AB75,5,4 3(1) The entity is located within 500 feet of a public or private elementary or
4secondary school, including a charter school.
AB75,5,7 5(2) The dispensary distributes to a treatment team a number of plants or an
6amount of usable marijuana that, in the period of distribution, results in the
7treatment team possessing more than the maximum authorized amount.
AB75,5,11 8(3) The dispensary possesses a number of plants or an amount of usable
9marijuana that exceeds the combined maximum authorized amount for all of the
10treatment teams that use the dispensary by a number or an amount determined by
11the department by rule to be unacceptable.
AB75,5,14 1250.594 Licensing procedure. (1) An application for a license shall be in
13writing on a form provided by the department and include the licensing application
14fee under sub. (2) (a).
AB75,5,15 15(2) (a) A licensing application fee is $250.
AB75,5,1616 (b) The annual fee for a dispensary is $5,000.
AB75,5,19 17(3) A dispensary license is valid unless revoked. Each license shall be issued
18only for the applicant named in the application and may not be transferred or
19assigned.
AB75,5,23 2050.595 Distribution of medical marijuana. (1) A dispensary may deliver
21or distribute tetrahydrocannabinols or drug paraphernalia to a member of a
22treatment team if the dispensary receives a copy of the qualifying patient's written
23certification or registry identification card.
AB75,5,25 24(2) A dispensary may possess or manufacture tetrahydrocannabinols or drug
25paraphernalia with the intent to deliver or distribute under sub. (1).
AB75,6,4
1(2m) An entity operating under rules promulgated under s. 50.591 (2) may
2possess tetrahydrocannabinols, possess or manufacture tetrahydrocannabinols with
3the intent to deliver or distribute to a dispensary, or deliver or distribute marijuana
4to a dispensary.
AB75,6,6 5(3) A dispensary may have 2 locations, one for cultivation and one for
6distribution.
AB75,6,11 7(4) A dispensary shall have all tetrahydrocannabinols tested for mold, fungus,
8pesticides, and other contaminants and may not distribute tetrahydrocannabinols
9that test positive for mold, fungus, pesticides, or other contaminants if the
10contaminants, or level of contaminants, are identified by the testing laboratories
11under s. 50.596 (2) to be potentially unsafe to a qualifying patient's health.
AB75,6,13 12(5) A dispensary or an entity operating under rules promulgated under s.
1350.591 (2) may cultivate marijuana, including cultivating marijuana outdoors.
AB75,6,17 1450.596 Testing laboratories. The department shall register entities as
15tetrahydrocannabinols-testing laboratories. The laboratories may possess or
16manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
17following services:
AB75,6,19 18(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
19potency and for mold, fungus, pesticides, and other contaminants.
AB75,6,21 20(2) Research findings related to the medical use of tetrahydrocannabinols,
21including research that identifies potentially unsafe levels of contaminants.
AB75,6,25 22(3) Provide training to persons who hold registry identification cards,
23treatment teams, persons employed by dispensaries, and entities that grow and
24distribute marijuana, as provided by rules promulgated under s. 50.591 (2), on the
25following:
AB75,7,2
1(a) The safe and efficient cultivation, harvesting, packaging, labeling, and
2distribution of marijuana for the medical use of tetrahydrocannabinols.
AB75,7,33 (b) Security and inventory accountability procedures.
AB75,7,44 (c) The most recent research on the medical use of tetrahydrocannabinols.
AB75,4 5Section 4 . 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB75,7,166 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
7the possession of marijuana, as defined in s. 961.01 (14), subject to par. (c) and the
8exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
9ordinance; except that if. Any ordinance enacted under this paragraph shall provide
10a person who is prosecuted under it with the defenses that the person has under s.
11961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint
12is issued regarding an allegation of possession of more than 25 grams of marijuana,
13or possession of any amount of marijuana following a conviction in this state for
14possession of marijuana, the subject of the complaint may not be prosecuted under
15this subsection for the same action that is the subject of the complaint unless all of
16the following occur:
AB75,5 17Section 5 . 59.54 (25) (c) of the statutes is created to read:
AB75,7,2018 59.54 (25) (c) A person may not be prosecuted under an ordinance enacted
19under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
20prosecution under s. 961.41 (3g) (e).
AB75,6 21Section 6. 59.54 (25m) of the statutes is amended to read:
AB75,8,622 59.54 (25m) Drug paraphernalia. The board may enact an ordinance to
23prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
24(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
25Any ordinance enacted under this subsection shall provide a person prosecuted

1under it with the defenses that the person has under s. 961.5755 to prosecutions
2under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
3under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
4the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
5961.575 (1).
The board may enforce an ordinance enacted under this subsection in
6any municipality within the county.
AB75,7 7Section 7 . 66.0107 (1) (bm) of the statutes is amended to read:
AB75,8,188 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
9marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
10(intro.), and provide a forfeiture for a violation of the ordinance ; except that if. Any
11ordinance enacted under this paragraph shall provide a person who is prosecuted
12under it with the defenses that the person has under s. 961.436 to prosecutions under
13s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint is issued regarding an allegation
14of possession of more than 25 grams of marijuana, or possession of any amount of
15marijuana following a conviction in this state for possession of marijuana, the subject
16of the complaint may not be prosecuted under this paragraph for the same action that
17is the subject of the complaint unless the charges are dismissed or the district
18attorney declines to prosecute the case.
AB75,8 19Section 8. 66.0107 (1) (bp) of the statutes is amended to read:
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.
Loading...
Loading...