SB377,25,20 2050.80 Definitions. In this subchapter:
SB377,25,22 21(1) “Compassion center" means a licensed organization that grows, sells,
22distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
SB377,25,23 23(2) “Debilitating medical condition or treatment" means any of the following:
SB377,26,424 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
25the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;

1inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
2hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
3patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
4treatment of these conditions.
SB377,26,85 (b) A chronic or debilitating disease or medical condition or the treatment of
6such a disease or condition that causes cachexia, severe pain, severe nausea,
7seizures, including those characteristic of epilepsy, or severe and persistent muscle
8spasms, including those characteristic of multiple sclerosis.
SB377,26,119 (c) Any other medical condition or any other treatment for a medical condition
10designated as a debilitating medical condition or treatment in rules promulgated by
11the department under s. 50.81 (2).
SB377,26,12 12(2m) “Department" means the department of health services.
SB377,26,14 13(3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces
14of usable marijuana.
SB377,26,15 15(4) “Medical use of tetrahydrocannabinols" means any of the following:
SB377,26,1816 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to
17alleviate the symptoms or effects of the qualifying patient's debilitating medical
18condition or treatment.
SB377,26,2119 (b) The acquisition, possession, cultivation, or transportation of
20tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
21her use of tetrahydrocannabinols under par. (a).
SB377,27,222 (c) The acquisition, possession, cultivation, or transportation of
23tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
24the transfer of tetrahydrocannabinols in any form between a qualifying patient and
25his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form

1between persons who are primary caregivers for the same qualifying patient if all of
2the following apply:
SB377,27,53 1. The acquisition, possession, cultivation, or transportation of
4tetrahydrocannabinols is done to facilitate the qualifying patient's use of
5tetrahydrocannabinols under par. (a) or (b).
SB377,27,86 2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
7or transport tetrahydrocannabinols independently, or the qualifying patient is under
818 years of age.
SB377,27,9 9(4m) “Physician” means a person licensed under s. 448.04 (1) (a).
SB377,27,12 10(5) “Primary caregiver" means a person who is at least 18 years of age and who
11has agreed to help a qualifying patient in his or her medical use of
12tetrahydrocannabinols.
SB377,27,15 13(6) “Qualifying patient" means a person who has been diagnosed by a physician
14as having or undergoing a debilitating medical condition or treatment but does not
15include a person under the age of 18 years unless all of the following apply:
SB377,27,1816 (a) The person's physician has explained the potential risks and benefits of the
17medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
18individual who has legal custody of the person.
SB377,27,2019 (b) The parent, guardian, or individual who has legal custody of the person
20provides the physician a written statement consenting to do all of the following:
SB377,27,2121 1. Allow the person's medical use of tetrahydrocannabinols.
SB377,27,2222 2. Serve as a primary caregiver for the person.
SB377,27,2323 3. Manage the person's medical use of tetrahydrocannabinols.
SB377,27,24 24(7) “Registry identification card" has the meaning given in s. 146.44 (1) (h).
SB377,28,2
1(8) “Treatment team" means a qualifying patient and his or her primary
2caregivers.
SB377,28,3 3(9) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB377,28,5 4(10) “Written certification" means a statement made by a person's physician
5if all of the following apply:
SB377,28,96 (a) The statement indicates that, in the physician's professional opinion, the
7person has or is undergoing a debilitating medical condition or treatment and the
8potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a)
9would likely outweigh the health risks for the person.
SB377,28,1310 (b) The statement indicates that the opinion described in par. (a) was formed
11after a full assessment, conducted no more than 6 months prior to making the
12statement and made in the course of a bona fide physician-patient relationship, of
13the person's medical history and current medical condition.
SB377,28,1514 (c) The statement is signed by the physician or is contained in the person's
15medical records.
SB377,28,1716 (d) The statement contains an expiration date that is no more than 48 months
17after issuance and the statement has not expired.
SB377,28,19 1850.81 Departmental powers and duties. (1) The department shall provide
19licensing, regulation, record keeping, and security for compassion centers.
SB377,29,2 20(2) Notwithstanding s. 227.12 (1), any person may petition the department to
21promulgate a rule to designate a medical condition or treatment as a debilitating
22medical condition or treatment. The department shall promulgate rules providing
23for public notice of and a public hearing regarding any such petition, with the public
24hearing providing persons an opportunity to comment upon the petition. After the
25hearing, but no later than 180 days after the submission of the petition, the

1department shall approve or deny the petition. The department's decision to approve
2or deny a petition is subject to judicial review under s. 227.52.
SB377,29,5 350.82 Licensing. The department shall issue licenses to a pharmacist or a
4pharmacy to operate as a compassion center and shall decide which and how many
5applicants for a license receive a license based on all of the following:
SB377,29,7 6(1) The ability of an applicant to provide to treatment teams a sufficient
7amount of medical marijuana for the medical use of tetrahydrocannabinols.
SB377,29,8 8(2) The experience the applicant has running an organization or a business.
SB377,29,10 9(3) The preferences of the governing bodies with jurisdiction over the area in
10which the applicants are located.
SB377,29,12 11(4) The ability of the applicant to keep records confidential and maintain a safe
12and secure facility.
SB377,29,13 13(5) The ability of the applicant to abide by the prohibitions under s. 50.83.
SB377,29,16 1450.83 Prohibitions. The department may not issue a license to operate as a
15compassion center to, and must revoke a license of, any organization to which any
16of the following applies:
SB377,29,18 17(1) The organization is located within 500 feet of a public or private elementary
18or secondary school, including a charter school.
SB377,29,21 19(2) The compassion center distributes to a treatment team a number of plants
20or an amount in ounces of usable marijuana that, in the period of distribution, results
21in the treatment team possessing more than the maximum medicinal amount.
SB377,29,25 22(3) The compassion center possesses a number of plants or an amount in ounces
23of usable marijuana that exceeds the combined maximum medicinal amount for all
24of the treatment teams that are estimated to use the organization by a number or an
25amount determined by the department by rule to be unacceptable.
SB377,30,3
150.84 Licensing procedure. (1) The application for a license must be in
2writing on a form provided by the department and include the licensing application
3fee under sub. (2) (a).
SB377,30,4 4(2) (a) A licensing application fee is $250.
SB377,30,55 (b) The annual fee for a compassion center is $5,000.
SB377,30,8 6(3) A compassion center license is valid until revoked. Each license shall be
7issued only for the applicant named in the application and may not be transferred
8or assigned.
SB377,30,13 950.85 Distribution of medical marijuana. (1) A compassion center may
10sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for
11the storage or use of usable marijuana to a member of a treatment team if the
12compassion center receives a copy of the qualifying patient's written certification or
13registry identification card.
SB377,30,15 14(2) A compassion center may possess or manufacture tetrahydrocannabinols
15or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).
SB377,30,17 16(3) A compassion center may have 2 locations, one for cultivation and one for
17sales, distribution, or delivery.
SB377,30,23 18(4) A compassion center shall have all tetrahydrocannabinols tested for mold,
19fungus, pesticides, and other contaminants and may not sell, distribute, or deliver
20tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other
21contaminants if the contaminants, or level of contaminants, are identified by the
22testing laboratories under s. 50.86 (2) to be potentially unsafe to a qualifying
23patient's health.
SB377,30,24 24(5) A compassion center may cultivate marijuana outdoors.
SB377,31,4
150.86 Testing laboratories. The department shall register entities as
2tetrahydrocannabinols testing laboratories. The laboratories may possess or
3manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
4following services:
SB377,31,6 5(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
6potency and for mold, fungus, pesticides, and other contaminants.
SB377,31,9 7(2) Collect information on research findings and conduct research related to
8the medical use of tetrahydrocannabinols, including research that identifies
9potentially unsafe levels of contaminants.
SB377,31,12 10(3) Provide training to persons who hold registry identification cards or written
11certifications, to treatment teams, and to persons employed by compassion centers
12on the following:
SB377,31,1413 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
14distribution of marijuana for the medical use of tetrahydrocannabinols.
SB377,31,1515 (b) Security and inventory accountability procedures.
SB377,31,1616 (c) The most recent research on the medical use of tetrahydrocannabinols.
SB377,69 17Section 69 . Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes
18is renumbered subchapter VII (title) of chapter 50 [precedes 50.90].
SB377,70 19Section 70 . 51.49 (1) (d) of the statutes is amended to read:
SB377,31,2220 51.49 (1) (d) “Operating while intoxicated" means a violation of s. 346.63 (1) or,
21(2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
22940.09 (1) or 940.25.
SB377,71 23Section 71 . 59.54 (25) (title) of the statutes is amended to read:
SB377,31,2424 59.54 (25) (title) Possession Regulation of marijuana.
SB377,72 25Section 72 . 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB377,32,9
159.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
2the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
3s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
4is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
5an allegation of possession of more than 25 grams of marijuana, or possession of any
6amount of marijuana following a conviction in this state for possession of marijuana

7alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
8may not be prosecuted under this subsection for the same action that is the subject
9of the complaint unless all of the following occur:
SB377,73 10Section 73 . 66.0107 (1) (bm) of the statutes is amended to read:
SB377,32,2011 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
12marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
13(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
14with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation
15of possession of more than 25 grams of marijuana, or possession of any amount of
16marijuana following a conviction in this state for possession of marijuana
alleging
17a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4.
, the subject of the complaint may not
18be prosecuted under this paragraph for the same action that is the subject of the
19complaint unless the charges are dismissed or the district attorney declines to
20prosecute the case.
SB377,74 21Section 74 . 66.0414 of the statutes is created to read:
SB377,32,24 2266.0414 Cultivation of tetrahydrocannabinols. No city, village, town, or
23county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
24by one of the following:
SB377,32,25 25(1) A compassion center, as defined in s. 50.80 (1).
SB377,33,3
1(2) A person who is cultivating tetrahydrocannabinols for the medical use of
2tetrahydrocannabinols, as defined in s. 50.80 (4), if the amount does not exceed the
3maximum medicinal amount, as defined in s. 50.80 (3).
SB377,33,5 4(3) An individual who has no more than 6 marijuana plants at one time for his
5or her personal use.
SB377,75 6Section 75 . 77.52 (13) of the statutes is amended to read:
SB377,33,187 77.52 (13) For the purpose of the proper administration of this section and to
8prevent evasion of the sales tax it shall be presumed that all receipts are subject to
9the tax until the contrary is established. The burden of proving that a sale of tangible
10personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
11is not a taxable sale at retail is upon the person who makes the sale unless that
12person takes from the purchaser an electronic or a paper certificate, in a manner
13prescribed by the department, to the effect that the property, item, good, or service
14is purchased for resale or is otherwise exempt, except that no certificate is required
15for the sale of tangible personal property, or items, property, or goods under sub. (1)
16(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
17(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
18(51), (52), (66), and (67), and (69).
SB377,76 19Section 76 . 77.53 (10) of the statutes is amended to read:
SB377,34,720 77.53 (10) For the purpose of the proper administration of this section and to
21prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
22tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
23(d), or taxable services sold by any person for delivery in this state is sold for storage,
24use, or other consumption in this state until the contrary is established. The burden
25of proving the contrary is upon the person who makes the sale unless that person

1takes from the purchaser an electronic or paper certificate, in a manner prescribed
2by the department, to the effect that the property, or items, property, or goods under
3s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
4exempt from the tax, except that no certificate is required for the sale of tangible
5personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
6services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
7(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (69).
SB377,77 8Section 77 . 77.54 (69) of the statutes is created to read:
SB377,34,119 77.54 (69) The sales price from the sale of and the storage, use, or other
10consumption of usable marijuana, as defined in s. 139.97 (13), provided by a
11compassion center, as defined in s. 50.80 (1).
SB377,78 12Section 78 . 94.56 of the statutes is created to read:
SB377,34,14 1394.56 Marijuana producers and processors. (1) Definitions. In this
14section:
SB377,34,1715 (a) “Labor peace agreement” means an agreement between a person applying
16for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
17that does all of the following:
SB377,34,2018 1. Prohibits labor organizations and its members from engaging in picketing,
19work stoppages, boycotts, and any other economic interference with persons doing
20business in this state.
SB377,34,2221 2. Prohibits the applicant from disrupting the efforts of the labor organization
22to communicate with and to organize and represent the applicant's employees.
SB377,35,223 3. Provides the labor organization access at reasonable times to areas in which
24the applicant's employees work for the purpose of meeting with employees to discuss

1their right to representation, employment rights under state law, and terms and
2conditions of employment.
SB377,35,33 (b) “Marijuana" has the meaning given in s. 961.70 (3).
SB377,35,44 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
SB377,35,55 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
SB377,35,66 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
SB377,35,87 (f) “Permittee” means a marijuana producer or marijuana processor who is
8issued a permit under this section.
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