SB363: Bill Text

SB363,14,7 (6) Records. (a) The department shall maintain a list of all registrants.

SB363,14,10 (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.

SB363,14,14 (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.

SB363,14,16 (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:

SB363,14,17 (a) Creating forms for applications to be used under sub. (2).

SB363,14,19 (b) Specifying how the department will verify the truthfulness of information submitted on an application under sub. (2).

SB363,14,21 (c) Specifying how and under what circumstances registry identification cards may be renewed.

SB363,14,23 (d) Specifying how and under what changed circumstances a registry identification card may be revoked.

SB363,14,25 (e) Specifying under what circumstances an applicant whose application is denied may reapply.

SB363,15,4 (f) Listing each state, district, commonwealth, territory, or insular possession thereof that, by issuing an out-of-state registry identification card, 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.

SB363,15,8 (g) Creating guidelines for issuing registry identification cards, and for obtaining and distributing marijuana for the medical use of tetrahydrocannabinols, to persons under the care of the department who have a debilitating medical condition or treatment.

SB363,16 Section 16. 146.81 (1) (L) of the statutes is amended to read:

SB363,15,10 146.81 (1) (L) A hospice licensed under subch. IV VI of ch. 50.

SB363,17 Section 17. 146.997 (1) (d) 18. of the statutes is amended to read:

SB363,15,12 146.997 (1) (d) 18. A hospice licensed under subch. IV VI of ch. 50.

SB363,18 Section 18. 149.14 (3) (nm) of the statutes is amended to read:

SB363,15,15 149.14 (3) (nm) Hospice care provided by a hospice licensed under subch. IV VI of ch. 50.

SB363,19 Section 19. 173.12 (1m) of the statutes is amended to read:

SB363,15,23 173.12 (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.

SB363,20 Section 20. 289.33 (3) (d) of the statutes is amended to read:

SB363,16,18 289.33 (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.

SB363,21 Section 21. 349.02 (2) (b) 4. of the statutes is amended to read:

SB363,16,21 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

SB363,22 Section 22. 767.41 (5) (am) (intro.) of the statutes is amended to read:

SB363,17,3 767.41 (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:

SB363,23 Section 23. 767.41 (5) (d) of the statutes is created to read:

SB363,17,11 767.41 (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.

SB363,24 Section 24. 767.451 (5m) (a) (intro.) of the statutes is amended to read:

SB363,17,16 767.451 (5m) (a) (intro.) Subject to pars. (b) and, (c), and (d), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

SB363,25 Section 25. 767.451 (5m) (d) of the statutes is created to read:

SB363,17,25 767.451 (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.

SB363,26 Section 26. 961.01 (5m) of the statutes is created to read:

SB363,18,3 961.01 (5m) "Debilitating medical condition or treatment" means any of the following:

SB363,18,8 (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.

SB363,18,12 (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.

SB363,18,15 (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).

SB363,27 Section 27. 961.01 (11v) of the statutes is created to read:

SB363,18,18 961.01 (11v) "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

SB363,28 Section 28. 961.01 (12v) of the statutes is created to read:

SB363,18,22 961.01 (12v) "Lockable, enclosed facility" means an enclosed indoor or outdoor area that is lockable, or may use a security device, to permit access only by a member of a qualifying patient's treatment team.

SB363,29 Section 29. 961.01 (14c) of the statutes is created to read:

SB363,18,25 961.01 (14c) "Maximum authorized amount" means 12 live marijuana plants and 3 ounces of usable marijuana.

SB363,30 Section 30. 961.01 (14g) of the statutes is created to read:

SB363,19,3 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the following:

SB363,19,6 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

SB363,19,9 (b) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or her use of the tetrahydrocannabinols under par. (a).

SB363,19,15 (c) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols in any form between a qualifying patient and his or her primary caregivers, or the transfer of tetrahydrocannabinols in any form between persons who are primary caregivers for the same qualifying patient if all of the following apply:

SB363,19,18 1. The acquisition, possession, cultivation, transportation, or transfer of the tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

SB363,19,21 2. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport the tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

SB363,31 Section 31. 961.01 (17k) of the statutes is created to read:

SB363,19,24 961.01 (17k) "Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

SB363,32 Section 32. 961.01 (19m) of the statutes is created to read:

SB363,20,3 961.01 (19m) "Primary caregiver" means a person who is at least 18 years of age and who has agreed to help a qualifying patient in his or her medical use of tetrahydrocannabinols.

SB363,33 Section 33. 961.01 (20hm) of the statutes is created to read:

SB363,20,8 961.01 (20hm) "Qualifying patient" means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

SB363,20,11 (a) The person's physician has explained the potential risks and benefits of the medical use of tetrahydrocannabinols to the person and to a parent, guardian, or person having legal custody of the person.

SB363,20,13 (b) The parent, guardian, or person having legal custody provides the physician a written statement consenting to do all of the following:

SB363,20,14 1. Allow the person's medical use of tetrahydrocannabinols.

SB363,20,15 2. Serve as a primary caregiver for the person.

SB363,20,16 3. Manage the person's medical use of tetrahydrocannabinols.

SB363,34 Section 34. 961.01 (20ht) of the statutes is created to read:

SB363,20,19 961.01 (20ht) "Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB363,35 Section 35. 961.01 (20t) of the statutes is created to read:

SB363,20,22 961.01 (20t) "Treatment team" means a qualifying patient and his or her primary caregivers.

SB363,36 Section 36. 961.01 (21f) of the statutes is created to read:

SB363,21,3 961.01 (21f) "Usable marijuana" means marijuana leaves or flowers but does not include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.

SB363,37 Section 37. 961.01 (21t) of the statutes is created to read:

SB363,21,6 961.01 (21t) "Written certification" means a statement made by a person's physician if all of the following apply:

SB363,21,10 (a) The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a) would likely outweigh the health risks for the person.

SB363,21,13 (b) The statement indicates that the opinion described in par. (a) was formed after a full assessment, made in the course of a bona fide physician-patient relationship, of the person's medical history and current medical condition.

SB363,21,15 (c) The statement is signed by the physician or is contained in the person's medical records.

SB363,38 Section 38. 961.436 of the statutes is created to read:

SB363,21,21 961.436 Medical use defense in cases involving tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

SB363,21,23 (a) The manufacture or possession is a medical use of tetrahydrocannabinols by the treatment team.

SB363,21,25 (b) The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB363,22,3 (c) Any live marijuana plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB363,22,5 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB363,22,9 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply:

SB363,22,11 (a) The distribution, delivery, or possession is a medical use of tetrahydrocannabinols by the treatment team.

SB363,22,13 (b) The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB363,22,16 (c) Any live marijuana plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB363,22,18 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB363,22,21 (3) (a) Except as provided in par. (b), a member of a qualifying patient's treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the following apply:

SB363,22,23 1. The possession or attempted possession is a medical use of tetrahydrocannabinols by the treatment team.

SB363,22,25 2. The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB363,23,3 3. Any live marijuana plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB363,23,5 4. If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB363,23,7 (b) A person may not assert the defense described in par. (a) if, while he or she possesses or attempts to possess tetrahydrocannabinols, any of the following applies:

SB363,23,10 1. The person drives or operates a motor vehicle while under the influence of tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1).