Amendment ASA1-SB10

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 10

March 7, 2017 - Offered by Representatives C. Taylor, Sinicki, Ohnstad, Stuck, Brostoff, Bowen, Goyke, Riemer, Genrich, Berceau, Wachs, Shankland, Zamarripa and Anderson.

SB10-ASA1,2,2 An Act to renumber and amend 961.55 (8) and 968.19; to amend 59.54 (25) (a) (intro.), 59.54 (25m), 66.0107 (1) (bm), 66.0107 (1) (bp), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1m) (h), 234.29, 289.33 (3) (d), 349.02 (2) (b) 4., 767.41 (5) (am) (intro.), 767.451 (5m) (a), 961.555 (2) (a), 961.56 (1) and 968.20 (1g) (intro.); and to create 20.435 (1) (gq), 20.435 (1) (jm), subchapter IV of chapter 50 [precedes 50.59], 59.54 (25) (c), 66.0414, 146.44, 767.41 (5) (d), 767.451 (5m) (d), 961.01 (3), 961.01 (5m), 961.01 (11v), 961.01 (12v), 961.01 (14c), 961.01 (14g), 961.01 (17k), 961.01 (19m), 961.01 (20hm), 961.01 (20ht), 961.01 (20t), 961.01 (21f), 961.01 (21t), 961.436, 961.55 (8) (b), 961.55 (8) (c), 961.55 (8) (d), 961.555 (2) (e), 961.555 (2m), 961.5755, 968.072, 968.12 (6), 968.19 (2) and 968.20 (1j) of the statutes; relating to: medical use of marijuana, the regulation of marijuana distribution entities, requiring the exercise of rule-making authority, making appropriations, 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 substitute amendment 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 substitute amendment 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 substitute amendment, DHS must establish a registry for persons who use marijuana for medical use. Under the substitute amendment, 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 substitute amendment, DHS also must license and regulate dispensaries to facilitate the medical use of marijuana. This substitute amendment 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 substitute amendment requires DHS to promulgate rules to allow entities to grow marijuana and distribute marijuana to dispensaries. This substitute amendment also requires DHS to register entities as tetrahydrocannabinols-testing laboratories.

This substitute amendment 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.

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

SB10-ASA1,1 Section 1. 20.435 (1) (gq) of the statutes is created to read:

SB10-ASA1,3,4 20.435 (1) (gq) Medical marijuana registry. All moneys received as fees under s. 146.44 (2) (a) 4., for the purposes of the Medical Marijuana Registry Program under s. 146.44.

SB10-ASA1,2 Section 2 . 20.435 (1) (jm) of the statutes is created to read:

SB10-ASA1,3,8 20.435 (1) (jm) Licensing and support services for dispensaries. All moneys received under s. 50.594 to license and regulate dispensaries, and to register laboratories, under subch. IV of ch. 50.

SB10-ASA1,3 Section 3 . Subchapter IV of chapter 50 [precedes 50.59] of the statutes is created to read:

SB10-ASA1,3,11 CHAPTER 50

SB10-ASA1,3,12 SUBCHAPTER IV

SB10-ASA1,3,13 Distribution and testing Centers

SB10-ASA1,3,14 50.59 Definitions. In this subchapter:

SB10-ASA1,3,18 (1) “Dispensary" means an entity licensed under s. 50.592 that cultivates, acquires, manufactures, possesses, delivers, transfers, transports, sells, or dispenses marijuana, paraphernalia, or related supplies and educational materials to treatment teams and other dispensaries.

SB10-ASA1,3,19 (2) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

SB10-ASA1,3,21 (3) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB10-ASA1,4,1 (4) “Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB10-ASA1,4,2 (5) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB10-ASA1,4,3 (6) “Treatment team" has the meaning given in s. 961.01 (20t).

SB10-ASA1,4,4 (7) “Usable marijuana" has the meaning given in s. 961.01 (21f).

SB10-ASA1,4,5 (8) “Written certification" has the meaning given in s. 961.01 (21t).

SB10-ASA1,4,7 50.591 Departmental powers and duties. (1) The department shall provide licensing, regulation, record keeping, and security for dispensaries.

SB10-ASA1,4,11 (2) The department shall promulgate rules allowing entities to grow marijuana and distribute marijuana to dispensaries, developing security guidelines for the entities, and regulating such entities. The rules may not include limits on the amount of marijuana the entities grow for, or sell to, dispensaries.

SB10-ASA1,4,14 50.592 Licensing. The department shall issue licenses to operate as a dispensary and shall decide which and how many applicants for a license receive a license based on all of the following:

SB10-ASA1,4,15 (1) Convenience to treatment teams and the preferences of treatment teams.

SB10-ASA1,4,17 (2) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

SB10-ASA1,4,19 (3) The experience the applicant has running a nonprofit organization or a business.

SB10-ASA1,4,21 (4) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

SB10-ASA1,4,23 (5) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

SB10-ASA1,4,24 (6) The ability of the applicant to abide by the prohibitions under s. 50.593.

SB10-ASA1,5,2 50.593 Prohibitions. The department may not issue a license to, and must revoke a license of, any entity to which any of the following applies:

SB10-ASA1,5,4 (1) The entity is located within 500 feet of a public or private elementary or secondary school, including a charter school.

SB10-ASA1,5,7 (2) The dispensary distributes to a treatment team a number of plants or an amount of usable marijuana that, in the period of distribution, results in the treatment team possessing more than the maximum authorized amount.

SB10-ASA1,5,11 (3) The dispensary possesses a number of plants or an amount of usable marijuana that exceeds the combined maximum authorized amount for all of the treatment teams that use the dispensary by a number or an amount determined by the department by rule to be unacceptable.

SB10-ASA1,5,14 50.594 Licensing procedure. (1) An application for a license shall be in writing on a form provided by the department and include the licensing application fee under sub. (2) (a).

SB10-ASA1,5,15 (2) (a) A licensing application fee is $250.

SB10-ASA1,5,16 (b) The annual fee for a dispensary is $5,000.

SB10-ASA1,5,19 (3) A dispensary license is valid unless revoked. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

SB10-ASA1,5,23 50.595 Distribution of medical marijuana. (1) A dispensary may deliver or distribute tetrahydrocannabinols or drug paraphernalia to a member of a treatment team if the dispensary receives a copy of the qualifying patient's written certification or registry identification card.

SB10-ASA1,5,25 (2) A dispensary may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to deliver or distribute under sub. (1).

SB10-ASA1,6,4 (2m) An entity operating under rules promulgated under s. 50.591 (2) may possess tetrahydrocannabinols, possess or manufacture tetrahydrocannabinols with the intent to deliver or distribute to a dispensary, or deliver or distribute marijuana to a dispensary.

SB10-ASA1,6,6 (3) A dispensary may have 2 locations, one for cultivation and one for distribution.

SB10-ASA1,6,11 (4) A dispensary shall have all tetrahydrocannabinols tested for mold, fungus, pesticides, and other contaminants and may not distribute tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other contaminants if the contaminants, or level of contaminants, are identified by the testing laboratories under s. 50.596 (2) to be potentially unsafe to a qualifying patient's health.

SB10-ASA1,6,13 (5) A dispensary or an entity operating under rules promulgated under s. 50.591 (2) may cultivate marijuana, including cultivating marijuana outdoors.

SB10-ASA1,6,17 50.596 Testing laboratories. The department shall register entities as tetrahydrocannabinols-testing laboratories. The laboratories may possess or manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the following services:

SB10-ASA1,6,19 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

SB10-ASA1,6,21 (2) Research findings related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

SB10-ASA1,6,25 (3) Provide training to persons who hold registry identification cards, treatment teams, persons employed by dispensaries, and entities that grow and distribute marijuana, as provided by rules promulgated under s. 50.591 (2), on the following:

SB10-ASA1,7,2 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

SB10-ASA1,7,3 (b) Security and inventory accountability procedures.

SB10-ASA1,7,4 (c) The most recent research on the medical use of tetrahydrocannabinols.

SB10-ASA1,4 Section 4 . 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB10-ASA1,7,16 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to par. (c) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that if. 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). If a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana, the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

SB10-ASA1,5 Section 5 . 59.54 (25) (c) of the statutes is created to read:

SB10-ASA1,7,20 59.54 (25) (c) A person may not be prosecuted under an ordinance enacted under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to prosecution under s. 961.41 (3g) (e).

SB10-ASA1,6 Section 6. 59.54 (25m) of the statutes is amended to read:

SB10-ASA1,8,6 59.54 (25m) Drug paraphernalia. The board 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. 968.072 (3) or (4) (b), 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.

SB10-ASA1,7 Section 7 . 66.0107 (1) (bm) of the statutes is amended to read:

SB10-ASA1,8,18 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance ; except that if. 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). If a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana, the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

SB10-ASA1,8 Section 8. 66.0107 (1) (bp) of the statutes is amended to read:

SB10-ASA1,9,2 66.0107 (1) (bp) Enact and enforce 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 paragraph 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 paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).

SB10-ASA1,9 Section 9 . 66.0414 of the statutes is created to read:

SB10-ASA1,9,6 66.0414 Cultivation of tetrahydrocannabinols. No village, town, city, or county may enact or enforce an ordinance or a resolution that prohibits cultivating tetrahydrocannabinols outdoors if the cultivation is by one of the following:

SB10-ASA1,9,7 (1) A dispensary, as defined in s. 50.59 (1).

SB10-ASA1,9,10 (2) A person who is cultivating tetrahydrocannabinols for the medical use of tetrahydrocannabinols, as defined in s. 961.01 (14g), if the amount does not exceed the maximum authorized amount, as defined in s. 961.01 (14c).

SB10-ASA1,9,12 (3) An entity that is growing marijuana for distribution as permitted under rules promulgated under s. 50.591 (2).

SB10-ASA1,10 Section 10 . 66.1201 (2m) of the statutes is amended to read:

SB10-ASA1,9,22 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB10-ASA1,11 Section 11 . 66.1213 (3) of the statutes is amended to read:

SB10-ASA1,9,25 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB10-ASA1,12 Section 12 . 66.1301 (2m) of the statutes is amended to read:

SB10-ASA1,10,17 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB10-ASA1,13 Section 13 . 66.1331 (2m) of the statutes is amended to read:

SB10-ASA1,11,2 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB10-ASA1,14 Section 14 . 66.1333 (3) (e) 2. of the statutes is amended to read:

SB10-ASA1,11,11 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation, ; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), ; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB10-ASA1,15 Section 15 . 106.50 (1m) (h) of the statutes is amended to read: