SB789: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB789,1 Section 1. 20.435 (1) (gq) of the statutes is created to read:

SB789,3,4 20.435 (1) (gq) Medical marijuana registry. All moneys received as fees under s. 146.44 (2) (a) 4., for the purposes of the Medical Marijuana Registry Program under s. 146.44.

SB789,2 Section 2. 20.435 (1) (jm) of the statutes is created to read:

SB789,3,8 20.435 (1) (jm) Licensing and support services for dispensaries. All moneys received under s. 50.64 to license and regulate dispensaries, and to register laboratories, under subch. V of ch. 50.

SB789,3 Section 3. 20.435 (6) (jm) of the statutes is amended to read:

SB789,4,17 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.

SB789,4 Section 4. 50.56 (3) of the statutes is amended to read:

SB789,4,22 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.

SB789,5 Section 5. Subchapter V of chapter 50 [precedes 50.60] of the statutes is created to read:

SB789,4,25 CHAPTER 50

SB789,5,1 SUBCHAPTER V

SB789,5,2 Distribution and testing Centers

SB789,5,3 50.60 Definitions. In this subchapter:

SB789,5,7 (1) "Dispensary" means an entity licensed under s. 50.62 that cultivates, acquires, manufactures, possesses, delivers, transfers, transports, sells, or dispenses marijuana, paraphernalia, or related supplies and educational materials to treatment teams and other dispensaries.

SB789,5,8 (2) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).

SB789,5,10 (3) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB789,5,11 (4) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB789,5,12 (5) "Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB789,5,13 (6) "Treatment team" has the meaning given in s. 961.01 (20t).

SB789,5,14 (7) "Usable marijuana" has the meaning given in s. 961.01 (21f).

SB789,5,15 (8) "Written certification" has the meaning given in s. 961.01 (21t).

SB789,5,17 50.61 Departmental powers and duties. (1) The department shall provide licensing, regulation, record keeping, and security for dispensaries.

SB789,5,21 (2) The department shall promulgate rules allowing entities to grow marijuana and distribute marijuana to dispensaries, developing security guidelines for the entities, and regulating such entities. The rules may not include limits on the amount of marijuana the entities grow for, and sell to, dispensaries.

SB789,5,24 50.62 Licensing. The department shall issue licenses to operate as a dispensary and shall decide which and how many applicants for a license receive a license based on all of the following:

SB789,5,25 (1) Convenience to treatment teams and the preferences of treatment teams.

SB789,6,2 (2) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

SB789,6,4 (3) The experience the applicant has running a nonprofit organization or a business.

SB789,6,6 (4) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

SB789,6,8 (5) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

SB789,6,9 (6) The ability of the applicant to abide by the prohibitions under s. 50.63.

SB789,6,11 50.63 Prohibitions. The department may not issue a license to, and must revoke a license of, any entity to which any of the following applies:

SB789,6,13 (1) The entity is located within 500 feet of a public or private elementary or secondary school, including a charter school.

SB789,6,16 (2) The dispensary 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.

SB789,6,20 (3) The dispensary 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 dispensary by a number or an amount determined by the department by rule to be unacceptable.

SB789,6,23 50.64 Licensing procedure. (1) An application for a license shall be in writing on a form provided by the department and include the licensing application fee under sub. (2) (a).

SB789,6,24 (2) (a) A licensing application fee is $250.

SB789,6,25 (b) The annual fee for a dispensary is $5,000.

SB789,7,3 (3) A dispensary license is valid unless revoked. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

SB789,7,7 50.65 Distribution of medical marijuana. (1) A dispensary may deliver or distribute tetrahydrocannabinols or drug paraphernalia to a member of a treatment team if the dispensary receives a copy of the qualifying patient's written certification or registry identification card.

SB789,7,9 (2) A dispensary may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to deliver or distribute under sub. (1).

SB789,7,13 (2m) An entity operating under rules promulgated under s. 50.61 (2) may possess tetrahydrocannabinols, possess or manufacture tetrahydrocannabinols with the intent to deliver or distribute to a dispensary, or deliver or distribute marijuana to a dispensary.

SB789,7,15 (3) A dispensary may have 2 locations, one for cultivation and one for distribution.

SB789,7,20 (4) A dispensary 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.

SB789,7,22 (5) A dispensary or an entity operating under rules promulgated under s. 50.61 (2) may cultivate marijuana, including cultivating marijuana outdoors.

SB789,8,2 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:

SB789,8,4 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

SB789,8,6 (2) Research findings related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

SB789,8,10 (3) Provide training to persons who hold registry identification cards, treatment teams, persons employed by dispensaries, and entities that grow and distribute marijuana, as provided by rules promulgated under s. 50.61 (2), on the following:

SB789,8,12 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

SB789,8,13 (b) Security and inventory accountability procedures.

SB789,8,14 (c) The most recent research on the medical use of tetrahydrocannabinols.

SB789,6 Section 6. Subchapter IV of chapter 50 [precedes 50.90] of the statutes is renumbered subchapter VI of chapter 50.

SB789,7 Section 7. 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB789,9,3 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 par. (c) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that if. 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). 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, 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:

SB789,8 Section 8. 59.54 (25) (c) of the statutes is created to read:

SB789,9,7 59.54 (25) (c) 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).

SB789,9 Section 9. 59.54 (25m) of the statutes is amended to read:

SB789,9,18 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.

SB789,10 Section 10. 66.0107 (1) (bm) of the statutes is amended to read:

SB789,9,25 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 ; except that if. 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). 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, 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.

SB789,11 Section 11. 66.0107 (1) (bp) of the statutes is amended to read:

SB789,10,14 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).

SB789,12 Section 12. 66.0408 of the statutes is created to read:

SB789,10,18 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:

SB789,10,19 (1) A dispensary, as defined in s. 50.60 (1).

SB789,10,22 (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).

SB789,10,24 (3) An entity that is growing marijuana for distribution as permitted under rules promulgated under s. 50.61 (2).

SB789,13 Section 13. 66.1201 (2m) of the statutes is amended to read:

SB789,11,9 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB789,14 Section 14. 66.1213 (3) of the statutes is amended to read:

SB789,11,19 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB789,15 Section 15. 66.1301 (2m) of the statutes is amended to read:

SB789,12,4 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB789,16 Section 16. 66.1331 (2m) of the statutes is amended to read:

SB789,12,14 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB789,17 Section 17. 66.1333 (3) (e) 2. of the statutes is amended to read:

SB789,12,23 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, or sexual orientation, ; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), ; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

SB789,18 Section 18. 106.50 (1m) (h) of the statutes is amended to read:

SB789,13,8 106.50 (1m) (h) "Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, or family status,; status as a victim of domestic abuse, sexual assault, or stalking,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); lawful source of income,; age,; or ancestry.

SB789,19 Section 19. 146.40 (1) (bo) of the statutes is amended to read:

SB789,13,11 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV VI of ch. 50.

SB789,20 Section 20. 146.44 of the statutes is created to read:

SB789,13,14 146.44 Medical Marijuana Registry Program. (1) Definitions. In this section:

SB789,13,16 (a) "Applicant" means a person who is applying for a registry identification card under sub. (2) (a).

SB789,13,18 (b) "Debilitating medical condition or treatment" has the meaning given in s. 961.01 (5m).

SB789,13,20 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB789,13,22 (cm) "Out-of-state registry identification card" means a document that is valid under the rule promulgated under sub. (7) (f).

SB789,13,23 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).