AB482,21,2522 (b) The statement indicates that the opinion described in par. (a) was formed
23after a full assessment, conducted no more than 6 months prior to making the
24statement and made in the course of a bona fide physician-patient relationship, of
25the person's medical history and current medical condition.
AB482,22,2
1(c) The statement is signed by the physician or is contained in the person's
2medical records.
AB482,22,43 (d) The statement contains an expiration date that is no more than 48 months
4after issuance and the statement has not expired.
AB482,22,6 550.81 Departmental powers and duties. (1) The department shall provide
6licensing, regulation, record keeping, and security for compassion centers.
AB482,22,14 7(2) Notwithstanding s. 227.12 (1), any person may petition the department to
8promulgate a rule to designate a medical condition or treatment as a debilitating
9medical condition or treatment. The department shall promulgate rules providing
10for public notice of and a public hearing regarding any such petition, with the public
11hearing providing persons an opportunity to comment upon the petition. After the
12hearing, but no later than 180 days after the submission of the petition, the
13department shall approve or deny the petition. The department's decision to approve
14or deny a petition is subject to judicial review under s. 227.52.
AB482,22,17 1550.82 Licensing. The department shall issue licenses to a pharmacist or a
16pharmacy to operate as a compassion center and shall decide which and how many
17applicants for a license receive a license based on all of the following:
AB482,22,19 18(1) The ability of an applicant to provide to treatment teams a sufficient
19amount of medical marijuana for the medical use of tetrahydrocannabinols.
AB482,22,20 20(2) The experience the applicant has running an organization or a business.
AB482,22,22 21(3) The preferences of the governing bodies with jurisdiction over the area in
22which the applicants are located.
AB482,22,24 23(4) The ability of the applicant to keep records confidential and maintain a safe
24and secure facility.
AB482,22,25 25(5) The ability of the applicant to abide by the prohibitions under s. 50.83.
AB482,23,3
150.83 Prohibitions. The department may not issue a license to operate as a
2compassion center to, and must revoke a license of, any organization to which any
3of the following applies:
AB482,23,5 4(1) The organization is located within 500 feet of a public or private elementary
5or secondary school, including a charter school.
AB482,23,8 6(2) The compassion center distributes to a treatment team a number of plants
7or an amount in ounces of usable marijuana that, in the period of distribution, results
8in the treatment team possessing more than the maximum medicinal amount.
AB482,23,12 9(3) The compassion center possesses a number of plants or an amount in ounces
10of usable marijuana that exceeds the combined maximum medicinal amount for all
11of the treatment teams that are estimated to use the organization by a number or an
12amount determined by the department by rule to be unacceptable.
AB482,23,15 1350.84 Licensing procedure. (1) The application for a license must be in
14writing on a form provided by the department and include the licensing application
15fee under sub. (2) (a).
AB482,23,16 16(2) (a) A licensing application fee is $250.
AB482,23,1717 (b) The annual fee for a compassion center is $5,000.
AB482,23,20 18(3) A compassion center license is valid until revoked. Each license shall be
19issued only for the applicant named in the application and may not be transferred
20or assigned.
AB482,23,25 2150.85 Distribution of medical marijuana. (1) A compassion center may
22sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for
23the storage or use of usable marijuana to a member of a treatment team if the
24compassion center receives a copy of the qualifying patient's written certification or
25registry identification card.
AB482,24,2
1(2) A compassion center may possess or manufacture tetrahydrocannabinols
2or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).
AB482,24,4 3(3) A compassion center may have 2 locations, one for cultivation and one for
4sales, distribution, or delivery.
AB482,24,10 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. 50.86 (2) to be potentially unsafe to a qualifying
10patient's health.
AB482,24,11 11(5) A compassion center may cultivate marijuana outdoors.
AB482,24,15 1250.86 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:
AB482,24,17 16(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
17potency and for mold, fungus, pesticides, and other contaminants.
AB482,24,20 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.
AB482,24,23 21(3) Provide training to persons who hold registry identification cards or written
22certifications, treatment teams, and persons employed by compassion centers on the
23following:
AB482,24,2524 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
25distribution of marijuana for the medical use of tetrahydrocannabinols.
AB482,25,1
1(b) Security and inventory accountability procedures.
AB482,25,22 (c) The most recent research on the medical use of tetrahydrocannabinols.
AB482,43 3Section 43. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes
4is renumbered subchapter VII (title) of chapter 50 [precedes 50.90].
AB482,44 5Section 44. 51.49 (1) (d) of the statutes is amended to read:
AB482,25,86 51.49 (1) (d) “Operating while intoxicated" means a violation of s. 346.63 (1) or,
7(2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
8940.09 (1) or 940.25.
AB482,45 9Section 45. 59.54 (25) (title) of the statutes is amended to read:
AB482,25,1010 59.54 (25) (title) Possession Regulation of marijuana.
AB482,46 11Section 46. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB482,25,2012 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
13the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
14s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
15is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
16an allegation of possession of more than 25 grams of marijuana, or possession of any
17amount of marijuana following a conviction in this state for possession of marijuana

18alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
19may not be prosecuted under this subsection for the same action that is the subject
20of the complaint unless all of the following occur:
AB482,47 21Section 47. 66.0107 (1) (bm) of the statutes is amended to read:
AB482,26,622 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
23marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
24(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
25with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation

1of possession of more than 25 grams of marijuana, or possession of any amount of
2marijuana following a conviction in this state for possession of marijuana
alleging
3a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4.
, the subject of the complaint may not
4be prosecuted under this paragraph for the same action that is the subject of the
5complaint unless the charges are dismissed or the district attorney declines to
6prosecute the case.
AB482,48 7Section 48. 66.0414 of the statutes is created to read:
AB482,26,10 866.0414 Cultivation of tetrahydrocannabinols. No village, town, city, or
9county may enact or enforce an ordinance or a resolution that prohibits cultivating
10tetrahydrocannabinols outdoors if the cultivation is by one of the following:
AB482,26,11 11(1) A compassion center, as defined in s. 50.80 (1).
AB482,26,14 12(2) A person who is cultivating tetrahydrocannabinols for the medical use of
13tetrahydrocannabinols, as defined in s. 50.80 (4), if the amount does not exceed the
14maximum medicinal amount, as defined in s. 50.80 (3).
AB482,26,16 15(3) An individual who has no more than 6 marijuana plants at one time for his
16or her personal use.
AB482,49 17Section 49. 94.55 of the statutes is created to read:
AB482,26,19 1894.55 Marijuana producers and processors. (1) Definitions. In this
19section:
AB482,26,2020 (a) “Marijuana" has the meaning given in s. 961.70 (3).
AB482,26,2121 (b) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB482,26,2222 (c) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB482,26,2323 (d) “Usable marijuana” has the meaning given in s. 139.97 (12).
AB482,26,2524 (e) “Permittee” means a marijuana producer or processor who is issued a permit
25under this section.
AB482,27,9
1(2) Permit required. (a) No person may operate in this state as a marijuana
2producer or marijuana processor without a permit from the department. A person
3who acts as a marijuana producer and a marijuana processor shall obtain a separate
4permit for each activity. Each person who applies for a permit under this section
5shall submit with the application a $250 fee. A permit issued under this section is
6valid for one year and may be renewed, except that the department may revoke or
7suspend a permit prior to its expiration. A person is not entitled to a refund of the
8fees paid under this subsection if the person's permit is denied, revoked, or
9suspended.
AB482,27,1310 (b) A permittee shall annually pay to the department a fee for as long as the
11person holds a valid permit under this section. The annual fee for a marijuana
12processor permittee is $2,000. The annual fee for a marijuana producer permittee
13is one of the following, unless the department, by rule, establishes a higher amount:
AB482,27,1514 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
15marijuana plants, $1,800.
AB482,27,1716 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
17not more than 3,600 marijuana plants, $2,900.
AB482,27,1918 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
19not more than 6,000 marijuana plants, $3,600.
AB482,27,2120 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
21not more than 10,200 marijuana plants, $5,100.
AB482,27,2322 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
23marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
AB482,28,3
1(c) This subsection applies to all officers, directors, agents, and stockholders
2holding 5 percent or more of the stock of any corporation applying for a permit under
3this section.
AB482,28,54 (d) Subject to ss. 111.321, 111.322, and 111.335, no permit under this section
5may be granted to any person to whom any of the following applies:
AB482,28,76 1. The person has been convicted of a violent misdemeanor, as defined in s.
7941.29 (1g) (b), at least 3 times.
AB482,28,98 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
9(a), unless pardoned.
AB482,28,1110 3. During the preceding 3 years, the person has been committed under s. 51.20
11for being drug dependent.
AB482,28,1612 4. The person chronically and habitually uses alcohol beverages or other
13substances to the extent that his or her normal faculties are impaired. A person is
14presumed to chronically and habitually use alcohol beverages or other substances to
15the extent that his or her normal faculties are impaired if, within the preceding 3
16years, any of the following applies:
AB482,28,1817 a. The person has been committed for involuntary treatment under s. 51.45
18(13).
AB482,28,1919 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB482,29,420 c. In 2 or more cases arising out of separate incidents, a court has found the
21person to have committed a violation of s. 346.63 or a local ordinance in conformity
22with that section; a violation of a law of a federally recognized American Indian tribe
23or band in this state in conformity with s. 346.63; or a violation of the law of another
24jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
25intoxicated, while under the influence of a controlled substance, a controlled

1substance analog, or a combination thereof, with an excess or specified range of
2alcohol concentration, or while under the influence of any drug to a degree that
3renders the person incapable of safely driving, as those or substantially similar
4terms are used in that jurisdiction's laws.
AB482,29,65 5. The person has income which comes principally from gambling or has been
6convicted of 2 or more gambling offenses.
AB482,29,77 6. The person has been guilty of crimes relating to prostitution.
AB482,29,98 7. The person has been guilty of crimes relating to loaning money or anything
9of value to persons holding licenses or permits pursuant to ch. 125.
AB482,29,1010 8. The person is under the age of 21.
AB482,29,1211 9. The person has not been a resident of this state continuously for at least 90
12days prior to the application date.
AB482,29,1913 (e) 1. Before the department issues a new or renewed permit under this section,
14the department shall give notice of the permit application to the governing body of
15the municipality where the the permit applicant intends to operate as a marijuana
16producer or marijuana processor. No later than 30 days after the department
17submits the notice, the governing body of the municipality may file with the
18department a written objection to granting or renewing the permit. At the
19municipality's request, the department may extend the period for filing objections.
AB482,30,720 2. A written objection filed under subd. 1. shall provide all the facts on which
21the objection is based. In determining whether to grant or deny a permit for which
22an objection has been filed under this paragraph, the department shall give
23substantial weight to objections from a municipality based on chronic illegal activity
24associated with the premises for which the applicant seeks a permit, the premises
25of any other operation in this state for which the applicant holds or has held a valid

1permit or license, the conduct of the applicant's patrons inside or outside the
2premises of any other operation in this state for which the applicant holds or has held
3a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
4illegal activity" means a pervasive pattern of activity that threatens the public
5health, safety, and welfare of the municipality, including any crime or ordinance
6violation, and is documented in crime statistics, police reports, emergency medical
7response data, calls for service, field data, or similar law enforcement agency records.
AB482,30,128 (f) After denying a permit, the department shall immediately notify the
9applicant in writing of the denial and the reasons for the denial. After making a
10decision to grant or deny a permit for which a municipality has filed an objection
11under par. (e), the department shall immediately notify the governing body of the
12municipality in writing of its decision and the reasons for the decision.
AB482,30,1413 (g) 1. The department's denial of a permit under this section is subject to
14judicial review under ch. 227.
AB482,30,1615 2. The department's decision to grant a permit under this section regardless of
16an objection filed under par. (e) is subject to judicial review under ch. 227.
AB482,30,1817 (h) The department shall not issue a permit under this section to any person
18who does not hold a valid certificate under s. 73.03 (50).
AB482,30,21 19(3) Schools. The department may not issue a permit under this section to
20operate as a marijuana producer within 500 feet of the perimeter of the grounds of
21any elementary or secondary school.
AB482,31,2 22(4) Education. The department shall develop and make available training
23programs for marijuana producers on how to safely and efficiently plant, grow,
24cultivate, harvest, and otherwise handle marijuana, and for marijuana processors

1on how to safely and efficiently produce and handle marijuana products and test
2marijuana for contaminants.
AB482,31,5 3(5) Rules. The department shall promulgate rules necessary to administer and
4enforce this section, including rules relating to the inspection of the plants, facilities,
5and products of permittees.
AB482,31,9 6(6) Penalties. (a) Any person who violates the requirements under sub. (2) or
7(3) or any of the requirements established by the rules promulgated under sub. (5)
8shall be fined not less than $100 nor more than $500 or imprisoned not more than
96 months or both.
AB482,31,1310 (b) In addition to the penalties imposed under par. (a), the department shall
11revoke the permit of any person convicted of any violation described under par. (a)
12and not issue another permit to that person for a period of 2 years following the
13revocation.
AB482,50 14Section 50. 108.02 (18r) of the statutes is created to read:
AB482,31,1515 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
AB482,51 16Section 51. 108.04 (5m) of the statutes is created to read:
AB482,31,2117 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
18“misconduct," for purposes of sub. (5), does not include the employee's use of
19marijuana off the employer's premises during nonworking hours or a violation of the
20employer's policy concerning such use, unless termination of the employee because
21of that use is permitted under s. 111.35.
AB482,31,2522 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
23not include the employee's use of marijuana off the employer's premises during
24nonworking hours or a violation of the employer's policy concerning such use, unless
25termination of the employee because of that use is permitted under s. 111.35.
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