SB368: Bill Text

SB368, s. 7 Section 7. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended to read:

SB368,9,14 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).

SB368,9,16 (b) 1. Any ordinance enacted under this subsection par. (a) applies in every municipality within the county.

SB368, s. 8 Section 8. 59.54 (25) (b) 2. of the statutes is created to read:

SB368,9,20 59.54 (25) (b) 2. 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).

SB368, s. 9 Section 9. 59.54 (25) (b) 3. of the statutes is created to read:

SB368,9,25 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).

SB368, s. 10 Section 10. 59.54 (25m) of the statutes is amended to read:

SB368,10,11 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.

SB368, s. 11 Section 11. 66.0107 (1) (bm) of the statutes is amended to read:

SB368,10,24 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. 968.072 (2) or (4) (b), 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.

SB368, s. 12 Section 12. 66.0107 (1) (bp) of the statutes is amended to read:

SB368,11,8 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).

SB368, s. 13 Section 13. 146.40 (1) (bo) of the statutes is amended to read:

SB368,11,11 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV V of ch. 50.

SB368, s. 14 Section 14. 146.44 of the statutes is created to read:

SB368,11,14 146.44 Medical Marijuana Registry Program. (1) Definitions. In this section:

SB368,11,16 (a) "Applicant" means a person who is applying for a registry identification card under sub. (2) (a).

SB368,11,18 (b) "Debilitating medical condition or treatment" has the meaning given in s. 961.01 (5m).

SB368,11,20 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB368,11,23 (cm) "Out-of-state registry identification card" means a document issued by an entity listed in the rule promulgated under sub. (7) (f) that identifies the person as a qualifying patient or primary caregiver, or an equivalent designation.

SB368,11,24 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).

SB368,11,25 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB368,12,2 (f) "Registrant" means a person to whom a registry identification card is issued under sub. (4).

SB368,12,5 (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.

SB368,12,6 (h) "Written certification" has the meaning given in s. 961.01 (21t).

SB368,12,9 (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:

SB368,12,10 1. His or her name, address, and date of birth.

SB368,12,11 2. A written certification.

SB368,12,13 3. The name, address, and telephone number of the person's current physician, as listed in the written certification.

SB368,12,15 4. A registration fee in an amount determined by the department, but not to exceed $150.

SB368,12,22 (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.

SB368,13,2 (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.

SB368,13,8 (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.

SB368,13,14 (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) 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:

SB368,13,15 (a) The name, address, and date of birth of all of the following:

SB368,13,16 1. The registrant.

SB368,13,17 2. The primary caregivers, if the registrant is a qualifying patient.

SB368,13,18 3. The qualifying patient, if the registrant is a primary caregiver.

SB368,13,19 (b) The date of issuance and expiration date of the registry identification card.

SB368,13,20 (c) A photograph of the registrant.

SB368,13,21 (d) Other information that the department may require by rule.

SB368,14,3 (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.

SB368,14,7 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.

SB368,14,12 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a) 1., his or her registry identification card is void. If a registrant fails to comply with par. (a) 2., the registry identification card for the qualifying patient to whom the information under par. (a) 2. relates is void.

SB368,14,16 (c) If a qualifying patient's registry identification card becomes void under par. (b), 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.

SB368,14,17 (6) Records. (a) The department shall maintain a list of all registrants.

SB368,14,20 (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.

SB368,14,24 (c) The department may disclose to state or local law enforcement agencies 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.

SB368,15,2 (7) Rules. The department shall promulgate rules to implement this section, including the rules required under sub. (2) (c) and rules doing all of the following:

SB368,15,3 (a) Creating forms for applications to be used under sub. (2).

SB368,15,5 (b) Specifying how the department will verify the truthfulness of information submitted on an application under sub. (2).

SB368,15,7 (c) Specifying how and under what circumstances registry identification cards may be renewed.

SB368,15,9 (d) Specifying how and under what changed circumstances a registry identification card may be revoked.

SB368,15,11 (e) Specifying under what circumstances a person whose application for a registry identification card is denied may reapply.

SB368,15,15 (f) Listing each state, district, commonwealth, territory, or insular possession thereof that allows the medical use of marijuana by a visiting qualifying patient or allows a person to assist with a visiting qualifying patient's medical use of marijuana.

SB368, s. 15 Section 15. 146.81 (1) (L) of the statutes is amended to read:

SB368,15,17 146.81 (1) (L) A hospice licensed under subch. IV V of ch. 50.

SB368, s. 16 Section 16. 146.997 (1) (d) 18. of the statutes is amended to read:

SB368,15,19 146.997 (1) (d) 18. A hospice licensed under subch. IV V of ch. 50.

SB368, s. 17 Section 17. 149.14 (3) (nm) of the statutes is amended to read:

SB368,15,22 149.14 (3) (nm) Hospice care provided by a hospice licensed under subch. IV V of ch. 50.

SB368, s. 18 Section 18. 173.12 (1m) of the statutes is amended to read:

SB368,16,5 173.12 (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.

SB368, s. 19 Section 19. 289.33 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB368,16,25 289.33 (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. 91.73, 2007 stats., 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), (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, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch III of ch. 91.

SB368, s. 20 Section 20. 349.02 (2) (b) 4. of the statutes is amended to read:

SB368,17,3 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

SB368, s. 21 Section 21. 767.41 (5) (am) (intro.) of the statutes is amended to read:

SB368,17,10 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider the following factors in making its determination:

SB368, s. 22 Section 22. 767.41 (5) (d) of the statutes is created to read:

SB368,17,18 767.41 (5) (d) The court may not consider as a factor in determining the legal custody of a child whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB368, s. 23 Section 23. 767.451 (5m) (d) of the statutes is created to read:

SB368,18,2 767.451 (5m) (d) In an action to modify a legal custody order, the court may not consider as a factor in making a determination whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB368, s. 24 Section 24. 961.01 (5m) of the statutes is created to read:

SB368,18,5 961.01 (5m) "Debilitating medical condition or treatment" means any of the following:

SB368,18,10 (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, Crohn's disease, a Hepatitis C virus infection, Alzheimer's disease, Amytrophic Lateral Sclerosis, nail patella syndrome, Ehlers-Danlos Syndrome, post-traumatic stress disorder, or the treatment of these conditions.

SB368,18,14 (b) A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB368,18,17 (c) Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department of health services under s. 961.436 (5).

SB368, s. 25 Section 25. 961.01 (11v) of the statutes is created to read:

SB368,18,20 961.01 (11v) "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

SB368, s. 26 Section 26. 961.01 (12v) of the statutes is created to read:

SB368,18,24 961.01 (12v) "Lockable, enclosed facility" means an enclosed area that is lockable, or may use a security device, to permit access only by a member of a qualifying patient's treatment team.

SB368, s. 27 Section 27. 961.01 (14c) of the statutes is created to read:

SB368,19,2 961.01 (14c) "Maximum authorized amount" means 12 live marijuana plants and 3 ounces of usable marijuana.

SB368, s. 28 Section 28. 961.01 (14g) of the statutes is created to read:

SB368,19,5 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the following:

SB368,19,8 (a) The use of tetrahydrocannabinols by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

SB368,19,11 (b) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols by a qualifying patient if done to facilitate his or her use of the tetrahydrocannabinols under par. (a).