SB38: Bill Text

SB38,6,4 (2m) An entity operating under rules promulgated under s. 50.591 (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.

SB38,6,6 (3) A dispensary may have 2 locations, one for cultivation and one for distribution.

SB38,6,11 (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. 50.596 (2) to be potentially unsafe to a qualifying patient's health.

SB38,6,13 (5) A dispensary or an entity operating under rules promulgated under s. 50.591 (2) may cultivate marijuana, including cultivating marijuana outdoors.

SB38,6,17 50.596 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:

SB38,6,19 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

SB38,6,21 (2) Research findings related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

SB38,6,25 (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. 50.591 (2), on the following:

SB38,7,2 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

SB38,7,3 (b) Security and inventory accountability procedures.

SB38,7,4 (c) The most recent research on the medical use of tetrahydrocannabinols.

SB38,4 Section 4 . 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB38,7,16 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:

SB38,5 Section 5 . 59.54 (25) (c) of the statutes is created to read:

SB38,7,20 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).

SB38,6 Section 6. 59.54 (25m) of the statutes is amended to read:

SB38,8,6 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.

SB38,7 Section 7 . 66.0107 (1) (bm) of the statutes is amended to read:

SB38,8,18 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.

SB38,8 Section 8. 66.0107 (1) (bp) of the statutes is amended to read:

SB38,9,2 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).

SB38,9 Section 9 . 66.0414 of the statutes is created to read:

SB38,9,6 66.0414 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:

SB38,9,7 (1) A dispensary, as defined in s. 50.59 (1).

SB38,9,10 (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).

SB38,9,12 (3) An entity that is growing marijuana for distribution as permitted under rules promulgated under s. 50.591 (2).

SB38,10 Section 10 . 66.1201 (2m) of the statutes is amended to read:

SB38,9,22 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.

SB38,11 Section 11 . 66.1213 (3) of the statutes is amended to read:

SB38,9,25 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.

SB38,12 Section 12 . 66.1301 (2m) of the statutes is amended to read:

SB38,10,17 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.

SB38,13 Section 13 . 66.1331 (2m) of the statutes is amended to read:

SB38,11,2 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.

SB38,14 Section 14 . 66.1333 (3) (e) 2. of the statutes is amended to read:

SB38,11,11 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.

SB38,15 Section 15 . 106.50 (1m) (h) of the statutes is amended to read:

SB38,11,20 106.50 (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.

SB38,16 Section 16. 146.44 of the statutes is created to read:

SB38,11,23 146.44 Medical Marijuana Registry Program. (1) Definitions. In this section:

SB38,11,25 (a) “Applicant" means a person who is applying for a registry identification card under sub. (2) (a).

SB38,12,2 (b) “Debilitating medical condition or treatment" has the meaning given in s. 961.01 (5m).

SB38,12,4 (c) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB38,12,6 (cm) “Out-of-state registry identification card" means a document that is valid under the rule promulgated under sub. (7) (f).

SB38,12,7 (d) “Primary caregiver" has the meaning given in s. 961.01 (19m).

SB38,12,8 (e) “Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB38,12,10 (f) “Registrant" means a person to whom a registry identification card is issued under sub. (4).

SB38,12,13 (g) “Registry identification card" means a document issued by the department under this section that identifies a person as a qualifying patient or primary caregiver.

SB38,12,14 (h) “Written certification" has the meaning given in s. 961.01 (21t).

SB38,12,17 (2) Application. (a) An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

SB38,12,18 1. His or her name, address, and date of birth.

SB38,12,19 2. A written certification.

SB38,12,21 3. The name, address, and telephone number of the person's current practitioner, as listed in the written certification.

SB38,12,23 4. A registration fee in an amount determined by the department, but not to exceed $150.

SB38,12,25 5. Any information that the department determines is necessary for a background check under par. (am).

SB38,13,1 (am) 1. In this paragraph:

SB38,13,4 a. “Background check" means a search of department of justice records to determine whether an applicant for a registry identification card has been convicted of a disqualifying offense.

SB38,13,6 b. “Disqualifying offense" means a violent crime under s. 165.84 (7) (ab) or a violation of ch. 961, or a substantially similar violation of federal law, that is a felony.

SB38,13,9 2. The department shall convey the information provided by the applicant under par. (a) to the department of justice, and the department of justice shall perform a background check on the applicant.

SB38,13,15 3. If the department of justice determines that the applicant has been convicted of a disqualifying offense, the department of health services shall deny the application unless at least 10 years has passed since the completion of any sentence imposed for any disqualifying offense, including any period of incarceration, parole, and extended supervision, and any period of probation imposed for a disqualifying offense.

SB38,13,21 (b) An adult registrant who is a qualifying patient or an applicant may jointly apply with another adult to the department for a registry identification card for the other adult, designating the other adult as a primary caregiver for the registrant or applicant. Both persons who jointly apply for a registry identification card under this paragraph shall sign the application form, which shall contain the name, address, and date of birth of the individual applying to be registered as a primary caregiver.

SB38,13,25 (c) The department shall promulgate rules specifying how a parent, guardian, or person having legal custody of a child may apply for a registry identification card for himself or herself and for the child and the circumstances under which the department may approve or deny the application.

SB38,14,4 (3) Processing the application. The department shall verify the information contained in or accompanying an application submitted under sub. (2) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) only if one of the following applies:

SB38,14,6 (a) The required information has not been provided or if false information has been provided.

SB38,14,7 (b) The department is required to deny the application under sub. (2) (am) 3.

SB38,14,9 (c) The department is required to deny the application under the rules promulgated under sub. (2) (c).

SB38,14,15 (4) Issuing a registry identification card. The department shall issue to the applicant a registry identification card within 5 days after approving an application under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules promulgated by the department under sub. (7) (d), a registry identification card shall expire 2 years from the date of issuance. A registry identification card shall contain all of the following:

SB38,14,16 (a) The name, address, and date of birth of all of the following:

SB38,14,17 1. The registrant.

SB38,14,18 2. Each primary caregiver, if the registrant is a qualifying patient.

SB38,14,19 3. The qualifying patient, if the registrant is a primary caregiver.

SB38,14,20 (b) The date of issuance and expiration date of the registry identification card.

SB38,14,21 (c) A photograph of the registrant.

SB38,14,22 (d) Other information the department may require by rule.

SB38,15,4 (5) Additional information to be provided by registrant. (a) 1. An adult registrant shall notify the department of any change in the registrant's name and address. An adult registrant who is a qualifying patient shall notify the department of any change in his or her practitioner, of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment, and if a registered primary caregiver no longer assists the registrant with the medical use of tetrahydrocannabinols.

SB38,15,8 2. If a qualifying patient is a child, a primary caregiver for the child shall provide the department with any information that the child, if he or she were an adult, would have to provide under subd. 1. within 10 days after the date of the change to which the information relates.

SB38,15,13 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a) 1., his or her registry identification card is void. If a registrant fails to comply with par. (a) 2., the registry identification card for the qualifying patient to whom the information under par. (a) 2. relates is void.

SB38,15,17 (c) If a qualifying patient's registry identification card becomes void under par. (b), the registry identification card for each of the qualifying patient's primary caregivers is void. The department shall send written notice of this fact to each such primary caregiver.

SB38,15,18 (6) Records. (a) The department shall maintain a list of all registrants.

SB38,15,21 (b) Notwithstanding s. 19.35 and except as provided in par. (c) and sub. (2) (am), the department may not disclose information from an application submitted or a registry identification card issued under this section.

SB38,15,25 (c) The department may disclose to state or local law enforcement agencies information from an application submitted by, or from a registry identification card issued to, a specific person under this section, for the purpose of verifying that the person possesses a valid registry identification card.

SB38,16,2 (7) Rules. The department shall promulgate rules to implement this section, including the rules required under sub. (2) (c) and rules doing all of the following:

SB38,16,3 (a) Creating forms for applications to be used under sub. (2).

SB38,16,5 (b) Specifying how the department will verify the truthfulness of information submitted on an application under sub. (2).

SB38,16,7 (c) Specifying how and under what circumstances registry identification cards may be renewed.

SB38,16,9 (d) Specifying how and under what changed circumstances a registry identification card may be revoked.

SB38,16,11 (e) Specifying under what circumstances an applicant whose application is denied may reapply.

SB38,16,13 (f) Ensuring that out-of-state registry identification cards are valid only if the following apply:

SB38,16,16 1. The person holding the out-of-state registry identification card has been diagnosed with a debilitating medical condition in the course of a bona fide practitioner-patient relationship, as defined in s. 961.01 (3).