2017 - 2018 LEGISLATURE
February 20, 2017 - Introduced by Representatives C. Taylor, Hintz, Shankland,
Genrich, Berceau, Anderson, Pope, Goyke, Doyle, Crowley, Hebl, Sinicki,
Ohnstad, Sargent, Subeck, Zepnick, Brostoff, Bowen, Zamarripa and
Spreitzer, cosponsored by Senators Erpenbach, L. Taylor, Johnson, Miller,
Hansen, C. Larson, Vinehout and Shilling. Referred to Committee on
1An Act to renumber and amend
961.55 (8) and 968.19; to amend
59.54 (25) 2
(a) (intro.), 59.54 (25m), 66.0107 (1) (bm), 66.0107 (1) (bp), 66.1201 (2m), 3
66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1m) (h), 4
234.29, 289.33 (3) (d), 349.02 (2) (b) 4., 767.41 (5) (am) (intro.), 767.451 (5m) (a), 5
961.555 (2) (a), 961.56 (1) and 968.20 (1g) (intro.); and to create
20.435 (1) (gq), 6
20.435 (1) (jm), subchapter IV of chapter 50 [precedes 50.59], 59.54 (25) (c), 7
66.0414, 146.44, 767.41 (5) (d), 767.451 (5m) (d), 961.01 (3), 961.01 (5m), 961.01 8
(11v), 961.01 (12v), 961.01 (14c), 961.01 (14g), 961.01 (17k), 961.01 (19m), 9
961.01 (20hm), 961.01 (20ht), 961.01 (20t), 961.01 (21f), 961.01 (21t), 961.436, 10
961.55 (8) (b), 961.55 (8) (c), 961.55 (8) (d), 961.555 (2) (e), 961.555 (2m), 11
961.5755, 968.072, 968.12 (6), 968.19 (2) and 968.20 (1j) of the statutes; 12relating to: medical use of marijuana, the regulation of marijuana distribution
1entities, requiring the exercise of rule-making authority, making
2appropriations, 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 bill 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
bill 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 bill, DHS must establish a registry for persons who use marijuana
for medical use. Under the bill, 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 bill, DHS also must license and regulate dispensaries to facilitate the
medical use of marijuana. This bill 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 bill requires DHS to promulgate rules to allow entities to grow marijuana
and distribute marijuana to dispensaries. This bill also requires DHS to register
entities as tetrahydrocannabinols-testing laboratories.
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.
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:
20.435 (1) (gq) of the statutes is created to read:
(gq) Medical marijuana registry.
All moneys received as fees under 3
s. 146.44 (2) (a) 4., for the purposes of the Medical Marijuana Registry Program under 4
20.435 (1) (jm) of the statutes is created to read:
(jm) Licensing and support services for dispensaries.
All moneys 7
received under s. 50.594 to license and regulate dispensaries, and to register 8
laboratories, under subch. IV of ch. 50.
Subchapter IV of chapter 50 [precedes 50.59] of the statutes is 10
created to read:
Distribution and testing Centers
In this subchapter:
“Dispensary" means an entity licensed under s. 50.592 that cultivates, 16
acquires, manufactures, possesses, delivers, transfers, transports, sells, or dispenses 17
marijuana, paraphernalia, or related supplies and educational materials to 18
treatment teams and other dispensaries.
“Maximum authorized amount" has the meaning given in s. 961.01 (14c).
“Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 21
“Qualifying patient" has the meaning given in s. 961.01 (20hm).
“Registry identification card" has the meaning given in s. 146.44 (1) (g).
“Treatment team" has the meaning given in s. 961.01 (20t).
“Usable marijuana" has the meaning given in s. 961.01 (21f).
“Written certification" has the meaning given in s. 961.01 (21t).
650.591 Departmental powers and duties. (1)
The department shall 7
provide licensing, regulation, record keeping, and security for dispensaries.
The department shall promulgate rules allowing entities to grow marijuana 9
and distribute marijuana to dispensaries, developing security guidelines for the 10
entities, and regulating such entities. The rules may not include limits on the 11
amount of marijuana the entities grow for, or sell to, dispensaries.
The department shall issue licenses to operate as a 13
dispensary and shall decide which and how many applicants for a license receive a 14
license based on all of the following:
Convenience to treatment teams and the preferences of treatment teams.
The ability of an applicant to provide to treatment teams a sufficient 17
amount of medical marijuana for the medical use of tetrahydrocannabinols.
The experience the applicant has running a nonprofit organization or a 19
The preferences of the governing bodies with jurisdiction over the area in 21
which the applicants are located.
The ability of the applicant to keep records confidential and maintain a safe 23
and secure facility.
The ability of the applicant to abide by the prohibitions under s. 50.593.
The department may not issue a license to, and must 2
revoke a license of, any entity to which any of the following applies:
The entity is located within 500 feet of a public or private elementary or 4
secondary school, including a charter school.
The dispensary distributes to a treatment team a number of plants or an 6
amount of usable marijuana that, in the period of distribution, results in the 7
treatment team possessing more than the maximum authorized amount.
The dispensary possesses a number of plants or an amount of usable 9
marijuana that exceeds the combined maximum authorized amount for all of the 10
treatment teams that use the dispensary by a number or an amount determined by 11
the department by rule to be unacceptable.
1250.594 Licensing procedure. (1)
An application for a license shall be in 13
writing on a form provided by the department and include the licensing application 14
fee under sub. (2) (a).
(a) A licensing application fee is $250.
(b) The annual fee for a dispensary is $5,000.
A dispensary license is valid unless revoked. Each license shall be issued 18
only for the applicant named in the application and may not be transferred or 19
2050.595 Distribution of medical marijuana. (1)
A dispensary may deliver 21
or distribute tetrahydrocannabinols or drug paraphernalia to a member of a 22
treatment team if the dispensary receives a copy of the qualifying patient's written 23
certification or registry identification card.
A dispensary may possess or manufacture tetrahydrocannabinols or drug 25
paraphernalia with the intent to deliver or distribute under sub. (1).
An entity operating under rules promulgated under s. 50.591 (2) may 2
possess tetrahydrocannabinols, possess or manufacture tetrahydrocannabinols with 3
the intent to deliver or distribute to a dispensary, or deliver or distribute marijuana 4
to a dispensary.
A dispensary may have 2 locations, one for cultivation and one for 6
A dispensary shall have all tetrahydrocannabinols tested for mold, fungus, 8
pesticides, and other contaminants and may not distribute tetrahydrocannabinols 9
that test positive for mold, fungus, pesticides, or other contaminants if the 10
contaminants, or level of contaminants, are identified by the testing laboratories 11
under s. 50.596 (2) to be potentially unsafe to a qualifying patient's health.
A dispensary or an entity operating under rules promulgated under s. 13
50.591 (2) may cultivate marijuana, including cultivating marijuana outdoors.
1450.596 Testing laboratories.
The department shall register entities as 15
tetrahydrocannabinols-testing laboratories. The laboratories may possess or 16
manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the 17
Test marijuana produced for the medical use of tetrahydrocannabinols for 19
potency and for mold, fungus, pesticides, and other contaminants.
Research findings related to the medical use of tetrahydrocannabinols, 21
including research that identifies potentially unsafe levels of contaminants.
Provide training to persons who hold registry identification cards, 23
treatment teams, persons employed by dispensaries, and entities that grow and 24
distribute marijuana, as provided by rules promulgated under s. 50.591 (2), on the 25
(a) The safe and efficient cultivation, harvesting, packaging, labeling, and 2
distribution of marijuana for the medical use of tetrahydrocannabinols.
(b) Security and inventory accountability procedures.
(c) The most recent research on the medical use of tetrahydrocannabinols.
59.54 (25) (a) (intro.) of the statutes is amended to read:
(a) (intro.) The board may enact and enforce an ordinance to prohibit 7
the possession of marijuana, as defined in s. 961.01 (14), subject to par. (c) and
exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the 9
ordinance; except that if. Any ordinance enacted under this paragraph shall provide
10a person who is prosecuted under it with the defenses that the person has under s.
11961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint 12
is issued regarding an allegation of possession of more than 25 grams of marijuana, 13
or possession of any amount of marijuana following a conviction in this state for 14
possession of marijuana, the subject of the complaint may not be prosecuted under 15
this subsection for the same action that is the subject of the complaint unless all of 16
the following occur:
59.54 (25) (c) of the statutes is created to read:
(c) A person may not be prosecuted under an ordinance enacted 19
under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to 20
prosecution under s. 961.41 (3g) (e).
59.54 (25m) of the statutes is amended to read:
59.54 (25m) Drug paraphernalia.
The board may enact an ordinance to 23
prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 24
(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance. 25Any ordinance enacted under this subsection shall provide a person prosecuted
1under it with the defenses that the person has under s. 961.5755 to prosecutions
2under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
3under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
4the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
The board may enforce an ordinance enacted under this subsection in 6
any municipality within the county.
66.0107 (1) (bm) of the statutes is amended to read:
(bm) Enact and enforce an ordinance to prohibit the possession of 9
marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) 10
(intro.), and provide a forfeiture for a violation of the ordinance
; except that if. Any
11ordinance enacted under this paragraph shall provide a person who is prosecuted
12under it with the defenses that the person has under s. 961.436 to prosecutions under
13s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint is issued regarding an allegation 14
of possession of more than 25 grams of marijuana, or possession of any amount of 15
marijuana following a conviction in this state for possession of marijuana, the subject 16
of the complaint may not be prosecuted under this paragraph for the same action that 17
is the subject of the complaint unless the charges are dismissed or the district 18
attorney declines to prosecute the case.
66.0107 (1) (bp) of the statutes is amended to read:
(bp) Enact and enforce an ordinance to prohibit conduct that is the 21
same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or 22
(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
23under this paragraph shall provide a person prosecuted under it with the defenses
24that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
25(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
1under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
2to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
66.0414 of the statutes is created to read:
466.0414 Cultivation of tetrahydrocannabinols.
No village, town, city, or 5
county may enact or enforce an ordinance or a resolution that prohibits cultivating 6
tetrahydrocannabinols outdoors if the cultivation is by one of the following: