AB440-SSA1,6,2422 20.437 (3) (r) Diversity, equity, and inclusion grants; community reinvestment
23fund supplement.
From the community reinvestment fund, the amounts in the
24schedule for diversity, equity, and inclusion grants under s. 48.47 (20).
AB440-SSA1,8 25Section 8 . 20.505 (1) (t) of the statutes is created to read:
AB440-SSA1,7,4
120.505 (1) (t) Equity grants; community reinvestment fund. From the
2community reinvestment fund, the amounts in the schedule for the purpose of
3providing grants to promote diversity and advance equity and inclusion under s.
416.282.
AB440-SSA1,9 5Section 9 . 20.566 (1) (bn) of the statutes is created to read:
AB440-SSA1,7,106 20.566 (1) (bn) Administration and enforcement of marijuana tax and
7regulation.
The amounts in the schedule for the purposes of administering the
8marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
9enforcing the taxing and regulation of marijuana producers, marijuana processors,
10and marijuana retailers under subch. IV of ch. 139.
AB440-SSA1,10 11Section 10. 20.835 (2) (eq) of the statutes is created to read:
AB440-SSA1,7,1312 20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under
13subchapter IV of chapter 139.
AB440-SSA1,11 14Section 11. 25.316 of the statutes is created to read:
AB440-SSA1,7,18 1525.316 Community reinvestment fund. There is established a separate
16nonlapsible trust fund, designated the community reinvestment fund consisting of
1760 percent of all moneys received from the taxes imposed under s. 139.971, including
18interest and penalties.
AB440-SSA1,12 19Section 12. 48.47 (20) of the statutes is created to read:
AB440-SSA1,7,2220 48.47 (20) Diversity, equity, and inclusion grants. From the appropriation
21account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities
22that promote diversity and advance equity and inclusion.
AB440-SSA1,13 23Section 13 . 49.148 (4) (a) of the statutes is amended to read:
AB440-SSA1,8,1324 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
25a community service job or transitional placement who, after August 22, 1996, was

1convicted in any state or federal court of a felony that had as an element possession,
2use or distribution of a controlled substance to submit to a test for use of a controlled
3substance as a condition of continued eligibility. If the test results are positive, the
4Wisconsin works Works agency shall decrease the presanction benefit amount for
5that participant by not more than 15 percent for not fewer than 12 months, or for the
6remainder of the participant's period of participation in a community service job or
7transitional placement, if less than 12 months. If, at the end of 12 months, the
8individual is still a participant in a community service job or transitional placement
9and submits to another test for use of a controlled substance and if the results of the
10test are negative, the Wisconsin works Works agency shall discontinue the reduction
11under this paragraph. In this subsection, “controlled substance” does not include
12tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
13marijuana, obtained from marijuana, or chemically synthesized.
AB440-SSA1,14 14Section 14 . 49.79 (1) (b) of the statutes is amended to read:
AB440-SSA1,8,1815 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
16except “controlled substance” does not include tetrahydrocannabinols in any form,
17including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
18or chemically synthesized
.
AB440-SSA1,15 19Section 15 . 59.54 (25) (title) of the statutes is amended to read:
AB440-SSA1,8,2020 59.54 (25) (title) Possession Regulation of marijuana.
AB440-SSA1,16 21Section 16 . 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB440-SSA1,9,522 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
23the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
24s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
25is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding

1an allegation of possession of more than 25 grams of marijuana, or possession of any
2amount of marijuana following a conviction in this state for possession of marijuana

3alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
4may not be prosecuted under this subsection for the same action that is the subject
5of the complaint unless all of the following occur:
AB440-SSA1,17 6Section 17 . 66.0107 (1) (bm) of the statutes is amended to read:
AB440-SSA1,9,167 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
8marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
9(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
10with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation
11of possession of more than 25 grams of marijuana, or possession of any amount of
12marijuana following a conviction in this state for possession of marijuana
alleging
13a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4.
, the subject of the complaint may not
14be prosecuted under this paragraph for the same action that is the subject of the
15complaint unless the charges are dismissed or the district attorney declines to
16prosecute the case.
AB440-SSA1,18 17Section 18 . 66.04185 of the statutes is created to read:
AB440-SSA1,9,21 1866.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
19county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
20by an individual who has no more than 6 marijuana plants at one time for his or her
21personal use.
AB440-SSA1,19 22Section 19. 73.17 of the statutes is created to read:
AB440-SSA1,9,24 2373.17 Medical marijuana registry program. (1) Definitions. In this
24section:
AB440-SSA1,9,2525 (a) “Debilitating medical condition or treatment” means any of the following:
AB440-SSA1,10,6
11. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
2the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
3inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
4hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
5patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
6treatment of these conditions.
AB440-SSA1,10,107 2. A chronic or debilitating disease or medical condition or the treatment of
8such a disease or condition that causes cachexia, severe pain, severe nausea,
9seizures, including those characteristic of epilepsy, or severe and persistent muscle
10spasms, including those characteristic of multiple sclerosis.
AB440-SSA1,10,1111 (b) “Department” means the department of revenue.
AB440-SSA1,10,1212 (c) “Physician” means a person licensed under s. 448.04 (1) (a).
AB440-SSA1,10,1513 (d) “Qualifying patient” means a person who has been diagnosed by a physician
14as having or undergoing a debilitating medical condition or treatment but does not
15include a person under the age of 18 years
AB440-SSA1,10,1716 (e) “Tax exemption certificate” means a certificate to claim the exemption under
17s. 77.54 (71).
AB440-SSA1,10,1818 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB440-SSA1,10,2019 (g) “Written certification” means means a statement made by a person's
20physician if all of the following apply:
AB440-SSA1,10,2421 1. The statement indicates that, in the physician's professional opinion, the
22person has or is undergoing a debilitating medical condition or treatment and the
23potential benefits of the person's use of usable marijuana would likely outweigh the
24health risks for the person.
AB440-SSA1,11,4
12. The statement indicates that the opinion described in subd. 1. was formed
2after a full assessment of the person's medical history and current medical condition
3that was conducted no more than 6 months prior to making the statement and that
4was made in the course of a bona fide physician-patient relationship
AB440-SSA1,11,65 3. The statement is signed by the physician or is contained in the person's
6medical records.
AB440-SSA1,11,87 4. The statement contains an expiration date that is no more than 48 months
8after issuance and the statement has not expired.
AB440-SSA1,11,11 9(2) Application. An adult who is claiming to be a qualifying patient may apply
10for a registry identification card by submitting to the department a signed
11application form containing or accompanied by all of the following:
AB440-SSA1,11,1212 (a) His or her name, address, and date of birth.
AB440-SSA1,11,1313 (b) A written certification.
AB440-SSA1,11,1514 (c) The name, address, and telephone number of the person's current physician,
15as listed in the written certification.
AB440-SSA1,11,20 16(3) Processing the application. The department shall verify the information
17contained in or accompanying an application submitted under sub. (2) and shall
18approve or deny the application within 30 days after receiving it. The department
19may deny an application submitted under sub. (2) only if the required information
20has not been provided or if false information has been provided.
AB440-SSA1,12,3 21(4) Issuing a registry identification card and tax exemption certificate. The
22department shall issue to the applicant a registry identification card and tax
23exemption certificate within 5 days after approving an application under sub. (3).
24Unless voided under sub. (5) (b) or revoked under rules issued by the department
25under sub. (7), a registry identification card and tax exemption certificate shall

1expire 4 years from the date of issuance. A tax exemption certificate shall contain
2the information determined by the department. A registry identification card shall
3contain all of the following:
AB440-SSA1,12,44 (a) The name, address, and date of birth of the registrant.
AB440-SSA1,12,55 (b) The date of issuance and expiration date of the registry identification card.
AB440-SSA1,12,66 (c) A photograph of the registrant.
AB440-SSA1,12,77 (d) Other information the department may require by rule.
AB440-SSA1,12,12 8(5) Additional information to be provided by registrant. (a) An adult
9registrant shall notify the department of any change in the registrant's name and
10address. An adult registrant who is a qualifying patient shall notify the department
11of any change in his or her physician or of any significant improvement in his or her
12health as it relates to his or her debilitating medical condition or treatment.
AB440-SSA1,12,1513 (b) If a registrant fails to notify the department within 10 days after any change
14for which notification is required under par. (a), his or her registry identification card
15and tax exemption certificate is void.
AB440-SSA1,12,16 16(6) Records. (a) The department shall maintain a list of all registrants.
AB440-SSA1,12,1917 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
18may not disclose information from an application submitted or a registry
19identification card issued under this section.
AB440-SSA1,12,2320 (c) The department may disclose to state or local law enforcement agencies
21information from an application submitted by, or from a registry identification card
22issued to, a specific person under this section for the purpose of verifying that the
23person possesses a valid registry identification card.
AB440-SSA1,12,24 24(7) Rules. The department shall promulgate rules to implement this section.
AB440-SSA1,20 25Section 20 . 77.54 (71) of the statutes is created to read:
AB440-SSA1,13,3
177.54 (71) The sales price from the sale of and the storage, use, or other
2consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
3individual who holds a valid certificate issued under s. 73.17 (4).
AB440-SSA1,21 4Section 21. 94.55 (2t) of the statutes is repealed.
AB440-SSA1,22 5Section 22 . 94.56 of the statutes is created to read:
AB440-SSA1,13,7 694.56 Marijuana producers and processors. (1) Definitions. In this
7section:
AB440-SSA1,13,108 (a) “Labor peace agreement” means an agreement between a person applying
9for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
10that does all of the following:
AB440-SSA1,13,1311 1. Prohibits labor organizations and its members from engaging in picketing,
12work stoppages, boycotts, and any other economic interference with persons doing
13business in this state.
AB440-SSA1,13,1514 2. Prohibits the applicant from disrupting the efforts of the labor organization
15to communicate with and to organize and represent the applicant's employees.
AB440-SSA1,13,1916 3. Provides the labor organization access at reasonable times to areas in which
17the applicant's employees work for the purpose of meeting with employees to discuss
18their right to representation, employment rights under state law, and terms and
19conditions of employment.
AB440-SSA1,13,2020 (b) “Marijuana" has the meaning given in s. 961.70 (3).
AB440-SSA1,13,2121 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB440-SSA1,13,2222 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB440-SSA1,13,2323 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
AB440-SSA1,13,2524 (f) “Permittee” means a marijuana producer or marijuana processor who is
25issued a permit under this section.
AB440-SSA1,14,6
1(2) Permit required. (a) No person may operate in this state as a marijuana
2producer or marijuana processor without a permit from the department. A person
3who acts as a marijuana producer and a marijuana processor shall obtain a separate
4permit for each activity. A person is not required to obtain a permit under this section
5if the person produces or processes only industrial hemp and holds a valid license
6under s. 94.55.
AB440-SSA1,14,87 (b) This subsection applies to any of the following if they hold 5 percent or more
8of the stock of any corporation applying for a permit under this section
AB440-SSA1,14,99 1. Officers of the corporation.
AB440-SSA1,14,1010 2. Directors of the corporation.
AB440-SSA1,14,1111 3. Agents of the corporation.
AB440-SSA1,14,1212 4. Stockholders of the corporation.
AB440-SSA1,14,1413 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
14not be granted to any person to whom any of the following applies:
AB440-SSA1,14,1615 1. The person has been convicted of a violent misdemeanor, as defined in s.
16941.29 (1g) (b), at least 3 times.
AB440-SSA1,14,1817 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
18(a), unless pardoned.
AB440-SSA1,14,2019 3. During the preceding 3 years, the person has been committed under s. 51.20
20for being drug dependent.
AB440-SSA1,14,2521 4. The person chronically and habitually uses alcohol beverages or other
22substances to the extent that his or her normal faculties are impaired. A person is
23presumed to chronically and habitually use alcohol beverages or other substances to
24the extent that his or her normal faculties are impaired if, within the preceding 3
25years, any of the following applies:
AB440-SSA1,15,2
1a. The person has been committed for involuntary treatment under s. 51.45
2(13).
AB440-SSA1,15,33 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB440-SSA1,15,134 c. In 2 or more cases arising out of separate incidents, a court has found the
5person to have committed a violation of s. 346.63 or a local ordinance in conformity
6with that section; a violation of a law of a federally recognized American Indian tribe
7or band in this state in conformity with s. 346.63; or a violation of the law of another
8jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
9intoxicated, while under the influence of a controlled substance, a controlled
10substance analog, or a combination thereof, with an excess or specified range of
11alcohol concentration, or while under the influence of any drug to a degree that
12renders the person incapable of safely driving, as those or substantially similar
13terms are used in that jurisdiction's laws.
AB440-SSA1,15,1514 5. The person has income that comes principally from gambling or has been
15convicted of 2 or more gambling offenses.
AB440-SSA1,15,1616 6. The person has been convicted of crimes relating to prostitution.
AB440-SSA1,15,1817 7. The person has been convicted of crimes relating to loaning money or
18anything of value to persons holding licenses or permits pursuant to ch. 125.
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