AB480: Bill Text

AB480,2 Section 2. 20.435 (1) (jm) of the statutes is created to read:

AB480,3,8 20.435 (1) (jm) Licensing and support services for compassion centers. All moneys received under s. 50.64 to regulate and license compassion centers, and to register laboratories, under subch. V of ch. 50.

AB480,3 Section 3. 20.435 (6) (jm) of the statutes is amended to read:

AB480,4,17 20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a), (am), (b), and (bm), and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and 146.40 (4r) (b) and (er), and subch. IV VI of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes, and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2) shall be credited to this appropriation account.

AB480,4 Section 4. 50.56 (3) of the statutes is amended to read:

AB480,4,22 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this subchapter, or the rules promulgated under this subchapter, and subch. I, II or IV VI, or the rules promulgated under subch. I, II or IV VI, the provisions of this subchapter and the rules promulgated under this subchapter control.

AB480,5 Section 5. Subchapter IV of chapter 50 [precedes 50.90] of the statutes is renumbered subchapter VI of chapter 50.

AB480,6 Section 6. Subchapter V of chapter 50 [precedes 50.60] of the statutes is created to read:

AB480,5,3 CHAPTER 50

AB480,5,4 SUBCHAPTER V

AB480,5,5 Distribution and testing Centers

AB480,5,6 50.60 Definitions. In this subchapter:

AB480,5,8 (1) "Compassion center" means a licensed organization that grows and distributes marijuana for the medical use of tetrahydrocannabinols.

AB480,5,9 (2) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).

AB480,5,11 (3) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

AB480,5,12 (4) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

AB480,5,13 (5) "Registry identification card" has the meaning given in s. 146.44 (1) (g).

AB480,5,14 (6) "Treatment team" has the meaning given in s. 961.01 (20t).

AB480,5,15 (7) "Usable marijuana" has the meaning given in s. 961.01 (21f).

AB480,5,16 (8) "Written certification" has the meaning given in s. 961.01 (21t).

AB480,5,18 50.61 Departmental powers and duties. The department shall provide licensing, regulation, record keeping, and security for compassion centers.

AB480,5,21 50.62 Licensing. The department shall issue licenses to operate as a compassion center and shall decide which and how many applicants for a license receive a license based on all of the following:

AB480,5,22 (1) Convenience to treatment teams and the preferences of treatment teams.

AB480,5,24 (2) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

AB480,6,2 (3) The experience the applicant has running a nonprofit organization or a business.

AB480,6,4 (4) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

AB480,6,6 (5) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

AB480,6,7 (6) The ability of the applicant to abide by the prohibitions under s. 50.63.

AB480,6,9 50.63 Prohibitions. The department may not issue a license to, and must revoke a license of, any organization to which any of the following applies:

AB480,6,11 (1) The organization does not qualify as a nonprofit organization, as defined in s. 108.02 (19).

AB480,6,13 (2) The organization is located within 500 feet of a public or private elementary or secondary school, including a charter school.

AB480,6,16 (3) The compassion center distributes to a treatment team a number of plants or an amount of ounces of usable marijuana that, in the period of distribution, results in the treatment team possessing more than the maximum authorized amount.

AB480,6,20 (4) The compassion center possesses a number of plants or an amount of ounces of usable marijuana that exceeds the combined maximum authorized amount for all of the treatment teams that use the organization by a number or an amount determined by the department by rule to be unacceptable.

AB480,6,21 50.64 Licensing procedure. (1) The application for a license shall:

AB480,6,22 (a) Be in writing on a form provided by the department.

AB480,6,23 (b) Include the licensing application fee under sub. (2) (a).

AB480,6,24 (2) (a) A licensing application fee is $250.

AB480,6,25 (b) The annual fee for a compassion center is $5,000.

AB480,7,3 (3) A compassion center license is valid until revoked. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

AB480,7,7 50.65 Distribution of medical marijuana. (1) A compassion center may deliver or distribute tetrahydrocannabinols or drug paraphernalia to a member of a treatment team if the compassion center receives a copy of the qualifying patient's written certification or registry identification card.

AB480,7,9 (2) A compassion center may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to deliver or distribute under sub. (1).

AB480,7,11 (3) A compassion center may have 2 locations, one for cultivation and one for distribution.

AB480,7,17 (4) A compassion center 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. 50.66 (2) to be potentially unsafe to a qualifying patient's health.

AB480,7,18 (5) A compassion center may cultivate marijuana outdoors.

AB480,7,22 50.66 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:

AB480,7,24 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

AB480,8,2 (2) Research findings related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

AB480,8,4 (3) Provide training to persons who hold registry identification cards, treatment teams, and persons employed by compassion centers on the following:

AB480,8,6 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

AB480,8,7 (b) Security and inventory accountability procedures.

AB480,8,8 (c) The most recent research on the medical use of tetrahydrocannabinols.

AB480,7 Section 7. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended to read:

AB480,8,20 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).

AB480,8,22 (b) 1. Any ordinance enacted under this subsection par. (a) applies in every municipality within the county.

AB480,8 Section 8. 59.54 (25) (b) 2. of the statutes is created to read:

AB480,9,3 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).

AB480,9 Section 9. 59.54 (25) (b) 3. of the statutes is created to read:

AB480,9,8 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).

AB480,10 Section 10. 59.54 (25m) of the statutes is amended to read:

AB480,9,19 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.

AB480,11 Section 11. 66.0107 (1) (bm) of the statutes is amended to read:

AB480,9,25 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.

AB480,12 Section 12. 66.0107 (1) (bp) of the statutes is amended to read:

AB480,10,16 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).

AB480,13 Section 13. 66.0408 of the statutes is created to read:

AB480,10,20 66.0408 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:

AB480,10,21 (1) A compassion center, as defined in s. 50.60 (1).

AB480,10,24 (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).

AB480,14 Section 14. 146.40 (1) (bo) of the statutes is amended to read:

AB480,11,2 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV VI of ch. 50.

AB480,15 Section 15. 146.44 of the statutes is created to read:

AB480,11,5 146.44 Medical Marijuana Registry Program. (1) Definitions. In this section:

AB480,11,7 (a) "Applicant" means a person who is applying for a registry identification card under sub. (2) (a).

AB480,11,9 (b) "Debilitating medical condition or treatment" has the meaning given in s. 961.01 (5m).

AB480,11,11 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

AB480,11,14 (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.

AB480,11,15 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).

AB480,11,16 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

AB480,11,18 (f) "Registrant" means a person to whom a registry identification card is issued under sub. (4).

AB480,11,21 (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.

AB480,11,22 (h) "Written certification" has the meaning given in s. 961.01 (21t).

AB480,11,25 (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:

AB480,12,1 1. His or her name, address, and date of birth.

AB480,12,2 2. A written certification.

AB480,12,4 3. The name, address, and telephone number of the person's current physician, as listed in the written certification.

AB480,12,6 4. A registration fee in an amount determined by the department, but not to exceed $150.

AB480,12,12 (b) An adult registrant who is a qualifying patient or an applicant may jointly apply with another adult to the department for a registry identification card for the other adult, designating the other adult as a primary caregiver for the registrant or 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.

AB480,12,16 (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.

AB480,12,22 (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.