The bill also prohibits the arrest or prosecution of a person who acquires,
possesses, cultivates, transports, or uses marijuana to alleviate the symptoms or
effects of his or her debilitating medical condition or treatment or, as a primary
caregiver, acquires, possesses, cultivates, or transports marijuana to facilitate the
qualifying patient's medical use of it, if the person has a valid registry identification
card from DHFS. This prohibition applies also to offenses involving drug
paraphernalia if the qualifying patient uses the drug paraphernalia for the medical
use of marijuana. This prohibition, however, applies only if no more than a
reasonable amount of marijuana is involved. In addition, the bill prohibits the arrest
or prosecution of or the imposition of any penalty on a physician who provides a
written certification to a person in good faith. (See Registry for medical users of
marijuana
below.)
The defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill do not apply if the person possesses or attempts to
possess marijuana under the following circumstances: 1) the person drives or
operates a motor vehicle while under the influence of marijuana; 2) while under the
influence of marijuana, the person operates heavy machinery or engages in any other
conduct that endangers the health or well-being of another person; 3) the person
smokes marijuana on a bus, at the person's workplace, on school premises, in an
adult or juvenile correctional facility or jail, at a public park, beach, or recreation
center, or at a youth center; or 4) the person has been convicted of distributing or
delivering, or possessing with the intent to distribute and deliver, marijuana to
another person. In addition, if the putative qualifying patient is under 18 years of
age, the defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill apply only if the person's parent, guardian, or legal
custodian agrees to serve as a primary caregiver for the person.
Registry for medical users of marijuana
The bill requires DHFS to establish a registry for medical users of marijuana.
Under the bill, a person claiming to be a qualifying patient may apply for a registry
identification card by submitting to DHFS a signed application, accompanied by a
statement from his or her physician documenting that the person has or is
undergoing a debilitating medical condition or treatment and that the potential
benefits to the person of using marijuana outweigh the health risks involved (a

"written certification"). DHFS must then verify the information. If it is complete and
correct, DHFS must issue the person a registry identification card. A qualifying
patient and one of his or her primary caregivers may also jointly apply for a registry
identification card for the primary caregiver. DHFS may not disclose that it has
issued to a person a registry identification card, or information from an application
for one, except to a law enforcement agency for the purpose of verifying that a person
possesses a valid registry identification card. A registry identification card is valid
for one year, unless revoked sooner by DHFS based on a change of circumstances, and
may be renewed. DHFS may not charge a fee for issuing a registry identification
card.
Registered marijuana distribution organizations
The bill authorizes certain nonprofit corporations to deliver or distribute
tetrahydrocannabinols or drug paraphernalia or possess or manufacture them with
the intent to deliver or distribute them to facilitate the medical use of marijuana.
Such an organization may deliver or distribute marijuana or drug paraphernalia to
a qualifying patient or a qualifying patient's primary caregiver only to facilitate the
qualifying patient's medical use of marijuana. A nonprofit corporation is eligible to
engage in these activities if it is organized for the purpose of manufacturing,
delivering, distributing, or possessing marijuana, drug paraphernalia, and
educational materials to facilitate the medical use of marijuana. It may not employ
or utilize the services of any person who has been convicted of a drug offense or obtain
marijuana from outside the state in violation of federal law. The organization must
register annually with DHFS.
Study
This bill requires the Board of Regents of the University of Wisconsin System
to conduct a study on the medical use of smokable marijuana using randomized,
controlled trials and to deposit any private funding for the study into the general
fund to offset the amount appropriated for the study.
Effect on federal law
This bill changes only state law regarding marijuana. Federal law generally
prohibits persons from manufacturing, delivering, or possessing marijuana and
applies to both intrastate and interstate violations.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB892, s. 1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB892, s. 2 3Section 2. 20.285 (1) (fw) of the statutes is created to read:
AB892,5,54 20.285 (1) (fw) Medical use of marijuana study. The amounts in the schedule
5for the study under s. 36.25 (47).
AB892, s. 3 6Section 3. 36.25 (47) of the statutes is created to read:
AB892,5,127 36.25 (47) Medical use of marijuana study. Beginning no later than July 1,
82004, the board shall conduct a study on the medical use of smokable marijuana
9using randomized, controlled trials. The board may use funds appropriated under
10s. 20.285 (1) (fw) for the study under this subsection. If the board receives any private
11funds for the study under this subsection, the board shall deposit those funds into
12the general fund.
AB892, s. 4 13Section 4. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended
14to read:
AB892,6,515 59.54 (25) (a) The board may enact and enforce an ordinance to prohibit the
16possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to
17par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a
18violation of the ordinance; except that any person who is charged with possession of
19more than 25 grams of marijuana, or who is charged with possession of any amount

1of marijuana following a conviction for possession of marijuana, in this state shall
2not be prosecuted under this subsection
. Any ordinance enacted under this
3paragraph shall provide a person who is prosecuted under it with the defenses that
4the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
5(3g) (e).
AB892,6,8 6(b) 1. Any ordinance enacted under this subsection par. (a) does not apply in
7any municipality that has enacted an ordinance prohibiting the possession of
8marijuana.
AB892, s. 5 9Section 5. 59.54 (25) (b) 2. of the statutes is created to read:
AB892,6,1210 59.54 (25) (b) 2. A person may not be prosecuted under an ordinance enacted
11under par. (a) if, under s. 968.073 (2), the person would not be subject to prosecution
12under s. 961.41 (3g) (e).
AB892, s. 6 13Section 6. 59.54 (25) (b) 3. of the statutes is created to read:
AB892,6,1714 59.54 (25) (b) 3. No person who is charged with possession of more than 25
15grams of marijuana, or who is charged with possession of any amount of marijuana
16following a conviction for possession of marijuana, in this state may be prosecuted
17under an ordinance enacted under par. (a).
AB892, s. 7 18Section 7. 60.23 (21) of the statutes is amended to read:
AB892,6,2519 60.23 (21) Drug paraphernalia. Adopt an ordinance to prohibit conduct that
20is the same as that prohibited by s. 961.573 (2), 961.574 (2) or 961.575 (2). Any
21ordinance enacted under this subsection shall provide a person prosecuted under it
22with the defenses that the person has under s. 961.5755 to prosecutions under s.
23961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted under an
24ordinance enacted under this subsection if, under s. 968.073 (3), the person would
25not be subject to prosecution under s. 961.573 (2) or 961.574 (2).
AB892, s. 8
1Section 8. 66.0107 (1) (bm) of the statutes is amended to read:
AB892,7,132 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
325 grams or less of marijuana, as defined in s. 961.01 (14), subject to this paragraph
4and
the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation
5of the ordinance; except that any.. Any ordinance enacted under this paragraph shall
6provide a person prosecuted under it with the defenses that the person has under s.
7961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not
8be prosecuted under an ordinance enacted under this paragraph if, under s. 968.073
9(2), the person would not be subject to prosecution under s. 961.41 (3g) (e). No
person
10who is charged with possession of more than 25 grams of marijuana, or who is
11charged with possession of any amount of marijuana following a conviction for
12possession of marijuana, in this state shall not may be prosecuted under this
13paragraph.
AB892, s. 9 14Section 9. 146.45 of the statutes is created to read:
AB892,7,16 15146.45 Medical marijuana registry program. (1) Definitions. In this
16section:
AB892,7,1817 (a) "Applicant" means a person who is applying for a registry identification card
18under sub. (2) (a).
AB892,7,2019 (b) "Debilitating medical condition or treatment" has the meaning given in s.
20961.01 (5m).
AB892,7,2221 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
22(14g).
AB892,7,2323 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB892,7,2424 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB892,8,2
1(f) "Registrant" means a person to whom a registry identification card is issued
2under sub. (4).
AB892,8,53 (g) "Registry identification card" means a document issued by the department
4under this section that identifies a person as a qualifying patient or primary
5caregiver.
AB892,8,76 (h) "Written certification" means a statement made by a person's physician if
7all of the following apply:
AB892,8,118 1. The statement indicates that, in the physician's professional opinion, the
9person has or is undergoing a debilitating medical condition or treatment and the
10potential benefits of the person's use of tetrahydrocannabinols under s. 961.01 (14g)
11(a) would likely outweigh the health risks for the person.
AB892,8,1412 2. The statement indicates that the opinion described in subd. 1. was formed
13after a full assessment, made in the course of a bona fide physician-patient
14relationship, of the person's medical history and current medical condition.
AB892,8,1615 3. The statement is signed by the physician or is contained in the person's
16medical records.
AB892,8,19 17(2) Application. (a) An adult who is claiming to be a qualifying patient may
18apply for a registry identification card by submitting a signed application form
19containing or accompanied by all of the following to the department:
AB892,8,2020 1. His or her name, address, and date of birth.
AB892,8,2121 2. A written certification.
AB892,8,2322 3. The name, address, and telephone number of the person's current physician,
23as listed in the written certification.
AB892,9,524 (b) A qualifying patient who is an adult and who has been issued a registry
25identification card under sub. (4) or an applicant may jointly apply with another

1adult to the department for a registry identification card for the other adult,
2designating him or her as a primary caregiver for the qualifying patient or the
3applicant. Both persons who jointly apply for a registry identification card under this
4paragraph shall sign the application form, which shall contain the name, address,
5and date of birth of the individual applying to be registered as a primary caregiver.
AB892,9,96 (c) The department shall promulgate rules specifying how a parent, guardian,
7or person having legal custody of a child may apply for a registry identification card
8for himself or herself and for the child and the circumstances under which the
9department may approve or deny the application.
AB892,9,1110 (d) The department may not charge any fees in connection with an application
11for or the issuance of a registry identification card.
AB892,9,17 12(3) Processing the application. The department shall verify the information
13contained in or accompanying an application submitted under sub. (2) and shall
14approve or deny the application within 30 days after receiving it. Except as provided
15in sub. (2) (c), the department may deny an application submitted under sub. (2) only
16if the required information has not been provided or if false information has been
17provided.
AB892,9,22 18(4) Issuing a registry identification card. The department shall issue a
19registry identification card within 5 days after approving an application under sub.
20(3). Unless voided under sub. (5) (b) or revoked under rules issued by the department
21under sub. (7) (d), a registry identification card shall expire one year from the date
22of issuance. A registry identification card shall contain all of the following:
AB892,9,2523 (a) The name, address, and date of birth of the registrant and of the primary
24caregivers, if the registrant is a qualifying patient, or of the qualifying patient if the
25registrant is a primary caregiver.
AB892,10,1
1(b) The date of issuance and expiration date of the registry identification card.
AB892,10,22 (c) A photograph of the registrant.
AB892,10,33 (d) Other information that the department may require by rule.
AB892,10,10 4(5) Additional information to be provided by registrant. (a) 1. An adult
5registrant shall notify the department of any change in the registrant's name and
6address. An adult registrant who is a qualifying patient shall notify the department
7of any change in his or her physician, of any significant improvement in his or her
8health as it relates to his or her debilitating medical condition or treatment, and if
9a registered primary caregiver no longer assists the registrant with the medical use
10of tetrahydrocannabinols.
AB892,10,1411 2. If a qualifying patient is a child, a primary caregiver for the child shall
12provide the department with any information that the child, if he or she were an
13adult, would have to provide under subd. 1. within 10 days after the date of the
14change to which the information relates.
AB892,10,1915 (b) If a registrant fails to notify the department within 10 days after any change
16for which notification is required under par. (a) 1., his or her registry identification
17card is void. If a registrant fails to comply with par. (a) 2., the registry identification
18card for the qualifying patient to whom the information under par. (a) 2. relates is
19void.
AB892,10,2320 (c) If a qualifying patient's registry identification card becomes void under par.
21(b), the registry identification card for each of the qualifying patient's primary
22caregivers is void. The department shall send written notice of this fact to each such
23primary caregiver.
AB892,10,24 24(6) Records. (a) The department shall maintain a list of all registrants.
AB892,11,3
1(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
2may not disclose information from an application submitted or a registry
3identification card issued under this section.
AB892,11,74 (c) The department may disclose to a state or local law enforcement agency
5information from an application submitted by, or from a registry identification card
6issued to, a specific person under this section, for the purpose of verifying that the
7person possesses a valid registry identification card.
AB892,11,9 8(7) Rules. The department shall promulgate rules to implement this section,
9including the rules required under sub. (2) (c) and rules doing all of the following:
AB892,11,1010 (a) Creating forms for applications to be used under sub. (2).
AB892,11,1211 (b) Specifying how the department will verify the truthfulness of information
12submitted on an application under sub. (2).
AB892,11,1413 (c) Specifying how and under what circumstances registry identification cards
14may be renewed.
AB892,11,1615 (d) Specifying how and under what changed circumstances a registry
16identification card may be revoked.
AB892,11,1817 (e) Specifying under what circumstances a person whose application for a
18registry identification card is denied may reapply.
AB892, s. 10 19Section 10. 173.12 (1m) of the statutes is amended to read:
AB892,12,220 173.12 (1m) If an animal has been seized because it is alleged that the animal
21has been used in or constitutes evidence of any crime specified in s. 951.08, the
22animal may not be returned to the owner by an officer under s. 968.20 (2). In any
23hearing under s. 968.20 (1) (1f), the court shall determine if the animal is needed as
24evidence or there is reason to believe that the animal has participated in or been

1trained for fighting. If the court makes such a finding, the animal shall be retained
2in custody.
AB892, s. 11 3Section 11. 289.33 (3) (d) of the statutes is amended to read:
AB892,12,204 289.33 (3) (d) "Local approval" includes any requirement for a permit, license,
5authorization, approval, variance or exception or any restriction, condition of
6approval or other restriction, regulation, requirement or prohibition imposed by a
7charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
8a town, city, village, county or special purpose district, including without limitation
9because of enumeration any ordinance, resolution or regulation adopted under s.
1059.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9),
11(11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27),
1259.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23),
1359.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16),
14(17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6),
1559.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58
16(1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5),
17(7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (10) and
18(11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35,
1961.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58,
20200.11 (8), 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.
AB892, s. 12 21Section 12. 349.02 (2) (b) 4. of the statutes is amended to read:
AB892,12,2322 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a), 60.23 (21) or
2366.0107 (1) (bm).
AB892, s. 13 24Section 13. 961.01 (1) of the statutes is renumbered 961.01 (1m).
AB892, s. 14 25Section 14. 961.01 (1g) of the statutes is created to read:
AB892,13,3
1961.01 (1g) "Adequate supply" means an amount of tetrahydrocannabinols
2that is not more than is reasonably necessary to ensure the uninterrupted
3availability of tetrahydrocannabinols for their medical use by a treatment team.
AB892, s. 15 4Section 15. 961.01 (5m) of the statutes is created to read:
AB892,13,65 961.01 (5m) "Debilitating medical condition or treatment" means any of the
6following:
AB892,13,97 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
8the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
9or the treatment of these conditions.
AB892,13,1210 (b) A chronic or debilitating disease or medical condition or the treatment of
11such a disease or condition that causes cachexia, severe pain, severe nausea,
12seizures, or severe and persistent muscle spasms.
AB892,13,1513 (c) Any other medical condition or any other treatment for a medical condition
14designated as a debilitating medical condition or treatment in rules promulgated by
15the department of health and family services under s. 961.436 (5).
AB892, s. 16 16Section 16. 961.01 (11t) of the statutes is created to read:
AB892,13,1817 961.01 (11t) "HIV" means any strain of human immunodeficiency virus, which
18causes acquired immunodeficiency syndrome.
AB892, s. 17 19Section 17. 961.01 (14g) of the statutes is created to read:
AB892,13,2120 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the
21following:
AB892,13,2322 (a) The use of tetrahydrocannabinols by a qualifying patient to alleviate the
23symptoms or effects of the patient's debilitating medical condition or treatment.
AB892,14,3
1(b) The acquisition, possession, cultivation, or transportation of
2tetrahydrocannabinols by a qualifying patient if done to facilitate his or her use of
3the tetrahydrocannabinols under par. (a).
Loading...
Loading...