12v), 961.01 (14c), 961.01 (14g), 961.01 (17k), 961.01 (19m), 961.01 (20hm), 961.01 (20ht), 961.01 (20t), 961.01 (21f), 961.01 (21t), 961.436, 961.55 (8) (b), 961.55 (8) (c), 961.55 (8) (d), 961.555 (2) (e), 961.555 (2m), 961.5755, 968.072, 968.12 (6), 968.19 (2) and 968.20 (1j) of the statutes; relating to: medical use of marijuana, the regulation of marijuana distribution entities, requiring the exercise of rule-making authority, making appropriations, and providing a criminal penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits a person from manufacturing, distributing, or delivering marijuana; possessing marijuana with the intent to manufacture, distribute, or deliver it; possessing or attempting to possess marijuana; using drug paraphernalia; or possessing drug paraphernalia with the intent to produce, distribute, or use a controlled substance. This substitute amendment creates a medical use defense to such marijuana-related prosecutions and forfeiture actions for persons who are registered with the Department of Health Services as having specified debilitating medical conditions or treatments and, if applicable, their primary caregivers. This substitute amendment also prohibits the arrest or prosecution of such persons for those offenses. The defense and prohibition do not apply under certain circumstances, such as 1) if the person does not have a valid registry identification card; 2) if the amount of marijuana involved is more than 12 marijuana plants and three ounces of marijuana leaves or flowers; 3) if, while under the influence of marijuana, the person drives a motor vehicle or engages in any other conduct that endangers the health or well being of another person; or 4) if the person smokes marijuana on a school bus or public transit or on school premises.

Under the substitute amendment, DHS must establish a registry for persons who use marijuana for medical use. Under the substitute amendment, a person may apply to DHS for a registry identification card. DHS must issue a qualified applicant a registry identification card unless, in the previous ten years, the applicant was serving a sentence or on probation for certain felony convictions. Except for law enforcement purposes, DHS must keep registry information and applications confidential.

Under the substitute amendment, DHS also must license and regulate dispensaries to facilitate the medical use of marijuana. This substitute amendment prohibits dispensaries from being located within 500 feet of a school, prohibits a dispensary from distributing to one person more than an allowable amount of marijuana, and prohibits a dispensary from possessing an excessive quantity of marijuana as determined by the number of persons it serves or by DHS. An applicant for a license must pay an initial application fee of $250, and a dispensary must pay an annual fee of $5,000.

This substitute amendment requires DHS to promulgate rules to allow entities to grow marijuana and distribute marijuana to dispensaries. This substitute amendment also requires DHS to register entities as tetrahydrocannabinols-testing laboratories.

This substitute amendment 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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB10-ASA1,1 Section 1. 20.435 (1) (gq) of the statutes is created to read:

SB10-ASA1,3,4 20.435 (1) (gq) Medical marijuana registry. All moneys received as fees under s. 146.44 (2) (a) 4., for the purposes of the Medical Marijuana Registry Program under s. 146.44.

SB10-ASA1,2 Section 2 . 20.435 (1) (jm) of the statutes is created to read:

SB10-ASA1,3,8 20.435 (1) (jm) Licensing and support services for dispensaries. All moneys received under s. 50.594 to license and regulate dispensaries, and to register laboratories, under subch. IV of ch. 50.

SB10-ASA1,3 Section 3 . Subchapter IV of chapter 50 [precedes 50.59] of the statutes is created to read:

SB10-ASA1,3,11 CHAPTER 50

SB10-ASA1,3,12 SUBCHAPTER IV

SB10-ASA1,3,13 Distribution and testing Centers

SB10-ASA1,3,14 50.59 Definitions. In this subchapter:

SB10-ASA1,3,18 (1) “Dispensary" means an entity licensed under s. 50.592 that cultivates, acquires, manufactures, possesses, delivers, transfers, transports, sells, or dispenses marijuana, paraphernalia, or related supplies and educational materials to treatment teams and other dispensaries.

SB10-ASA1,3,19 (2) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

SB10-ASA1,3,21 (3) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB10-ASA1,4,1 (4) “Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB10-ASA1,4,2 (5) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB10-ASA1,4,3 (6) “Treatment team" has the meaning given in s. 961.01 (20t).

SB10-ASA1,4,4 (7) “Usable marijuana" has the meaning given in s. 961.01 (21f).

SB10-ASA1,4,5 (8) “Written certification" has the meaning given in s. 961.01 (21t).

SB10-ASA1,4,7 50.591 Departmental powers and duties. (1) The department shall provide licensing, regulation, record keeping, and security for dispensaries.

SB10-ASA1,4,11 (2) The department shall promulgate rules allowing entities to grow marijuana and distribute marijuana to dispensaries, developing security guidelines for the entities, and regulating such entities. The rules may not include limits on the amount of marijuana the entities grow for, or sell to, dispensaries.

SB10-ASA1,4,14 50.592 Licensing. The department shall issue licenses to operate as a dispensary and shall decide which and how many applicants for a license receive a license based on all of the following:

SB10-ASA1,4,15 (1) Convenience to treatment teams and the preferences of treatment teams.

SB10-ASA1,4,17 (2) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

SB10-ASA1,4,19 (3) The experience the applicant has running a nonprofit organization or a business.

SB10-ASA1,4,21 (4) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

SB10-ASA1,4,23 (5) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

SB10-ASA1,4,24 (6) The ability of the applicant to abide by the prohibitions under s. 50.593.

SB10-ASA1,5,2 50.593 Prohibitions. The department may not issue a license to, and must revoke a license of, any entity to which any of the following applies:

SB10-ASA1,5,4 (1) The entity is located within 500 feet of a public or private elementary or secondary school, including a charter school.

SB10-ASA1,5,7 (2) The dispensary distributes to a treatment team a number of plants or an amount of usable marijuana that, in the period of distribution, results in the treatment team possessing more than the maximum authorized amount.

SB10-ASA1,5,11 (3) The dispensary possesses a number of plants or an amount of usable marijuana that exceeds the combined maximum authorized amount for all of the treatment teams that use the dispensary by a number or an amount determined by the department by rule to be unacceptable.

SB10-ASA1,5,14 50.594 Licensing procedure. (1) An application for a license shall be in writing on a form provided by the department and include the licensing application fee under sub. (2) (a).

SB10-ASA1,5,15 (2) (a) A licensing application fee is $250.

SB10-ASA1,5,16 (b) The annual fee for a dispensary is $5,000.

SB10-ASA1,5,19 (3) A dispensary license is valid unless revoked. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

SB10-ASA1,5,23 50.595 Distribution of medical marijuana. (1) A dispensary may deliver or distribute tetrahydrocannabinols or drug paraphernalia to a member of a treatment team if the dispensary receives a copy of the qualifying patient's written certification or registry identification card.

SB10-ASA1,5,25 (2) A dispensary may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to deliver or distribute under sub. (1).