SB789,6,6 5(4) The preferences of the governing bodies with jurisdiction over the area in
6which the applicants are located.
SB789,6,8 7(5) The ability of the applicant to keep records confidential and maintain a safe
8and secure facility.
SB789,6,9 9(6) The ability of the applicant to abide by the prohibitions under s. 50.63.
SB789,6,11 1050.63 Prohibitions. The department may not issue a license to, and must
11revoke a license of, any entity to which any of the following applies:
SB789,6,13 12(1) The entity is located within 500 feet of a public or private elementary or
13secondary school, including a charter school.
SB789,6,16 14(2) The dispensary distributes to a treatment team a number of plants or an
15amount of ounces of usable marijuana that, in the period of distribution, results in
16the treatment team possessing more than the maximum authorized amount.
SB789,6,20 17(3) The dispensary possesses a number of plants or an amount of ounces of
18usable marijuana that exceeds the combined maximum authorized amount for all of
19the treatment teams that use the dispensary by a number or an amount determined
20by the department by rule to be unacceptable.
SB789,6,23 2150.64 Licensing procedure. (1) An application for a license shall be in
22writing on a form provided by the department and include the licensing application
23fee under sub. (2) (a).
SB789,6,24 24(2) (a) A licensing application fee is $250.
SB789,6,2525 (b) The annual fee for a dispensary is $5,000.
SB789,7,3
1(3) A dispensary license is valid unless revoked. Each license shall be issued
2only for the applicant named in the application and may not be transferred or
3assigned.
SB789,7,7 450.65 Distribution of medical marijuana. (1) A dispensary may deliver
5or distribute tetrahydrocannabinols or drug paraphernalia to a member of a
6treatment team if the dispensary receives a copy of the qualifying patient's written
7certification or registry identification card.
SB789,7,9 8(2) A dispensary may possess or manufacture tetrahydrocannabinols or drug
9paraphernalia with the intent to deliver or distribute under sub. (1).
SB789,7,13 10(2m) An entity operating under rules promulgated under s. 50.61 (2) may
11possess tetrahydrocannabinols, possess or manufacture tetrahydrocannabinols with
12the intent to deliver or distribute to a dispensary, or deliver or distribute marijuana
13to a dispensary.
SB789,7,15 14(3) A dispensary may have 2 locations, one for cultivation and one for
15distribution.
SB789,7,20 16(4) A dispensary shall have all tetrahydrocannabinols tested for mold, fungus,
17pesticides, and other contaminants and may not distribute tetrahydrocannabinols
18that test positive for mold, fungus, pesticides, or other contaminants if the
19contaminants, or level of contaminants, are identified by the testing laboratories
20under s. 50.66 (2) to be potentially unsafe to a qualifying patient's health.
SB789,7,22 21(5) A dispensary or an entity operating under rules promulgated under s. 50.61
22(2) may cultivate marijuana, including cultivating marijuana outdoors.
SB789,8,2 2350.66 Testing laboratories. The department shall register entities as
24tetrahydrocannabinols-testing laboratories. The laboratories may possess or

1manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
2following services:
SB789,8,4 3(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
4potency and for mold, fungus, pesticides, and other contaminants.
SB789,8,6 5(2) Research findings related to the medical use of tetrahydrocannabinols,
6including research that identifies potentially unsafe levels of contaminants.
SB789,8,10 7(3) Provide training to persons who hold registry identification cards,
8treatment teams, persons employed by dispensaries, and entities that grow and
9distribute marijuana, as provided by rules promulgated under s. 50.61 (2), on the
10following:
SB789,8,1211 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
12distribution of marijuana for the medical use of tetrahydrocannabinols.
SB789,8,1313 (b) Security and inventory accountability procedures.
SB789,8,1414 (c) The most recent research on the medical use of tetrahydrocannabinols.
SB789,6 15Section 6. Subchapter IV of chapter 50 [precedes 50.90] of the statutes is
16renumbered subchapter VI of chapter 50.
SB789,7 17Section 7. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB789,9,318 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
19the possession of marijuana, as defined in s. 961.01 (14), subject to par. (c) and the
20exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
21ordinance; except that if. Any ordinance enacted under this paragraph shall provide
22a person who is prosecuted under it with the defenses that the person has under s.
23961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint
24is issued regarding an allegation of possession of more than 25 grams of marijuana,
25or possession of any amount of marijuana following a conviction in this state for

1possession of marijuana, the subject of the complaint may not be prosecuted under
2this subsection for the same action that is the subject of the complaint unless all of
3the following occur:
SB789,8 4Section 8. 59.54 (25) (c) of the statutes is created to read:
SB789,9,75 59.54 (25) (c) A person may not be prosecuted under an ordinance enacted
6under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
7prosecution under s. 961.41 (3g) (e).
SB789,9 8Section 9. 59.54 (25m) of the statutes is amended to read:
SB789,9,189 59.54 (25m) Drug paraphernalia. The board may enact an ordinance to
10prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
11(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
12Any ordinance enacted under this subsection shall provide a person prosecuted
13under it with the defenses that the person has under s. 961.5755 to prosecutions
14under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
15under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
16the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
17961.575 (1).
The board may enforce an ordinance enacted under this subsection in
18any municipality within the county.
SB789,10 19Section 10. 66.0107 (1) (bm) of the statutes is amended to read:
SB789,9,2520 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
21marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
22(intro.), and provide a forfeiture for a violation of the ordinance ; except that if. Any
23ordinance enacted under this paragraph shall provide a person who is prosecuted
24under it with the defenses that the person has under s. 961.436 to prosecutions under
25s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint is issued regarding an allegation

1of possession of more than 25 grams of marijuana, or possession of any amount of
2marijuana following a conviction in this state for possession of marijuana, the subject
3of the complaint may not be prosecuted under this paragraph for the same action that
4is the subject of the complaint unless the charges are dismissed or the district
5attorney declines to prosecute the case.
SB789,11 6Section 11. 66.0107 (1) (bp) of the statutes is amended to read:
SB789,10,147 66.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
8same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
9(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
10under this paragraph shall provide a person prosecuted under it with the defenses
11that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
12(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
13under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
14to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
SB789,12 15Section 12. 66.0408 of the statutes is created to read:
SB789,10,18 1666.0408 Cultivation of tetrahydrocannabinols. No village, town, city, or
17county may enact or enforce an ordinance or a resolution that prohibits cultivating
18tetrahydrocannabinols outdoors if the cultivation is by one of the following:
SB789,10,19 19(1) A dispensary, as defined in s. 50.60 (1).
SB789,10,22 20(2) A person who is cultivating tetrahydrocannabinols for the medical use of
21tetrahydrocannabinols, as defined in s. 961.01 (14g), if the amount does not exceed
22the maximum authorized amount, as defined in s. 961.01 (14c).
SB789,10,24 23(3) An entity that is growing marijuana for distribution as permitted under
24rules promulgated under s. 50.61 (2).
SB789,13 25Section 13. 66.1201 (2m) of the statutes is amended to read:
SB789,11,9
166.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
2facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
3facility, or privilege in any manner for any purpose nor be discriminated against
4because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic
5abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the
6person holds, or has applied for, a registry identification card, as defined in s. 146.44
7(1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or
8is or has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
9origin.
SB789,14 10Section 14. 66.1213 (3) of the statutes is amended to read:
SB789,11,1911 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
12facility, or privilege under this section may not be denied the right, benefit, facility,
13or privilege in any manner for any purpose nor be discriminated against because of
14sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse,
15sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
16holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
17has been the subject of a written certification, as defined in s. 961.01 (21t), or is or
18has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
19origin.
SB789,15 20Section 15. 66.1301 (2m) of the statutes is amended to read:
SB789,12,421 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
22or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
23or privilege in any manner for any purpose nor be discriminated against because of
24sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse,
25sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person

1holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
2has been the subject of a written certification, as defined in s. 961.01 (21t), or is or
3has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
4origin.
SB789,16 5Section 16. 66.1331 (2m) of the statutes is amended to read:
SB789,12,146 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
7facility, or privilege under this section may not be denied the right, benefit, facility,
8or privilege in any manner for any purpose nor be discriminated against because of
9sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse,
10sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
11holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
12has been the subject of a written certification, as defined in s. 961.01 (21t), or is or
13has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
14origin.
SB789,17 15Section 17. 66.1333 (3) (e) 2. of the statutes is amended to read:
SB789,12,2316 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
17privilege under this section may not be denied the right, benefit, facility, or privilege
18in any manner for any purpose nor be discriminated against because of sex, race,
19color, creed, or sexual orientation, ; status as a victim of domestic abuse, sexual
20assault, or stalking, as defined in s. 106.50 (1m) (u), ; whether the person holds, or
21has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been
22the subject of a written certification, as defined in s. 961.01 (21t), or is or has been
23a member of a treatment team, as defined in s. 961.01 (20t);
or national origin.
SB789,18 24Section 18. 106.50 (1m) (h) of the statutes is amended to read:
SB789,13,8
1106.50 (1m) (h) "Discriminate" means to segregate, separate, exclude, or treat
2a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
3because of sex, race, color, sexual orientation, disability, religion, national origin,
4marital status, or family status,; status as a victim of domestic abuse, sexual assault,
5or stalking,; whether the person holds, or has applied for, a registry identification
6card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as
7defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined
8in s. 961.01 (20t);
lawful source of income,; age,; or ancestry.
SB789,19 9Section 19. 146.40 (1) (bo) of the statutes is amended to read:
SB789,13,1110 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV VI
11of ch. 50.
SB789,20 12Section 20. 146.44 of the statutes is created to read:
SB789,13,14 13146.44 Medical Marijuana Registry Program. (1) Definitions. In this
14section:
SB789,13,1615 (a) "Applicant" means a person who is applying for a registry identification card
16under sub. (2) (a).
SB789,13,1817 (b) "Debilitating medical condition or treatment" has the meaning given in s.
18961.01 (5m).
SB789,13,2019 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
20(14g).
SB789,13,2221 (cm) "Out-of-state registry identification card" means a document that is valid
22under the rule promulgated under sub. (7) (f).
SB789,13,2323 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).
SB789,13,2424 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
SB789,14,2
1(f) "Registrant" means a person to whom a registry identification card is issued
2under sub. (4).
SB789,14,53 (g) "Registry identification card" means a document issued by the department
4under this section that identifies a person as a qualifying patient or primary
5caregiver.
SB789,14,66 (h) "Written certification" has the meaning given in s. 961.01 (21t).
SB789,14,9 7(2) Application. (a) An adult who is claiming to be a qualifying patient may
8apply for a registry identification card by submitting to the department a signed
9application form containing or accompanied by all of the following:
SB789,14,1010 1. His or her name, address, and date of birth.
SB789,14,1111 2. A written certification.
SB789,14,1312 3. The name, address, and telephone number of the person's current
13practitioner, as listed in the written certification.
SB789,14,1514 4. A registration fee in an amount determined by the department, but not to
15exceed $150.
SB789,14,1716 5. Any information that the department determines is necessary for a
17background check under par. (am).
SB789,14,1818 (am) 1. In this paragraph:
SB789,14,2119 a. "Background check" means a search of department of justice records to
20determine whether an applicant for a registry identification card has been convicted
21of a disqualifying offense.
SB789,14,2322 b. "Disqualifying offense" means a violent crime under s. 165.84 (7) (ab) or a
23violation of ch. 961, or a substantially similar violation of federal law, that is a felony.
SB789,15,3
12. The department shall convey the information provided by the applicant
2under par. (a) to the department of justice, and the department of justice shall
3perform a background check on the applicant.
SB789,15,94 3. If the department of justice determines that the applicant has been convicted
5of a disqualifying offense, the department of health services shall deny the
6application unless at least 10 years has passed since the completion of any sentence
7imposed for any disqualifying offense, including any period of incarceration, parole,
8and extended supervision, and any period of probation imposed for a disqualifying
9offense.
SB789,15,1510 (b) An adult registrant who is a qualifying patient or an applicant may jointly
11apply with another adult to the department for a registry identification card for the
12other adult, designating the other adult as a primary caregiver for the registrant or
13applicant. Both persons who jointly apply for a registry identification card under this
14paragraph shall sign the application form, which shall contain the name, address,
15and date of birth of the individual applying to be registered as a primary caregiver.
SB789,15,1916 (c) The department shall promulgate rules specifying how a parent, guardian,
17or person having legal custody of a child may apply for a registry identification card
18for himself or herself and for the child and the circumstances under which the
19department may approve or deny the application.
SB789,15,23 20(3) Processing the application. The department shall verify the information
21contained in or accompanying an application submitted under sub. (2) and shall
22approve or deny the application within 30 days after receiving it. The department
23may deny an application submitted under sub. (2) only if one of the following applies:
SB789,15,2524 (a) The required information has not been provided or if false information has
25been provided.
SB789,16,1
1(b) The department is required to deny the application under sub. (2) (am) 3.
SB789,16,32 (c) The department is required to deny the application under the rules
3promulgated under sub. (2) (c).
SB789,16,9 4(4) Issuing a registry identification card. The department shall issue to the
5applicant a registry identification card within 5 days after approving an application
6under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules
7promulgated by the department under sub. (7) (d), a registry identification card shall
8expire 2 years from the date of issuance. A registry identification card shall contain
9all of the following:
SB789,16,1010 (a) The name, address, and date of birth of all of the following:
SB789,16,1111 1. The registrant.
SB789,16,1212 2. Each primary caregiver, if the registrant is a qualifying patient.
SB789,16,1313 3. The qualifying patient, if the registrant is a primary caregiver.
SB789,16,1414 (b) The date of issuance and expiration date of the registry identification card.
SB789,16,1515 (c) A photograph of the registrant.
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