AB75,9,220 66.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
21same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
22(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
23under this paragraph shall provide a person prosecuted under it with the defenses
24that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
25(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted

1under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
2to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
AB75,9 3Section 9 . 66.0414 of the statutes is created to read:
AB75,9,6 466.0414 Cultivation of tetrahydrocannabinols. No village, town, city, or
5county may enact or enforce an ordinance or a resolution that prohibits cultivating
6tetrahydrocannabinols outdoors if the cultivation is by one of the following:
AB75,9,7 7(1) A dispensary, as defined in s. 50.59 (1).
AB75,9,10 8(2) A person who is cultivating tetrahydrocannabinols for the medical use of
9tetrahydrocannabinols, as defined in s. 961.01 (14g), if the amount does not exceed
10the maximum authorized amount, as defined in s. 961.01 (14c).
AB75,9,12 11(3) An entity that is growing marijuana for distribution as permitted under
12rules promulgated under s. 50.591 (2).
AB75,10 13Section 10 . 66.1201 (2m) of the statutes is amended to read:
AB75,9,2214 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
15facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
16facility, or privilege in any manner for any purpose nor be discriminated against
17because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic
18abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the
19person holds, or has applied for, a registry identification card, as defined in s. 146.44
20(1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or
21is or has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
22origin.
AB75,11 23Section 11 . 66.1213 (3) of the statutes is amended to read:
AB75,9,2524 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
25facility, or privilege under this section may not be denied the right, benefit, facility,

1or privilege in any manner for any purpose nor be discriminated against because of
2sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
3sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
4holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
5has been the subject of a written certification, as defined in s. 961.01 (21t), or is or
6has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
7origin.
AB75,12 8Section 12 . 66.1301 (2m) of the statutes is amended to read:
AB75,10,179 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
10or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
11or privilege in any manner for any purpose nor be discriminated against because of
12sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
13sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
14holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
15has been the subject of a written certification, as defined in s. 961.01 (21t), or is or
16has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
17origin.
AB75,13 18Section 13 . 66.1331 (2m) of the statutes is amended to read:
AB75,11,219 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
20facility, or privilege under this section may not be denied the right, benefit, facility,
21or privilege in any manner for any purpose nor be discriminated against because of
22sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
23sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
24holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
25has been the subject of a written certification, as defined in s. 961.01 (21t), or is or

1has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
2origin.
AB75,14 3Section 14 . 66.1333 (3) (e) 2. of the statutes is amended to read:
AB75,11,114 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
5privilege under this section may not be denied the right, benefit, facility, or privilege
6in any manner for any purpose nor be discriminated against because of sex, race,
7color, creed, or sexual orientation, ; status as a victim of domestic abuse, sexual
8assault, or stalking, as defined in s. 106.50 (1m) (u), ; whether the person holds, or
9has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been
10the subject of a written certification, as defined in s. 961.01 (21t), or is or has been
11a member of a treatment team, as defined in s. 961.01 (20t);
or national origin.
AB75,15 12Section 15 . 106.50 (1m) (h) of the statutes is amended to read:
AB75,11,2013 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
14a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
15because of sex, race, color, sexual orientation, disability, religion, national origin,
16marital status, or family status, ; status as a victim of domestic abuse, sexual assault,
17or stalking,; whether the person holds, or has applied for, a registry identification
18card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as
19defined in s. 961.01 (21t), or is or has been a member of a treatment team, as defined
20in s. 961.01 (20t);
lawful source of income,; age,; or ancestry.
AB75,16 21Section 16. 146.44 of the statutes is created to read:
AB75,11,23 22146.44 Medical Marijuana Registry Program. (1) Definitions. In this
23section:
AB75,11,2524 (a) “Applicant" means a person who is applying for a registry identification card
25under sub. (2) (a).
AB75,12,2
1(b) “Debilitating medical condition or treatment" has the meaning given in s.
2961.01 (5m).
AB75,12,43 (c) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
4(14g).
AB75,12,65 (cm) “Out-of-state registry identification card" means a document that is valid
6under the rule promulgated under sub. (7) (f).
AB75,12,77 (d) “Primary caregiver" has the meaning given in s. 961.01 (19m).
AB75,12,88 (e) “Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB75,12,109 (f) “Registrant" means a person to whom a registry identification card is issued
10under sub. (4).
AB75,12,1311 (g) “Registry identification card" means a document issued by the department
12under this section that identifies a person as a qualifying patient or primary
13caregiver.
AB75,12,1414 (h) “Written certification" has the meaning given in s. 961.01 (21t).
AB75,12,17 15(2) Application. (a) An adult who is claiming to be a qualifying patient may
16apply for a registry identification card by submitting to the department a signed
17application form containing or accompanied by all of the following:
AB75,12,1818 1. His or her name, address, and date of birth.
AB75,12,1919 2. A written certification.
AB75,12,2120 3. The name, address, and telephone number of the person's current
21practitioner, as listed in the written certification.
AB75,12,2322 4. A registration fee in an amount determined by the department, but not to
23exceed $150.
AB75,12,2524 5. Any information that the department determines is necessary for a
25background check under par. (am).
AB75,13,1
1(am) 1. In this paragraph:
AB75,13,42 a. “Background check" means a search of department of justice records to
3determine whether an applicant for a registry identification card has been convicted
4of a disqualifying offense.
AB75,13,65 b. “Disqualifying offense" means a violent crime under s. 165.84 (7) (ab) or a
6violation of ch. 961, or a substantially similar violation of federal law, that is a felony.
AB75,13,97 2. The department shall convey the information provided by the applicant
8under par. (a) to the department of justice, and the department of justice shall
9perform a background check on the applicant.
AB75,13,1510 3. If the department of justice determines that the applicant has been convicted
11of a disqualifying offense, the department of health services shall deny the
12application unless at least 10 years has passed since the completion of any sentence
13imposed for any disqualifying offense, including any period of incarceration, parole,
14and extended supervision, and any period of probation imposed for a disqualifying
15offense.
AB75,13,2116 (b) An adult registrant who is a qualifying patient or an applicant may jointly
17apply with another adult to the department for a registry identification card for the
18other adult, designating the other adult as a primary caregiver for the registrant or
19applicant. Both persons who jointly apply for a registry identification card under this
20paragraph shall sign the application form, which shall contain the name, address,
21and date of birth of the individual applying to be registered as a primary caregiver.
AB75,13,2522 (c) The department shall promulgate rules specifying how a parent, guardian,
23or person having legal custody of a child may apply for a registry identification card
24for himself or herself and for the child and the circumstances under which the
25department may approve or deny the application.
AB75,14,4
1(3) Processing the application. The department shall verify the information
2contained in or accompanying an application submitted under sub. (2) and shall
3approve or deny the application within 30 days after receiving it. The department
4may deny an application submitted under sub. (2) only if one of the following applies:
AB75,14,65 (a) The required information has not been provided or if false information has
6been provided.
AB75,14,77 (b) The department is required to deny the application under sub. (2) (am) 3.
AB75,14,98 (c) The department is required to deny the application under the rules
9promulgated under sub. (2) (c).
AB75,14,15 10(4) Issuing a registry identification card. The department shall issue to the
11applicant a registry identification card within 5 days after approving an application
12under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules
13promulgated by the department under sub. (7) (d), a registry identification card shall
14expire 2 years from the date of issuance. A registry identification card shall contain
15all of the following:
AB75,14,1616 (a) The name, address, and date of birth of all of the following:
AB75,14,1717 1. The registrant.
AB75,14,1818 2. Each primary caregiver, if the registrant is a qualifying patient.
AB75,14,1919 3. The qualifying patient, if the registrant is a primary caregiver.
AB75,14,2020 (b) The date of issuance and expiration date of the registry identification card.
AB75,14,2121 (c) A photograph of the registrant.
AB75,14,2222 (d) Other information the department may require by rule.
AB75,15,4 23(5) Additional information to be provided by registrant. (a) 1. An adult
24registrant shall notify the department of any change in the registrant's name and
25address. An adult registrant who is a qualifying patient shall notify the department

1of any change in his or her practitioner, of any significant improvement in his or her
2health as it relates to his or her debilitating medical condition or treatment, and if
3a registered primary caregiver no longer assists the registrant with the medical use
4of tetrahydrocannabinols.
AB75,15,85 2. If a qualifying patient is a child, a primary caregiver for the child shall
6provide the department with any information that the child, if he or she were an
7adult, would have to provide under subd. 1. within 10 days after the date of the
8change to which the information relates.
AB75,15,139 (b) If a registrant fails to notify the department within 10 days after any change
10for which notification is required under par. (a) 1., his or her registry identification
11card is void. If a registrant fails to comply with par. (a) 2., the registry identification
12card for the qualifying patient to whom the information under par. (a) 2. relates is
13void.
AB75,15,1714 (c) If a qualifying patient's registry identification card becomes void under par.
15(b), the registry identification card for each of the qualifying patient's primary
16caregivers is void. The department shall send written notice of this fact to each such
17primary caregiver.
AB75,15,18 18(6) Records. (a) The department shall maintain a list of all registrants.
AB75,15,2119 (b) Notwithstanding s. 19.35 and except as provided in par. (c) and sub. (2) (am),
20the department may not disclose information from an application submitted or a
21registry identification card issued under this section.
AB75,15,2522 (c) The department may disclose to state or local law enforcement agencies
23information from an application submitted by, or from a registry identification card
24issued to, a specific person under this section, for the purpose of verifying that the
25person possesses a valid registry identification card.
AB75,16,2
1(7) Rules. The department shall promulgate rules to implement this section,
2including the rules required under sub. (2) (c) and rules doing all of the following:
AB75,16,33 (a) Creating forms for applications to be used under sub. (2).
AB75,16,54 (b) Specifying how the department will verify the truthfulness of information
5submitted on an application under sub. (2).
AB75,16,76 (c) Specifying how and under what circumstances registry identification cards
7may be renewed.
AB75,16,98 (d) Specifying how and under what changed circumstances a registry
9identification card may be revoked.
AB75,16,1110 (e) Specifying under what circumstances an applicant whose application is
11denied may reapply.
AB75,16,1312 (f) Ensuring that out-of-state registry identification cards are valid only if the
13following apply:
AB75,16,1614 1. The person holding the out-of-state registry identification card has been
15diagnosed with a debilitating medical condition in the course of a bona fide
16practitioner-patient relationship, as defined in s. 961.01 (3).
AB75,16,1917 2. The out-of-state registry identification card allows for the medical use of
18tetrahydrocannabinols by the person who holds it, is valid in the jurisdiction in which
19it was provided, and the person who holds the card is a resident of that jurisdiction.
AB75,16,2220 3. The person who holds the card has not been a resident of Wisconsin for a
21period longer than a period the department determines would allow the person to
22apply for a registry identification card in Wisconsin.
AB75,17,223 (g) Creating guidelines for issuing registry identification cards, and for
24obtaining and distributing marijuana for the medical use of tetrahydrocannabinols,

1to persons under the care of the department who have a debilitating medical
2condition or treatment.
AB75,17 3Section 17 . 234.29 of the statutes is amended to read:
AB75,17,14 4234.29 Equality of occupancy and employment. The authority shall
5require that occupancy of housing projects assisted under this chapter be open to all
6regardless of sex, race, religion, or sexual orientation,; status as a victim of domestic
7abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the
8person holds, or has applied for, a registry identification card, as defined in s. 146.44
9(1) (g), has been the subject of a written certification, as defined in s. 961.01 (21t), or
10is or has been a member of a treatment team, as defined in s. 961.01 (20t);
or creed,
11and that contractors and subcontractors engaged in the construction of economic
12development or housing projects, shall provide an equal opportunity for
13employment, without discrimination as to sex, race, religion, sexual orientation, or
14creed.
AB75,18 15Section 18 . 289.33 (3) (d) of the statutes is amended to read:
AB75,18,816 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
17authorization, approval, variance or exception or any restriction, condition of
18approval or other restriction, regulation, requirement or prohibition imposed by a
19charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
20a town, city, village, county or special purpose district, including without limitation
21because of enumeration any ordinance, resolution or regulation adopted under s.
2291.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
23(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
24(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
25(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),

1(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
2(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
359.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
4(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
5and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
661.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
787.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
8of ch. 91.
AB75,19 9Section 19. 349.02 (2) (b) 4. of the statutes is amended to read:
AB75,18,1110 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
1166.0107 (1) (bm).
AB75,20 12Section 20 . 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB75,18,1813 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
14legal custody and periods of physical placement, the court shall consider all facts
15relevant to the best interest of the child. The court may not prefer one parent or
16potential custodian over the other on the basis of the sex or race of the parent or
17potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider
18the following factors in making its determination:
AB75,21 19Section 21 . 767.41 (5) (d) of the statutes is created to read:
AB75,19,220 767.41 (5) (d) The court may not consider as a factor in determining the legal
21custody of a child whether a parent or potential custodian holds, or has applied for,
22a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
23of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified
24patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01

1(19m), unless the parent or potential custodian's behavior creates an unreasonable
2danger to the child that can be clearly articulated and substantiated.
AB75,22 3Section 22. 767.451 (5m) (a) of the statutes is amended to read:
AB75,19,74 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify
5legal custody or physical placement orders, the court shall consider the factors under
6s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
7a manner consistent with s. 767.41.
AB75,23 8Section 23 . 767.451 (5m) (d) of the statutes is created to read:
AB75,19,169 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
10consider as a factor in making a determination whether a parent or potential
11custodian holds, or has applied for, a registry identification card, as defined in s.
12146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
13961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or
14a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential
15custodian's behavior creates an unreasonable danger to the child that can be clearly
16articulated and substantiated.
AB75,24 17Section 24 . 961.01 (3) of the statutes is created to read:
AB75,19,1918 961.01 (3) “Bona fide practitioner-patient relationship" means a relationship
19between the practitioner and the patient that includes all of the following:
AB75,19,2220 (a) An assessment of the patient's medical history and current medical
21condition by the practitioner, including an in-person physical examination if
22appropriate.
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