SB70-SSA2-SA4,28,2317
(1)
Community-based psychosocial services. The department of health
18services may promulgate rules, including amending rules promulgated under s.
1949.45 (30e) (b), update Medical Assistance program policies, and request any state
20plan amendment or waiver of federal Medicaid law from the federal government
21necessary to provide reimbursement to providers who are not county-based
22providers for psychosocial services provided to Medical Assistance recipients under
23s. 49.45 (30e).”.
SB70-SSA2-SA4,29,2
1“
Section
9. 20.005 (3) (schedule) of the statutes: at the appropriate place,
2insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB70-SSA2-SA4,10
3Section
10. 20.115 (7) (gc) of the statutes is amended to read:
SB70-SSA2-SA4,29,64
20.115
(7) (gc)
Industrial hemp
and marijuana. All moneys received under s.
594.55 for regulation of activities relating to industrial hemp under s. 94.55
and to
6marijuana under s. 94.56.
SB70-SSA2-SA4,11
7Section
11. 20.115 (7) (ge) of the statutes is created to read:
SB70-SSA2-SA4,30,4
120.115
(7) (ge)
Marijuana producers and processors; official logotype. All
2moneys received under s. 94.56 for regulation of activities relating to marijuana
3under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
4the creation of a logotype under s. 100.145.
SB70-SSA2-SA4,12
5Section
12. 20.435 (5) (q) of the statutes is created to read:
SB70-SSA2-SA4,30,76
20.435
(5) (q)
Payments to counties. From the community reinvestment fund,
7all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.
SB70-SSA2-SA4,13
8Section
13. 20.566 (1) (bn) of the statutes is created to read:
SB70-SSA2-SA4,30,139
20.566
(1) (bn)
Administration and enforcement of marijuana tax and
10regulation. The amounts in the schedule for the purposes of administering the
11marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
12enforcing the taxing and regulation of marijuana producers, marijuana processors,
13and marijuana retailers under subch. IV of ch. 139.
SB70-SSA2-SA4,14
14Section
14. 20.835 (2) (eq) of the statutes is created to read:
SB70-SSA2-SA4,30,1615
20.835
(2) (eq)
Marijuana tax refunds. A sum sufficient to pay refunds under
16subch. IV of ch. 139.
SB70-SSA2-SA4,30,20
1825.316 Community reinvestment fund. There is established a separate
19nonlapsible trust fund, designated the community reinvestment fund consisting of
20all moneys received under subch. IV of ch. 139, including interest and penalties.
SB70-SSA2-SA4,16
21Section
16. 49.148 (4) (a) of the statutes is amended to read:
SB70-SSA2-SA4,31,1122
49.148
(4) (a) A Wisconsin
works
Works agency shall require a participant in
23a community service job or transitional placement who, after August 22, 1996, was
24convicted in any state or federal court of a felony that had as an element possession,
25use or distribution of a controlled substance to submit to a test for use of a controlled
1substance as a condition of continued eligibility. If the test results are positive, the
2Wisconsin
works Works agency shall decrease the presanction benefit amount for
3that participant by not more than 15 percent for not fewer than 12 months, or for the
4remainder of the participant's period of participation in a community service job or
5transitional placement, if less than 12 months. If, at the end of 12 months, the
6individual is still a participant in a community service job or transitional placement
7and submits to another test for use of a controlled substance and if the results of the
8test are negative, the Wisconsin
works Works agency shall discontinue the reduction
9under this paragraph.
In this subsection, “controlled substance” does not include
10tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
11marijuana, obtained from marijuana, or chemically synthesized.
SB70-SSA2-SA4,17
12Section
17. 49.46 (1) (a) 1m. of the statutes is amended to read:
SB70-SSA2-SA4,31,1713
49.46
(1) (a) 1m. Any pregnant woman whose income does not exceed the
14standard of need under s. 49.19 (11) and whose pregnancy is medically verified.
15Eligibility continues to the last day of the month in which the 60th day or, if approved
16by the federal government, the
90th 365th day after the last day of the pregnancy
17falls.
SB70-SSA2-SA4,18
18Section
18. 49.46 (1) (j) of the statutes is amended to read:
SB70-SSA2-SA4,31,2319
49.46
(1) (j) An individual determined to be eligible for benefits under par. (a)
209. remains eligible for benefits under par. (a) 9. for the balance of the pregnancy and
21to the last day of the month in which the 60th day or, if approved by the federal
22government, the
90th 365th day after the last day of the pregnancy falls without
23regard to any change in the individual's family income.
SB70-SSA2-SA4,19
24Section
19. 49.47 (4) (ag) 2. of the statutes is amended to read:
SB70-SSA2-SA4,32,4
149.47
(4) (ag) 2. Pregnant and the woman's pregnancy is medically verified.
2Eligibility continues to the last day of the month in which the 60th day or, if approved
3by the federal government, the
90th 365th day after the last day of the pregnancy
4falls.
SB70-SSA2-SA4,20
5Section
20. 49.471 (6) (b) of the statutes is amended to read:
SB70-SSA2-SA4,32,106
49.471
(6) (b) A pregnant woman who is determined to be eligible for benefits
7under sub. (4) remains eligible for benefits under sub. (4) for the balance of the
8pregnancy and to the last day of the month in which the 60th day or, if approved by
9the federal government, the
90th 365th day after the last day of the pregnancy falls
10without regard to any change in the woman's family income.
SB70-SSA2-SA4,21
11Section
21. 49.471 (7) (b) 1. of the statutes is amended to read:
SB70-SSA2-SA4,32,2212
49.471
(7) (b) 1. A pregnant woman whose family income exceeds 300 percent
13of the poverty line may become eligible for coverage under this section if the
14difference between the pregnant woman's family income and the applicable income
15limit under sub. (4) (a) is obligated or expended for any member of the pregnant
16woman's family for medical care or any other type of remedial care recognized under
17state law or for personal health insurance premiums or for both. Eligibility obtained
18under this subdivision continues without regard to any change in family income for
19the balance of the pregnancy and to the last day of the month in which the 60th day
20or, if approved by the federal government, the
90th
365th day after the last day of the
21woman's pregnancy falls. Eligibility obtained by a pregnant woman under this
22subdivision extends to all pregnant women in the pregnant woman's family.
SB70-SSA2-SA4,22
23Section
22. 49.79 (1) (b) of the statutes is amended to read:
SB70-SSA2-SA4,33,224
49.79
(1) (b) “Controlled substance" has the meaning given in
21 USC 802 (6)
,
25except that “controlled substance” does not include tetrahydrocannabinols in any
1form, including tetrahydrocannabinols contained in marijuana, obtained from
2marijuana, or chemically synthesized.
SB70-SSA2-SA4,23
3Section
23. 59.54 (25) (title) of the statutes is amended to read:
SB70-SSA2-SA4,33,44
59.54
(25) (title)
Possession Regulation of marijuana.
SB70-SSA2-SA4,24
5Section
24. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA4,33,146
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
7the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
8s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
9is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
10an allegation of possession of more than 25 grams of marijuana, or possession of any
11amount of marijuana following a conviction in this state for possession of marijuana 12alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
13not be prosecuted under this subsection for the same action that is the subject of the
14complaint unless all of the following occur:
SB70-SSA2-SA4,25
15Section
25. 66.0107 (1) (bm) of the statutes is amended to read:
SB70-SSA2-SA4,33,2516
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
17marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
18(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
19with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
20of possession of more than 25 grams of marijuana, or possession of any amount of
21marijuana following a conviction in this state for possession of marijuana alleging
22a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be
23prosecuted under this paragraph for the same action that is the subject of the
24complaint unless the charges are dismissed or the district attorney declines to
25prosecute the case.
SB70-SSA2-SA4,34,5
266.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
3county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
4by an individual who has no more than 6 marijuana plants at one time for his or her
5personal use.
SB70-SSA2-SA4,34,8
773.17 Medical marijuana registry program. (1) Definitions. In this
8section:
SB70-SSA2-SA4,34,99
(a) “Debilitating medical condition or treatment” means any of the following:
SB70-SSA2-SA4,34,1510
1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
11the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
12inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
13hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
14patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
15treatment of these conditions.
SB70-SSA2-SA4,34,1916
2. A chronic or debilitating disease or medical condition or the treatment of
17such a disease or condition that causes cachexia, severe pain, severe nausea,
18seizures, including those characteristic of epilepsy, or severe and persistent muscle
19spasms, including those characteristic of multiple sclerosis.
SB70-SSA2-SA4,34,2020
(b) “Department” means the department of revenue.
SB70-SSA2-SA4,34,2121
(c) “Physician” means a person licensed under s. 448.04 (1) (a).
SB70-SSA2-SA4,34,2422
(d) “Qualifying patient” means a person who has been diagnosed by a physician
23as having or undergoing a debilitating medical condition or treatment but does not
24include a person under the age of 18 years.
SB70-SSA2-SA4,35,2
1(e) “Tax exemption certificate” means a certificate to claim the exemption under
2s. 77.54 (71).
SB70-SSA2-SA4,35,33
(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-SSA2-SA4,35,54
(g) “Written certification” means means a statement made by a person's
5physician if all of the following apply:
SB70-SSA2-SA4,35,96
1. The statement indicates that, in the physician's professional opinion, the
7person has or is undergoing a debilitating medical condition or treatment and the
8potential benefits of the person's use of usable marijuana would likely outweigh the
9health risks for the person.
SB70-SSA2-SA4,35,1310
2. The statement indicates that the opinion described in subd. 1. was formed
11after a full assessment of the person's medical history and current medical condition
12that was conducted no more than 6 months prior to making the statement and that
13was made in the course of a bona fide physician-patient relationship.
SB70-SSA2-SA4,35,1514
3. The statement is signed by the physician or is contained in the person's
15medical records.
SB70-SSA2-SA4,35,1716
4. The statement contains an expiration date that is no more than 48 months
17after issuance and the statement has not expired.
SB70-SSA2-SA4,35,20
18(2) Application. An adult who is claiming to be a qualifying patient may apply
19for a registry identification card by submitting to the department a signed
20application form containing or accompanied by all of the following:
SB70-SSA2-SA4,35,2121
(a) His or her name, address, and date of birth.
SB70-SSA2-SA4,35,2222
(b) A written certification.
SB70-SSA2-SA4,35,2423
(c) The name, address, and telephone number of the person's current physician,
24as listed in the written certification.
SB70-SSA2-SA4,36,5
1(3) Processing the application. The department shall verify the information
2contained in or accompanying an application submitted under sub. (2) and shall
3approve or deny the application within 30 days after receiving it. The department
4may deny an application submitted under sub. (2) only if the required information
5has not been provided or if false information has been provided.
SB70-SSA2-SA4,36,13
6(4) Issuing a registry identification card and tax exemption certificate. The
7department shall issue to the applicant a registry identification card and tax
8exemption certificate within 5 days after approving an application under sub. (3).
9Unless voided under sub. (5) (b) or revoked under rules issued by the department
10under sub. (7), a registry identification card and tax exemption certificate shall
11expire 4 years from the date of issuance. A tax exemption certificate shall contain
12the information determined by the department. A registry identification card shall
13contain all of the following:
SB70-SSA2-SA4,36,1414
(a) The name, address, and date of birth of the registrant.
SB70-SSA2-SA4,36,1515
(b) The date of issuance and expiration date of the registry identification card.
SB70-SSA2-SA4,36,1616
(c) A photograph of the registrant.
SB70-SSA2-SA4,36,1717
(d) Other information the department may require by rule.
SB70-SSA2-SA4,36,22
18(5) Additional information to be provided by registrant. (a) A registrant
19shall notify the department of any change in the registrant's name and address. A
20registrant who is a qualifying patient shall notify the department of any change in
21his or her physician or of any significant improvement in his or her health as it
22relates to his or her debilitating medical condition or treatment.
SB70-SSA2-SA4,36,2523
(b) If a registrant fails to notify the department within 10 days after any change
24for which notification is required under par. (a), his or her registry identification card
25and tax exemption certificate is void.
SB70-SSA2-SA4,37,1
1(6) Records. (a) The department shall maintain a list of all registrants.
SB70-SSA2-SA4,37,42
(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
3may not disclose information from an application submitted or a registry
4identification card issued under this section.
SB70-SSA2-SA4,37,85
(c) The department may disclose to state or local law enforcement agencies
6information from an application submitted by, or from a registry identification card
7issued to, a specific person under this section for the purpose of verifying that the
8person possesses a valid registry identification card.
SB70-SSA2-SA4,37,9
9(7) Rules. The department shall promulgate rules to implement this section.
SB70-SSA2-SA4,37,1311
77.54
(71) The sales price from the sale of and the storage, use, or other
12consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
13individual who holds a valid certificate issued under s. 73.17 (4).
SB70-SSA2-SA4,37,17
1694.56 Marijuana producers and processors. (1) Definitions. In this
17section:
SB70-SSA2-SA4,37,2018
(a) “Labor peace agreement” means an agreement between a person applying
19for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
20that does all of the following:
SB70-SSA2-SA4,37,2321
1. Prohibits labor organizations and its members from engaging in picketing,
22work stoppages, boycotts, and any other economic interference with persons doing
23business in this state.
SB70-SSA2-SA4,37,2524
2. Prohibits the applicant from disrupting the efforts of the labor organization
25to communicate with and to organize and represent the applicant's employees.
SB70-SSA2-SA4,38,4
13. Provides the labor organization access at reasonable times to areas in which
2the applicant's employees work for the purpose of meeting with employees to discuss
3their right to representation, employment rights under state law, and terms and
4conditions of employment.
SB70-SSA2-SA4,38,55
(b) “Marijuana" has the meaning given in s. 961.70 (2).
SB70-SSA2-SA4,38,66
(c) “Marijuana processor" has the meaning given in s. 139.97 (6).
SB70-SSA2-SA4,38,77
(d) “Marijuana producer” has the meaning given in s. 139.97 (7).
SB70-SSA2-SA4,38,88
(e) “Usable marijuana” has the meaning given in s. 139.97 (13).
SB70-SSA2-SA4,38,109
(f) “Permittee” means a marijuana producer or marijuana processor who is
10issued a permit under this section.
SB70-SSA2-SA4,38,19
11(2) Permit required. (a) No person may operate in this state as a marijuana
12producer or marijuana processor without a permit from the department. A person
13who acts as a marijuana producer and a marijuana processor shall obtain a separate
14permit for each activity. A permit issued under this section is not transferable from
15one person to another or from one premises to another. A separate permit is required
16for each place in this state where the operations of a marijuana producer or
17marijuana processor occur. A person is not required to obtain a permit under this
18section if the person produces or processes only industrial hemp and holds a valid
19license under s. 94.55.
SB70-SSA2-SA4,38,2220
(b) This subsection applies to all officers, directors, agents, and stockholders
21holding 5 percent or more of the stock of any corporation applying for a permit under
22this section.
SB70-SSA2-SA4,38,2423
(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
24not be granted to any person to whom any of the following applies:
SB70-SSA2-SA4,39,2
11. The person has been convicted of a violent misdemeanor, as defined in s.
2941.29 (1g) (b), at least 3 times.
SB70-SSA2-SA4,39,43
2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
4(a), unless pardoned.
SB70-SSA2-SA4,39,65
3. During the preceding 3 years, the person has been committed under s. 51.20
6for being drug dependent.
SB70-SSA2-SA4,39,117
4. The person chronically and habitually uses alcohol beverages or other
8substances to the extent that his or her normal faculties are impaired. A person is
9presumed to chronically and habitually use alcohol beverages or other substances to
10the extent that his or her normal faculties are impaired if, within the preceding 3
11years, any of the following applies: