(c) Related charges.
A person may be charged with and a prosecutor 3
may proceed upon a complaint based upon a violation of any combination of par. (a) 4
or (b) 1., 1g.,
1m., or 2. for acts arising out of the same incident or occurrence. If the 5
person is charged with violating any combination of par. (a) or (b) 1., 1g.,
1m., or 2. 6
in the complaint, the crimes shall be joined under s. 971.12. If the person is found 7
guilty of any combination of par. (a) or (b) 1., 1g.,
1m., or 2. for acts arising out of the 8
same incident or occurrence, there shall be a single conviction for purposes of 9
sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. 10
Paragraphs (a) and (b) 1., 1g.,
1m., and 2. each require proof of a fact for conviction 11
which the others do not require.
30.681 (2) (d) 1. a. of the statutes is amended to read:
(d) 1. a. In an action under this subsection for a violation of the 14
intoxicated boating law where the defendant was operating a motorboat that is not 15
a commercial motorboat, the defendant has a defense if he or she proves by a 16
preponderance of the evidence that the injury would have occurred even if he or she 17
had been exercising due care and he or she had not been under the influence of an 18
intoxicant or did not have an alcohol concentration of 0.08 or more
19tetrahydrocannabinols concentration of 5.0 or more
or a detectable amount of a 20
restricted controlled substance in his or her blood.
30.681 (2) (d) 1. b. of the statutes is amended to read:
(d) 1. b. In an action under par. (b) 1m. that is based on the defendant 23
allegedly having a detectable amount of methamphetamine, or 24
gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol
in his or her blood, 25
the defendant has a defense if he or she proves by a preponderance of the evidence
that at the time of the incident or occurrence he or she had a valid prescription for 2
methamphetamine or one of its metabolic precursors,
acid, or delta-9-tetrahydrocannabinol
30.681 (2) (d) 1. c. of the statutes is created to read:
(d) 1. c. In an action under par. (b) 1g. that is based on the defendant 6
allegedly having a prohibited tetrahydrocannabinols concentration, the defendant 7
has a defense if he or she proves by a preponderance of the evidence that at the time 8
of the incident or occurrence he or she had a valid prescription for 9
tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
30.684 (4) of the statutes is amended to read:
30.684 (4) Admissibility; effect of test results; other evidence.
The results 12
of a chemical test required or administered under sub. (1), (2) or (3) are admissible 13
in any civil or criminal action or proceeding arising out of the acts committed by a 14
person alleged to have violated the intoxicated boating law on the issue of whether 15
the person was under the influence of an intoxicant or the issue of whether the person 16
had alcohol concentrations or tetrahydrocannabinols concentrations
at or above 17
specified levels or a detectable amount of a restricted controlled substance in his or 18
her blood. Results of these chemical tests shall be given the effect required under s. 19
885.235. This section does not limit the right of a law enforcement officer to obtain 20
evidence by any other lawful means.
30.80 (6) (d) of the statutes is amended to read:
(d) Alcohol, controlled substances or controlled substance analogs, or
In addition to any other penalty or order, a 24
person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 25
if the violation involves the operation of a motorboat, shall be ordered by the court
to submit to and comply with an assessment by an approved public treatment facility 2
for an examination of the person's use of alcohol, controlled substances or controlled 3
substance analogs, or tetrahydrocannabinols
. Intentional failure to comply with an 4
assessment ordered under this paragraph constitutes contempt of court, punishable 5
under ch. 785.
49.148 (4) (a) of the statutes is amended to read:
(a) A Wisconsin works
agency shall require a participant in 8
a community service job or transitional placement who, after August 22, 1996, was 9
convicted in any state or federal court of a felony that had as an element possession, 10
use or distribution of a controlled substance to submit to a test for use of a controlled 11
substance as a condition of continued eligibility. If the test results are positive, the 12
Wisconsin works Works
agency shall decrease the presanction benefit amount for 13
that participant by not more than 15 percent for not fewer than 12 months, or for the 14
remainder of the participant's period of participation in a community service job or 15
transitional placement, if less than 12 months. If, at the end of 12 months, the 16
individual is still a participant in a community service job or transitional placement 17
and submits to another test for use of a controlled substance and if the results of the 18
test are negative, the Wisconsin works Works
agency shall discontinue the reduction 19
under this paragraph. In this subsection, “controlled substance” does not include
20tetrahydrocannabinols in any form including tetrahydrocannabinols contained in
21marijuana, obtained from marijuana, or chemically synthesized.
49.45 (23) (g) 5. of the statutes is amended to read:
(g) 5. Require, as a condition of eligibility, that an applicant or 24
enrollee submit to a drug screening assessment and, if indicated, a drug test, as 25
specified by the department in the waiver amendment. The department may not test
1under this subdivision for tetrahydrocannabinols in any form including
2tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
49.79 (1) (b) of the statutes is amended to read:
(b) “Controlled substance" has the meaning given in 21 USC 802
6except “controlled substance” does not include tetrahydrocannabinols in any form
7including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
8or chemically synthesized
50.56 (3) of the statutes is amended to read:
Notwithstanding sub. (2), insofar as a conflict exists between this 11
subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI
, or the rules promulgated under subch. I, II or VI VII
, the provisions of this 13
subchapter and the rules promulgated under this subchapter control.
Subchapter VI of chapter 50 [precedes 50.80] of the statutes is 15
created to read:
distribution and 19
In this subchapter:
“Compassion center" means a licensed organization that grows, sells, 22
distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
“Debilitating medical condition or treatment" means any of the following:
(a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for 25
the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a 2
hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail 3
patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the 4
treatment of these conditions.
(b) A chronic or debilitating disease or medical condition or the treatment of 6
such a disease or condition that causes cachexia, severe pain, severe nausea, 7
seizures, including those characteristic of epilepsy, or severe and persistent muscle 8
spasms, including those characteristic of multiple sclerosis.
(c) Any other medical condition or any other treatment for a medical condition 10
designated as a debilitating medical condition or treatment in rules promulgated by 11
the department under s. 50.81 (2).
“Department" means the department of health services.
“Maximum medicinal amount" means 6 live marijuana plants and 3 ounces 14
of usable marijuana.
“Medical use of tetrahydrocannabinols" means any of the following:
(a) The use of tetrahydrocannabinols in any form by a qualifying patient to 17
alleviate the symptoms or effects of the qualifying patient's debilitating medical 18
condition or treatment.
(b) The acquisition, possession, cultivation, or transportation of 20
tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or 21
her use of tetrahydrocannabinols under par. (a).
(c) The acquisition, possession, cultivation, or transportation of 23
tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient, 24
the transfer of tetrahydrocannabinols in any form between a qualifying patient and 25
his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form
between persons who are primary caregivers for the same qualifying patient if all of 2
the following apply:
1. The acquisition, possession, cultivation, or transportation of 4
tetrahydrocannabinols is done to facilitate the qualifying patient's use of 5
tetrahydrocannabinols under par. (a) or (b).
2. It is not practicable for the qualifying patient to acquire, possess, cultivate, 7
or transport tetrahydrocannabinols independently, or the qualifying patient is under 8
18 years of age.
“Physician” means a person licensed under s. 448.04 (1) (a).
“Primary caregiver" means a person who is at least 18 years of age and who 11
has agreed to help a qualifying patient in his or her medical use of 12
“Qualifying patient" means a person who has been diagnosed by a physician 14
as having or undergoing a debilitating medical condition or treatment but does not 15
include a person under the age of 18 years unless all of the following apply:
(a) The person's physician has explained the potential risks and benefits of the 17
medical use of tetrahydrocannabinols to the person and to a parent, guardian, or 18
individual who has legal custody of the person.
(b) The parent, guardian, or individual who has legal custody of the person 20
provides the physician a written statement consenting to do all of the following:
1. Allow the person's medical use of tetrahydrocannabinols.
2. Serve as a primary caregiver for the person.
3. Manage the person's medical use of tetrahydrocannabinols.
“Registry identification card" has the meaning given in s. 146.44 (1) (h).
“Treatment team" means a qualifying patient and his or her primary 2
“Usable marijuana" has the meaning given in s. 139.97 (13).
“Written certification" means a statement made by a person's physician 5
if all of the following apply:
(a) The statement indicates that, in the physician's professional opinion, the 7
person has or is undergoing a debilitating medical condition or treatment and the 8
potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a) 9
would likely outweigh the health risks for the person.
(b) The statement indicates that the opinion described in par. (a) was formed 11
after a full assessment, conducted no more than 6 months prior to making the 12
statement and made in the course of a bona fide physician-patient relationship, of 13
the person's medical history and current medical condition.
(c) The statement is signed by the physician or is contained in the person's 15
(d) The statement contains an expiration date that is no more than 48 months 17
after issuance and the statement has not expired.
1850.81 Departmental powers and duties. (1)
The department shall provide 19
licensing, regulation, record keeping, and security for compassion centers.
Notwithstanding s. 227.12 (1), any person may petition the department to 21
promulgate a rule to designate a medical condition or treatment as a debilitating 22
medical condition or treatment. The department shall promulgate rules providing 23
for public notice of and a public hearing regarding any such petition, with the public 24
hearing providing persons an opportunity to comment upon the petition. After the 25
hearing, but no later than 180 days after the submission of the petition, the
department shall approve or deny the petition. The department's decision to approve 2
or deny a petition is subject to judicial review under s. 227.52.
The department shall issue licenses to a pharmacist or a 4
pharmacy to operate as a compassion center and shall decide which and how many 5
applicants for a license receive a license based on all of the following:
The ability of an applicant to provide to treatment teams a sufficient 7
amount of medical marijuana for the medical use of tetrahydrocannabinols.
The experience the applicant has running an organization or a business.
The preferences of the governing bodies with jurisdiction over the area in 10
which the applicants are located.
The ability of the applicant to keep records confidential and maintain a safe 12
and secure facility.
The ability of the applicant to abide by the prohibitions under s. 50.83.
The department may not issue a license to operate as a 15
compassion center to, and must revoke a license of, any organization to which any 16
of the following applies:
The organization is located within 500 feet of a public or private elementary 18
or secondary school, including a charter school.
The compassion center distributes to a treatment team a number of plants 20
or an amount in ounces of usable marijuana that, in the period of distribution, results 21
in the treatment team possessing more than the maximum medicinal amount.
The compassion center possesses a number of plants or an amount in ounces 23
of usable marijuana that exceeds the combined maximum medicinal amount for all 24
of the treatment teams that are estimated to use the organization by a number or an 25
amount determined by the department by rule to be unacceptable.
150.84 Licensing procedure. (1)
The application for a license must be in 2
writing on a form provided by the department and include the licensing application 3
fee under sub. (2) (a).
(a) A licensing application fee is $250.
(b) The annual fee for a compassion center is $5,000.
A compassion center license is valid until revoked. Each license shall be 7
issued only for the applicant named in the application and may not be transferred 8
950.85 Distribution of medical marijuana. (1)
A compassion center may 10
sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for 11
the storage or use of usable marijuana to a member of a treatment team if the 12
compassion center receives a copy of the qualifying patient's written certification or 13
registry identification card.
A compassion center may possess or manufacture tetrahydrocannabinols 15
or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).
A compassion center may have 2 locations, one for cultivation and one for 17
sales, distribution, or delivery.
A compassion center shall have all tetrahydrocannabinols tested for mold, 19
fungus, pesticides, and other contaminants and may not sell, distribute, or deliver 20
tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other 21
contaminants if the contaminants, or level of contaminants, are identified by the 22
testing laboratories under s. 50.86 (2) to be potentially unsafe to a qualifying 23
A compassion center may cultivate marijuana outdoors.
150.86 Testing laboratories.
The department shall register entities as 2
tetrahydrocannabinols testing laboratories. The laboratories may possess or 3
manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the 4
Test marijuana produced for the medical use of tetrahydrocannabinols for 6
potency and for mold, fungus, pesticides, and other contaminants.
Collect information on research findings and conduct research related to 8
the medical use of tetrahydrocannabinols, including research that identifies 9
potentially unsafe levels of contaminants.
Provide training to persons who hold registry identification cards or written 11
certifications, to treatment teams, and to persons employed by compassion centers 12
on the following:
(a) The safe and efficient cultivation, harvesting, packaging, labeling, and 14
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.
Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes 18
is renumbered subchapter VII (title) of chapter 50 [precedes 50.90].
51.49 (1) (d) of the statutes is amended to read:
(d) “Operating while intoxicated" means a violation of s. 346.63 (1) or, 21
(2m), or (2p)
or a local ordinance in conformity therewith or of s. 346.63 (2) or (6), 22
940.09 (1) or 940.25.
59.54 (25) (title) of the statutes is amended to read:
(title) Possession Regulation of marijuana.
59.54 (25) (a) (intro.) of the statutes is amended to read:
(a) (intro.) The board may enact and enforce an ordinance to prohibit
2the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
3s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
4is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
5an allegation of possession of more than 25 grams of marijuana, or possession of any
6amount of marijuana following a conviction in this state for possession of marijuana 7alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4.
, the subject of the complaint 8
may not be prosecuted under this subsection for the same action that is the subject 9
of the complaint unless all of the following occur:
66.0107 (1) (bm) of the statutes is amended to read: