AB224: Bill Text

AB224,38 Section 38. 30.80 (6) (d) of the statutes is amended to read:

AB224,16,20 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, tetrahydrocannabinols; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB224,39 Section 39. 50.56 (3) of the statutes is amended to read:

AB224,16,25 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.

AB224,40 Section 40. Subchapter V of chapter 50 [precedes 50.60] of the statutes is created to read:

AB224,17,3 chapter 50

AB224,17,4 subchapter V

AB224,17,6 distribution and testing centers

AB224,17,7 50.60 Definitions. In this subchapter:

AB224,17,9 (1) "Compassion center" means a licensed organization that grows, sells, distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.

AB224,17,10 (2) "Debilitating medical condition or treatment" means any of the following:

AB224,17,15 (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; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

AB224,17,19 (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.

AB224,17,22 (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. 50.61 (2).

AB224,17,23 (2m) "Department" means the department of health services.

AB224,17,25 (3) "Maximum medicinal amount" means 12 live marijuana plants and 3 ounces of usable marijuana.

AB224,18,1 (4) "Medical use of tetrahydrocannabinols" means any of the following:

AB224,18,4 (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.

AB224,18,7 (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).

AB224,18,13 (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 caregiver, 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:

AB224,18,16 1. The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

AB224,18,19 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.

AB224,18,22 (5) "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.

AB224,18,25 (6) "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:

AB224,19,3 (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 individual having legal custody of the person.

AB224,19,5 (b) The parent, guardian, or individual having legal custody of the person provides the physician a written statement consenting to do all of the following:

AB224,19,6 1. Allow the person's medical use of tetrahydrocannabinols.

AB224,19,7 2. Serve as a primary caregiver for the person.

AB224,19,8 3. Manage the person's medical use of tetrahydrocannabinols.

AB224,19,9 (7) "Registry identification card" has the meaning given in s. 146.44 (1) (h).

AB224,19,11 (8) "Treatment team" means a qualifying patient and his or her primary caregivers.

AB224,19,12 (9) "Usable marijuana" has the meaning given in s. 139.97 (12).

AB224,19,14 (10) "Written certification" means a statement made by a person's physician if all of the following apply:

AB224,19,18 (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. (4) (a) would likely outweigh the health risks for the person.

AB224,19,21 (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.

AB224,19,23 (c) The statement is signed by the physician or is contained in the person's medical records.

AB224,19,25 50.61 Departmental powers and duties. (1) The department shall provide licensing, regulation, record keeping, and security for compassion centers.

AB224,20,8 (2) Notwithstanding s. 227.12 (1), any person may petition the department to promulgate a rule to designate a medical condition or treatment as a debilitating medical condition or treatment. The department shall promulgate rules providing for public notice of and a public hearing regarding any such petition, with the public hearing providing persons an opportunity to comment upon the petition. After the hearing, but no later than 180 days after the submission of the petition, the department shall approve or deny the petition. The department's decision to approve or deny a petition is subject to judicial review under s. 227.52.

AB224,20,11 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:

AB224,20,12 (1) Convenience to treatment teams and the preferences of treatment teams.

AB224,20,14 (2) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

AB224,20,16 (3) The experience the applicant has running a nonprofit organization or a business.

AB224,20,18 (4) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

AB224,20,20 (5) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

AB224,20,21 (6) The ability of the applicant to abide by the prohibitions under s. 50.63.

AB224,20,24 50.63 Prohibitions. The department may not issue a license to operate as a compassion center to, and must revoke a license of, any organization to which any of the following applies:

AB224,21,2 (1) The organization does not qualify as a nonprofit organization, as defined in s. 108.02 (19).

AB224,21,4 (2) The organization is located within 500 feet of a public or private elementary or secondary school, including a charter school.

AB224,21,7 (3) The compassion center distributes to a treatment team a number of plants or an amount in ounces of usable marijuana that, in the period of distribution, results in the treatment team possessing more than the maximum medicinal amount.

AB224,21,11 (4) The compassion center possesses a number of plants or an amount in ounces of usable marijuana that exceeds the combined maximum medicinal 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.

AB224,21,14 50.64 Licensing procedure. (1) The application for a license must be in writing on a form provided by the department and include the licensing application fee under sub. (2) (a).

AB224,21,15 (2) (a) A licensing application fee is $250.

AB224,21,16 (b) The annual fee for a compassion center is $5,000.

AB224,21,19 (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.

AB224,21,24 50.65 Distribution of medical marijuana. (1) A compassion center may sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for the storage or use of usable marijuana 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.

AB224,22,2 (2) A compassion center may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).

AB224,22,4 (3) A compassion center may have 2 locations, one for cultivation and one for sales, distribution, or delivery.

AB224,22,10 (4) A compassion center shall have all tetrahydrocannabinols tested for mold, fungus, pesticides, and other contaminants and may not sell, distribute, or deliver 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.

AB224,22,11 (5) A compassion center may cultivate marijuana outdoors.

AB224,22,15 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:

AB224,22,17 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

AB224,22,20 (2) Collect information on research findings and conduct research related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

AB224,22,22 (3) Provide training to persons who hold registry identification cards, treatment teams, and persons employed by compassion centers on the following:

AB224,22,24 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

AB224,22,25 (b) Security and inventory accountability procedures.

AB224,23,1 (c) The most recent research on the medical use of tetrahydrocannabinols.

AB224,41 Section 41. Subchapter IV (title) of chapter 50 [precedes 50.90] of the statutes is renumbered subchapter VI (title) of chapter 50 [precedes 50.90].

AB224,42 Section 42. 59.54 (25) (title) of the statutes is amended to read:

AB224,23,5 59.54 (25) (title) Possession Regulation of marijuana.

AB224,43 Section 43. 59.54 (25) (a) (intro.) of the statutes is amended to read:

AB224,23,15 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

AB224,44 Section 44. 66.0107 (1) (bm) of the statutes is amended to read:

AB224,24,2 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

AB224,45 Section 45. 66.0408 of the statutes is created to read:

AB224,24,6 66.0408 Cultivation of tetrahydrocannabinols. (1) 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:

AB224,24,7 (a) A compassion center, as defined in s. 50.60 (1).

AB224,24,10 (b) A person who is cultivating tetrahydrocannabinols for the medical use of tetrahydrocannabinols, as defined in s. 50.60 (4), if the amount does not exceed the maximum medicinal amount, as defined in s. 50.60 (3).

AB224,24,12 (c) A person who is a personal-use permit holder, as defined in s. 961.70 (7), who has no more than 12 marijuana plants at one time.

AB224,46 Section 46. 85.53 (1) (d) of the statutes is amended to read:

AB224,24,16 85.53 (1) (d) "Operating while intoxicated" means a violation of s. 346.63 (1) or, (2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6), 940.09 (1) or 940.25.

AB224,47 Section 47. 139.87 (7) of the statutes is amended to read:

AB224,24,20 139.87 (7) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t) in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana or chemically synthesized.

AB224,48 Section 48. Subchapter V (title) of chapter 139 [precedes 139.97] of the statutes is created to read:

AB224,24,23 chapter 139

AB224,24,24 subchapter v

AB224,24,25 marijuana tax and regulation

AB224,49 Section 49. 139.97 of the statutes is created to read:

AB224,25,2 139.97 Definitions. In this subchapter:

AB224,25,4 (1) "Department", if used without further qualification, means the department of revenue.