LRB-2457/1
CMH/JK/EVM/MD/MP:kjf
2017 - 2018 LEGISLATURE
August 24, 2017 - Introduced by Representatives Sargent, Ohnstad, C. Taylor,
Crowley, Zepnick, Anderson, Stuck, Kessler, Pope, Berceau, Zamarripa,
Brostoff, Sinicki, Subeck and Bowen, cosponsored by Senators Johnson, L.
Taylor
and Larson. Referred to Committee on Criminal Justice and Public
Safety.
AB482,3,9 1An Act to repeal 23.33 (1) (jo) 5., 30.50 (10m) (e), 340.01 (50m) (e), 350.01 (10v)
2(e), 885.235 (1) (d) 5., 939.22 (33) (e), 961.14 (4) (t), 961.41 (1) (h), 961.41 (1m)
3(h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7., 961.571 (1) (a) 11. e., 961.571
4(1) (a) 11. k. and L. and 967.055 (1m) (b) 5.; to renumber 30.681 (1) (bn) and
5subchapter VI (title) of chapter 50 [precedes 50.90]; to renumber and amend
623.33 (4c) (a) 5., 30.681 (1) (d), 108.133 (1) (a), 115.35 (1), 346.63 (1) (d), 350.101
7(1) (e), 961.01 (14) and 961.34; to amend 20.435 (6) (jm), 23.33 (1) (jo) 1., 23.33
8(4c) (a) 4., 23.33 (4c) (b) 3., 23.33 (4c) (b) 4. a., 23.33 (4c) (b) 4. b., 23.33 (4p) (d),
923.33 (13) (b) 1., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (e), 30.50 (10m) (a),
1030.681 (1) (b) (title), 30.681 (1) (bn) (title), 30.681 (1) (c), 30.681 (2) (b) (title),
1130.681 (2) (c), 30.681 (2) (d) 1. a., 30.681 (2) (d) 1. b., 30.684 (4), 30.80 (6) (d),
1249.148 (4) (a), 49.45 (23) (g) 1. e., 49.79 (1) (b), 50.56 (3), 51.49 (1) (d), 59.54 (25)
13(title), 59.54 (25) (a) (intro.), 66.0107 (1) (bm), 111.35 (2) (e), 146.40 (1) (bo),
14146.81 (1) (L), 146.997 (1) (d) 18., 289.33 (3) (d), 340.01 (50m) (a), 343.10 (5) (a)

11., 343.10 (5) (a) 2., 343.12 (7) (a) 11., 343.16 (2) (b), 343.16 (5) (a), 343.30 (1p),
2343.30 (1q) (h), 343.305 (2), 343.305 (3) (a), 343.305 (3) (am), 343.305 (3) (ar) 1.,
3343.305 (3) (b), 343.305 (5) (b), 343.305 (5) (d), 343.305 (7) (a), 343.305 (8) (b)
42. bm., 343.305 (8) (b) 2. d., 343.305 (8) (b) 4m. a., 343.305 (8) (b) 5. b., 343.305
5(8) (b) 6. b., 343.305 (9) (a) 5. a., 343.305 (9) (am) 5. a., 343.305 (9) (am) 5. c.,
6343.305 (9) (d), 343.305 (10) (em), 343.307 (1) (d), 343.307 (2) (e), 343.31 (1) (am),
7343.31 (2), 343.315 (2) (a) 2., 343.315 (2) (a) 5., 343.315 (2) (a) 6., 343.315 (2) (bm)
82., 343.32 (2) (bj), 344.576 (2) (b), 346.63 (1) (b), 346.63 (2) (a) 2., 346.63 (2) (b)
91., 346.63 (2) (b) 2., 346.65 (2m) (a), 346.65 (2q), 349.02 (2) (b) 4., 349.03 (2m),
10349.06 (1m), 350.01 (10v) (a), 350.101 (1) (d), 350.101 (2) (c), 350.101 (2) (d) 1.,
11350.101 (2) (d) 2., 350.104 (4), 350.11 (3) (d), 609.83, 767.41 (5) (am) (intro.),
12767.451 (5m) (a), 885.235 (1) (d) 1., 885.235 (1g) (intro.), 885.235 (1m), 885.235
13(4), 895.047 (3) (a), 905.04 (4) (f), 939.22 (33) (a), 940.09 (1m) (a), 940.09 (1m)
14(b), 940.09 (2) (a), 940.09 (2) (b), 940.25 (1m), 940.25 (2), 941.20 (1) (bm), 961.38
15(1n) (a), 961.41 (1r), 961.41 (3g) (c), 961.41 (3g) (d), 961.41 (3g) (em), 961.47 (1),
16961.48 (3), 961.48 (5), 961.49 (1m) (intro.), 961.571 (1) (a) 11. (intro.), 967.055
17(1) (a), 967.055 (1) (b), 967.055 (1m) (b) 1., 967.055 (2) (a), 971.365 (1) (a),
18971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); and to create 20.435 (1) (jm),
1920.566 (1) (bn), 23.33 (1) (k), 23.33 (4c) (a) 2g., 23.33 (4c) (a) 3g., 23.33 (4c) (b)
202n., 30.50 (13p), 30.681 (1) (b) 1g., 30.681 (1) (bn) 2., 30.681 (2) (b) 1g.,
21subchapter VI of chapter 50 [precedes 50.80], 66.0414, 94.55, 108.02 (18r),
22108.04 (5m), 108.133 (1) (a) 2., 111.32 (9m), 111.32 (11m), 115.35 (1) (a) 6., 121.02
23(1) (L) 7., subchapter IV (title) of chapter 139 [precedes 139.97], 139.97,
24139.971, 139.972, 139.973, 139.974, 139.975, 139.976, 139.977, 139.978,
25139.979, 139.980, 146.44, 340.01 (66m), 343.305 (5) (dm), 346.63 (2p), 350.01

1(21g), 350.101 (1) (bg), 350.101 (1) (cg), 350.101 (2) (bg), 632.895 (16p), 767.41
2(5) (d), 767.451 (5m) (d), 885.235 (1) (e), 885.235 (1g) (ag), 885.235 (1g) (cg),
3885.235 (1L), 939.22 (39g), 940.09 (1) (bg), 940.09 (1) (dg), 940.09 (1g) (bg),
4940.09 (1g) (dg), 940.25 (1) (bg), 940.25 (1) (dg), 941.20 (1) (bg) and subchapter
5VIII of chapter 961 [precedes 961.70] of the statutes; relating to: marijuana
6possession, regulation of marijuana distribution and cultivation, medical
7marijuana, operating a motor vehicle while under the influence of marijuana,
8making appropriations, requiring the exercise of rule-making authority, and
9providing criminal penalties.
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 bill changes state law so that state law permits both
recreational use of marijuana and medical use of marijuana.
With respect to recreational use of marijuana, this bill changes state law to
permit a Wisconsin resident who is at least 21 to possess no more than two ounces
of marijuana and to permit a nonresident of Wisconsin who is at least 21 to possess
no more than one-quarter ounce of marijuana. Generally, a person who possesses
more than the maximum amount he or she is allowed to possess, but not more than
28 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or
imprisonment not to exceed 90 days or both. A person who possesses more than 28
grams of marijuana is guilty of a Class B misdemeanor, except that, if the person
takes action to hide the amount of marijuana he or she has and the person has in
place a security system to alert him or her to the presence of law enforcement, a
method of intimidation, or a trap that could injure or kill a person approaching the
area containing the marijuana, the person is guilty of a Class I felony. This bill also
eliminates the prohibition on possessing or using drug paraphernalia that relates to
marijuana consumption.
This bill prohibits the sale of marijuana for recreational use via mail, telephone,
or Internet. A person who violates this prohibition is guilty of a Class A
misdemeanor. This bill prohibits the use of marijuana in public. A person who
violates this prohibition is subject to a civil forfeiture of not more than $100.
This bill also creates a process by which a person may obtain a permit to
produce, process, or sell marijuana for recreational use and pay an excise tax for the

privilege of doing business in this state. Under this bill, a person who does not have
a permit to sell marijuana may not sell, distribute, or transfer marijuana, or possess
marijuana with the intent to sell or distribute it. A person who violates the
prohibition is guilty of a Class I felony except that the felony classification increases
to a Class H felony if the person sells, distributes, or transfers the marijuana to a
person who is under the age of 21 (minor) and the person is at least three years older
than the minor. This bill prohibits a permittee from selling, distributing, or
transferring marijuana to a minor and from permitting a minor to be on premises for
which a permit is issued. If a permittee violates one of those prohibitions, the
permittee may be subject to a civil forfeiture of not more than $500 and the permit
may be suspended for up to 30 days. Under this bill, a minor who does any of the
following is subject to a forfeiture of not less than $250 nor more than $500: procures
or attempts to procure marijuana from a permittee; falsely represents his or her age
to receive marijuana from a permittee; knowingly possesses marijuana for
recreational use; or knowingly enters any premises for which a permit has been
issued without being accompanied by his or her parent, guardian, or spouse who is
at least 21 years of age.
In addition, under this bill, a person who cultivates more than six marijuana
plants at one time is required to have a permit. A person without a permit who
cultivates more than six plants at one time but not more than 12, is subject to a civil
forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both. If the
person cultivates more than 12 plants at one time, the person is guilty of a Class B
misdemeanor, except that, if the person takes action to hide the number of plants he
or she has and the person has in place a security system to alert him or her to the
presence of law enforcement, a method of intimidation, or a trap that could injure or
kill a person approaching the area containing the plants, the person is guilty of a
Class I felony.
With respect to the medical use of marijuana, this bill changes state law to
permit a person to use marijuana for medical use to alleviate the symptoms or effects
of a debilitating medical condition or treatment. A person's primary caregiver also
may acquire, possess, cultivate, or transport marijuana for a person suffering from
a debilitating medical condition or treatment if it is not practicable for the person to
acquire, possess, cultivate, or transport marijuana independently or the person is
under the age of 18.
The bill requires the Department of Health Services to establish a registry for
persons who use marijuana for medical use. Under the bill, a person may apply for
a registry identification card by submitting to DHS a signed application, a written
certification by the person's physician that the person has or is undergoing a
debilitating medical condition or treatment and that the potential benefits of the
person's use of tetrahydrocannabinols would likely outweigh the health risks for the
person, and a registration fee of not more than $150. DHS must verify the
information and issue the person a registry identification card. A registry
identification card is generally valid for four years and may be renewed. 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. This
bill also requires DHS to promulgate a rule listing other jurisdictions that allow the
medical use of marijuana by a visiting person or allow a person to assist with a
person's medical use of marijuana. This bill treats documents issued by these
entities the same as registry identification cards issued by DHS.
The bill also requires DHS to license and regulate compassion centers to
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 person more than six live marijuana plants and three ounces of usable marijuana
(maximum medicinal amount), and prohibits a compassion center from possessing
a quantity that exceeds, by an amount determined by DHS, the total maximum
medicinal amount of marijuana of all of the persons 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. This bill also requires DHS to register entities as
tetrahydrocannabinols-testing laboratories. The laboratories must test marijuana
for contaminants; research findings on the use of medical marijuana; and provide
training on safe and efficient cultivation, harvesting, packaging, labeling, and
distribution of marijuana, security and inventory accountability, and research on
medical marijuana.
Under current law, a person may not operate a vehicle with a detectable amount
of a restricted controlled substance, which includes delta-9-tetrahydrocannabinol
(THC), in his or her blood, regardless of impairment. Penalties for violating this
provision increase with the number of violations. Under this bill, a person may not
operate a vehicle with a THC concentration of 5.0 ng/mL or more, instead of a
detectable amount, in his or her blood. This bill does not change the penalty
structure.
Under the fair employment law, no employer or other person may engage in any
act of employment discrimination against any individual on the basis of the
individual's use or nonuse of lawful products off the employer's premises during
nonworking hours, subject to certain exceptions, one of which is if the use impairs
the individual's ability to undertake adequately the job-related responsibilities of
that individual's employment. The bill specifically defines marijuana as a lawful
product for purposes of the fair employment law, such that no person may engage in
any act of employment discrimination against an individual due to the individual's
use of marijuana off the employer's premises during nonworking hours, subject to
those exceptions.
Under current law, an individual may be disqualified from receiving
unemployment insurance benefits if he or she is terminated due to misconduct or
substantial fault. The bill specifically provides that an employee's use of marijuana
off the employer's premises during nonworking hours does not constitute misconduct
or substantial fault, unless termination for that use is permitted under one of the
exceptions under the fair employment law. Also under current law, the Department
of Workforce Development must establish a program to test claimants who apply for

UI benefits for the presence of controlled substances, as defined under federal law.
If a claimant tests positive for a controlled substance, the claimant may be denied
UI benefits, subject to certain exceptions and limitations. The bill excludes THC for
purposes of this testing requirement. As such, under the bill, an individual who tests
positive for THC may not be denied UI benefits.
The bill exempts THC including marijuana from drug testing for certain public
assistance program. Currently, a participant in a community service job or
transitional placement under the Wisconsin Works program (W2) or a recipient of
the FoodShare program, also known as the food stamp program, who is convicted of
possession, use, or distribution of a controlled substance must submit to a test for
controlled substances as a condition of continued eligibility. DHS is currently
required to request a waiver of federal Medicaid law to require drug screening and
testing as a condition of eligibility for the childless adult demonstration project in the
Medical Assistance program. Current law also requires DHS to promulgate rules to
develop and implement a drug screening, testing, and treatment policy for
able-bodied adults without dependents in the FoodShare employment and training
program. The bill exempts THC from all of those drug testing requirements and
programs. In addition, because THC is not a controlled substance under state law
under the bill, the requirement under current law that the Department of Children
and Families promulgate rules to create a controlled substance abuse screening and
testing requirement for applicants for the work experience program for noncustodial
parents under W2 and the Transform Milwaukee Jobs and Transitional Jobs
programs does not include THC.
The bill requires health insurance policies, known in the bill as disability
insurance policies, and self-insured health plans of the state or of a county, city, town,
village, or school district that provides coverage of prescription drugs and devices to
provide coverage for the medical use of tetrahydrocannabinols in accordance with
requirements specified in the bill and any equipment or supplies necessary for the
medical use of tetrahydrocannabinols. The coverage of the medical use of
tetrahydrocannabinols may be subject under the policy or plan only to the exclusions,
limitations, and cost-sharing provisions that apply generally to the coverage of
prescription drugs or devices under the policy or plan.
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.
This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.
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:
AB482,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
AB482,2 3Section 2. 20.435 (1) (jm) of the statutes is created to read:
AB482,7,64 20.435 (1) (jm) Licensing and support services for compassion centers. All
5moneys received under s. 50.84 to regulate and license compassion centers under
6subch. VII of ch. 50.
AB482,3 7Section 3. 20.435 (6) (jm) of the statutes is amended to read:
AB482,8,58 20.435 (6) (jm) Licensing and support services. The amounts in the schedule
9for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm),
10and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and
11(5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and
12146.40 (4r) (b) and (er), and subch. VI VII of ch. 50 and to conduct health facilities
13plan and rule development activities, for accrediting nursing homes, convalescent
14homes, and homes for the aged, to conduct capital construction and remodeling plan
15reviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing
16or certifying, and approving facilities, issuing permits, and providing technical
17assistance, that are not specified under any other paragraph in this subsection. All
18moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025,
1950.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and

150.981, all moneys received from fees for the costs of inspecting, licensing or
2certifying, and approving facilities, issuing permits, and providing technical
3assistance, that are not specified under any other paragraph in this subsection, and
4all moneys received under s. 50.135 (2) shall be credited to this appropriation
5account.
AB482,4 6Section 4. 20.566 (1) (bn) of the statutes is created to read:
AB482,8,117 20.566 (1) (bn) Administration and enforcement of marijuana tax and
8regulation.
The amounts in the schedule for the purposes of administering the
9marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
10enforcing the taxing and regulation of marijuana producers, marijuana processors,
11and marijuana retailers under subch. IV of ch. 139.
AB482,5 12Section 5. 23.33 (1) (jo) 1. of the statutes is amended to read:
AB482,8,1413 23.33 (1) (jo) 1. A controlled substance included in schedule I under ch. 961
14other than a tetrahydrocannabinol.
AB482,6 15Section 6. 23.33 (1) (jo) 5. of the statutes is repealed.
AB482,7 16Section 7. 23.33 (1) (k) of the statutes is created to read:
AB482,8,1817 23.33 (1) (k) “Tetrahydrocannabinols concentration" means the number of
18nanograms of tetrahydrocannabinols per milliliter of blood.
AB482,8 19Section 8. 23.33 (4c) (a) 2g. of the statutes is created to read:
AB482,8,2320 23.33 (4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or
21above specified levels.' No person may engage in the operation of an all-terrain
22vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols
23concentration of 5.0 or more.
AB482,9 24Section 9. 23.33 (4c) (a) 3g. of the statutes is created to read:
AB482,9,5
123.33 (4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at
2specified levels; below age 21.' If a person has not attained the age of 21, the person
3may not engage in the operation of an all-terrain vehicle or utility terrain vehicle
4while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less
5than 5.0.
AB482,10 6Section 10. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB482,9,157 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
8prosecutor may proceed upon a complaint based upon a violation of any combination
9of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If
10the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the
11offenses shall be joined. If the person is found guilty of any combination of subd. 1.,
122., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be
13a single conviction for purposes of sentencing and for purposes of counting
14convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require
15proof of a fact for conviction which the others do not require.
AB482,11 16Section 11. 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a.
17and amended to read:
AB482,9,2418 23.33 (4c) (a) 5. a. In an action under subd. 2m. that is based on the defendant
19allegedly having a detectable amount of methamphetamine, or
20gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
21the defendant has a defense if he or she proves by a preponderance of the evidence
22that at the time of the incident or occurrence he or she had a valid prescription for
23methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
24acid, or.
AB482,10,6
1b. In an action under subd. 2g. or 3g. that is based on the defendant allegedly
2having a prohibited tetrahydrocannabinols concentration, the defendant has a
3defense if he or she proves by a preponderance of the evidence that at the time of the
4incident or occurrence he or she had a valid prescription for
5delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
650.80 (6)
.
AB482,12 7Section 12. 23.33 (4c) (b) 2n. of the statutes is created to read:
AB482,10,118 23.33 (4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols
9concentration at or above specified levels.' No person who has a
10tetrahydrocannabinols concentration of 5.0 or more may cause injury to another
11person by the operation of an all-terrain vehicle or utility terrain vehicle.
AB482,13 12Section 13. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB482,10,2213 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
14prosecutor may proceed upon a complaint based upon a violation of any combination
15of subd. 1., 2., or 2m., or 2n. for acts arising out of the same incident or occurrence.
16If the person is charged with violating any combination of subd. 1., 2., or 2m., or 2n.
17in the complaint, the crimes shall be joined under s. 971.12. If the person is found
18guilty of any combination of subd. 1., 2., or 2m. , or 2n. for acts arising out of the same
19incident or occurrence, there shall be a single conviction for purposes of sentencing
20and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
211., 2., and 2m., and 2n. each require proof of a fact for conviction which the others do
22not require.
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