Amendment ASA1-AB740

LRBs0215/2

CMH:cjs:rs

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 740

November 4, 2005 - Offered by Representative Underheim.

AB740-ASA1,1,9 An Act to renumber 961.01 (1); to renumber and amend 59.54 (25) and 968.20 (1); to amend 59.54 (25m), 60.23 (21), 66.0107 (1) (bm), 173.12 (1m), 289.33 (3) (d), 349.02 (2) (b) 4., 961.555 (2) (a), 961.56 (1), 968.20 (3) (a) and 968.20 (3) (b); and to create 20.435 (5) (h), 59.54 (25) (b) 2., 59.54 (25) (b) 3., 146.45, 961.01 (1g), 961.01 (5m), 961.01 (11v), 961.01 (14g), 961.01 (19m), 961.01 (20hm), 961.01 (20ht), 961.01 (20t), 961.01 (21g), 961.436, 961.555 (2) (e), 961.555 (2m), 961.5755, 968.073, 968.12 (5), 968.20 (1d) and 968.20 (1j) of the statutes; relating to: medical use of marijuana, requiring the exercise of rule-making authority, providing a penalty, and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB740-ASA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB740-ASA1, s. 2 Section 2. 20.435 (5) (h) of the statutes is created to read:

AB740-ASA1,2,5 20.435 (5) (h) Medical marijuana registry. The amounts in the schedule for the costs of the medical marijuana registry program under s. 146.45. All moneys received from fees collected under s. 146.45 (2) (d) shall be credited to this appropriation.

AB740-ASA1, s. 3 Section 3. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended to read:

AB740-ASA1,2,17 59.54 (25) (a) The board may enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection. Any ordinance enacted under this paragraph shall provide a person who is prosecuted under it with the defenses that the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e).

AB740-ASA1,3,5 (b) 1. Any ordinance enacted under this subsection par. (a) by a county with a population of less than 500,000 does not apply in any municipality that has enacted an ordinance prohibiting the possession of marijuana. Any ordinance enacted under this subsection par. (a) by a county with a population of 500,000 or more applies in every municipality within the county.

AB740-ASA1, s. 4 Section 4. 59.54 (25) (b) 2. of the statutes is created to read:

AB740-ASA1,3,9 59.54 (25) (b) 2. A person may not be prosecuted under an ordinance enacted under par. (a) if, under s. 968.073 (2), the person would not be subject to prosecution under s. 961.41 (3g) (e).

AB740-ASA1, s. 5 Section 5. 59.54 (25) (b) 3. of the statutes is created to read:

AB740-ASA1,3,14 59.54 (25) (b) 3. No person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state may be prosecuted under an ordinance enacted under par. (a).

AB740-ASA1, s. 6 Section 6. 59.54 (25m) of the statutes is amended to read:

AB740-ASA1,3,25 59.54 (25m) Drug paraphernalia. The board of a county with a population of 500,000 or more may enact an ordinance to prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted under this subsection shall provide a person prosecuted under it with the defenses that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted under this subsection if, under s. 968.073 (3), the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1). The board may enforce an ordinance enacted under this subsection in any municipality within the county.

AB740-ASA1, s. 7 Section 7. 60.23 (21) of the statutes is amended to read:

AB740-ASA1,4,8 60.23 (21) Drug paraphernalia. Adopt an ordinance to prohibit conduct that is the same as that prohibited by s. 961.573 (2), 961.574 (2) or 961.575 (2). Any ordinance enacted under this subsection shall provide a person prosecuted under it with the defenses that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted under this subsection if, under s. 968.073 (3), the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).

AB740-ASA1, s. 8 Section 8. 66.0107 (1) (bm) of the statutes is amended to read:

AB740-ASA1,4,21 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to this paragraph and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any. Any ordinance enacted under this paragraph shall provide a person prosecuted under it with the defenses that the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not be prosecuted under an ordinance enacted under this paragraph if, under s. 968.073 (2), the person would not be subject to prosecution under s. 961.41 (3g) (e). No person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not may be prosecuted under this paragraph.

AB740-ASA1, s. 9 Section 9. 146.45 of the statutes is created to read:

AB740-ASA1,4,24 146.45 Medical marijuana registry program. (1) Definitions. In this section:

AB740-ASA1,5,2 (a) "Applicant" means a person who is applying for a registry identification card under sub. (2) (a).

AB740-ASA1,5,4 (b) "Debilitating medical condition or treatment" has the meaning given in s. 961.01 (5m).

AB740-ASA1,5,6 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

AB740-ASA1,5,7 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).

AB740-ASA1,5,8 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

AB740-ASA1,5,10 (f) "Registrant" means a person to whom a registry identification card is issued under sub. (4).

AB740-ASA1,5,13 (g) "Registry identification card" means a document issued by the department under this section that identifies a person as a qualifying patient or primary caregiver.

AB740-ASA1,5,15 (h) "Written certification" means a statement made by a person's physician if all of the following apply:

AB740-ASA1,5,20 1. The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of tetrahydrocannabinols in the manner described under s. 961.01 (14g) (a) would likely outweigh the health risks for the person.

AB740-ASA1,5,23 2. The statement indicates that the opinion described in subd. 1. was formed after a full assessment, made in the course of a bona fide physician-patient relationship, of the person's medical history and current medical condition.

AB740-ASA1,5,25 3. The statement is signed by the physician or is contained in the person's medical records.

AB740-ASA1,6,3 (2) Application. (a) An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

AB740-ASA1,6,4 1. His or her name, address, and date of birth.

AB740-ASA1,6,5 2. A written certification.

AB740-ASA1,6,7 3. The name, address, and telephone number of the person's current physician, as listed in the written certification.

AB740-ASA1,6,14 (b) A qualifying patient who is an adult and who has been issued a registry identification card under sub. (4) or an applicant may jointly apply with another adult to the department for a registry identification card for the other adult, designating him or her as a primary caregiver for the qualifying patient or the applicant. Both persons who jointly apply for a registry identification card under this paragraph shall sign the application form, which shall contain the name, address, and date of birth of the individual applying to be registered as a primary caregiver.

AB740-ASA1,6,18 (c) The department shall promulgate rules specifying how a parent, guardian, or person having legal custody of a child may apply for a registry identification card for himself or herself and for the child and the circumstances under which the department may approve or deny the application.

AB740-ASA1,6,22 (d) The department may charge a fee for the application for or the issuance of a registry identification card. The amount of the fee may not exceed the cost of the materials or services provided. All fees received shall be credited to the appropriation account under s. 20.435 (5) (h).

AB740-ASA1,7,3 (3) Processing the application. The department shall verify the information contained in or accompanying an application submitted under sub. (2) and shall approve or deny the application within 30 days after receiving it. Except as provided in sub. (2) (c), the department may deny an application submitted under sub. (2) only if the required information has not been provided or if false information has been provided.

AB740-ASA1,7,9 (4) Issuing a registry identification card. The department shall issue a registry identification card within 5 days after approving an application under sub. (3). Unless voided under sub. (5) (b) 2. or (c) or revoked under rules issued by the department under sub. (7) (d), a registry identification card shall expire one year from the date of issuance. A registry identification card shall contain all of the following:

AB740-ASA1,7,12 (a) The name, address, and date of birth of the registrant and the name, address, and date of birth of the primary caregivers, if the registrant is a qualifying patient, or of the qualifying patient, if the registrant is a primary caregiver.

AB740-ASA1,7,13 (b) The date of issuance and expiration date of the registry identification card.

AB740-ASA1,7,14 (c) A photograph of the registrant.

AB740-ASA1,7,15 (d) Other information that the department may require by rule.

AB740-ASA1,7,22 (5) Additional information to be provided by registrant. (a) 1. An adult registrant shall notify the department of any change in the registrant's name and address. An adult registrant who is a qualifying patient shall notify the department of any change in his or her physician, of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment, and if a registered primary caregiver no longer assists the registrant with the medical use of tetrahydrocannabinols.

AB740-ASA1,8,2 2. If a qualifying patient is a child, a primary caregiver for the child shall provide the department with any information that the child, if he or she were an adult, would have to provide under subd. 1. within 10 days after the date of the change to which the information relates.

AB740-ASA1,8,5 (b) 1. If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a) 1., or the registrant may be fined not more than $150.

AB740-ASA1,8,11 2. If a qualifying patient notifies the department that he or she no longer has a debilitating medical condition or treatment, the department shall void his or her registry identification card. If a qualifying patient notifies the department that a registered primary caregiver no longer assists him or her with the medical use of tetrahydrocannabinols, the department shall void the registry identification card of the primary caregiver.

AB740-ASA1,8,15 (c) If a qualifying patient's registry identification card becomes void under par. (b) 2., the registry identification card for each of the qualifying patient's primary caregivers is void. The department shall send written notice of this fact to each such primary caregiver.

AB740-ASA1,8,16 (6) Records. (a) The department shall maintain a list of all registrants.

AB740-ASA1,8,19 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not disclose information from an application submitted or a registry identification card issued under this section.

AB740-ASA1,8,23 (c) The department may disclose to a state or local law enforcement agency information from an application submitted by, or from a registry identification card issued to, a specific person under this section, for the purpose of verifying that the person possesses a valid registry identification card.

AB740-ASA1,9,3 (6m) Judicial review. A department's decision to deny, revoke, void, or fail to renew a registry identification card under this section is subject to judicial review under s. 227.52.

AB740-ASA1,9,7 (7) Rules. No later than 90 days after the effective date of this subsection .... (revisor inserts date), the department shall promulgate rules to implement this section, including the rules required under sub. (2) (c) and rules doing all of the following:

AB740-ASA1,9,8 (a) Creating forms for applications to be used under sub. (2).

AB740-ASA1,9,10 (b) Specifying how the department will verify the truthfulness of information submitted on an application under sub. (2).

AB740-ASA1,9,12 (c) Specifying how and under what circumstances registry identification cards may be renewed.

AB740-ASA1,9,14 (d) Specifying how and under what changed circumstances a registry identification card may be revoked.

AB740-ASA1,9,16 (e) Specifying under what circumstances a person whose application for a registry identification card is denied may reapply.

AB740-ASA1, s. 10 Section 10. 173.12 (1m) of the statutes is amended to read:

AB740-ASA1,9,24 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1) (1f), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

AB740-ASA1, s. 11 Section 11. 289.33 (3) (d) of the statutes is amended to read:

AB740-ASA1,10,17 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.

AB740-ASA1, s. 12 Section 12. 349.02 (2) (b) 4. of the statutes is amended to read:

AB740-ASA1,10,20 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m), 60.23 (21), or 66.0107 (1) (bm).

AB740-ASA1, s. 13 Section 13. 961.01 (1) of the statutes is renumbered 961.01 (1m).

AB740-ASA1, s. 14 Section 14. 961.01 (1g) of the statutes is created to read:

AB740-ASA1,10,24 961.01 (1g) "Adequate supply" means an amount of tetrahydrocannabinols that does not exceed what would be contained in 2.5 ounces of usable marijuana.

AB740-ASA1, s. 15 Section 15. 961.01 (5m) of the statutes is created to read:

AB740-ASA1,11,2 961.01 (5m) "Debilitating medical condition or treatment" means any of the following:

AB740-ASA1,11,5 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV, or the treatment of any of these conditions.