SB1035,28 3Section 28 . 289.33 (3) (d) of the statutes is amended to read:
SB1035,27,214 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
5authorization, approval, variance or exception or any restriction, condition of
6approval or other restriction, regulation, requirement or prohibition imposed by a
7charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
8a town, city, village, county or special purpose district, including without limitation
9because of enumeration any ordinance, resolution or regulation adopted under s.
1091.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
11(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
12(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
13(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
14(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
15(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1659.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
17(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
18and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
1961.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2087.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
21of ch. 91.
SB1035,29 22Section 29 . 349.02 (2) (b) 4. of the statutes is amended to read:
SB1035,27,2423 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
2466.0107 (1) (bm).
SB1035,30 25Section 30 . 450.03 (1) (em) of the statutes is created to read:
SB1035,28,2
1450.03 (1) (em) Any person acting within the scope of a valid medical cannabis
2producer, processor, or dispensary license under s. 94.57.
SB1035,31 3Section 31 . 450.03 (1) (ep) of the statutes is created to read:
SB1035,28,54 450.03 (1) (ep) An individual who plants, grows, cultivates, or harvests no more
5than 12 cannabis plants if the individual is any of the following:
SB1035,28,76 1. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
7to provide medical cannabis for his or her own use.
SB1035,28,98 2. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
9to provide medical cannabis for his or her qualifying patient.
SB1035,32 10Section 32. 450.07 (1) of the statutes is amended to read:
SB1035,28,1511 450.07 (1) Except as provided under sub. subs. (1m) and (1s), no person may
12engage in manufacturing in this state unless the person obtains a manufacturer's
13license from the board. For the issuance of a license under this subsection, the
14applicant shall pay the initial credential fee determined by the department under s.
15440.03 (9) (a).
SB1035,33 16Section 33 . 450.07 (1s) of the statutes is created to read:
SB1035,28,1917 450.07 (1s) (a) No license under this section is required for a person acting
18within the scope of a valid medical cannabis producer, processor, or dispensary
19license under s. 94.57.
SB1035,28,2220 (b) No license under this section is required for an individual who plants, grows,
21cultivates, or harvests no more than 12 cannabis plants if the individual is any of the
22following:
SB1035,28,2423 1. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
24to provide medical cannabis for his or her own use.
SB1035,29,2
12. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
2to provide medical cannabis for his or her qualifying patient.
SB1035,34 3Section 34 . 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and
4amended to read:
SB1035,29,75 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the
6wholesale distribution of a prescription drug in this state without obtaining a license
7from the board for each facility from which the person distributes prescription drugs.
SB1035,29,12 8(b) 1. The board shall exempt from the licensure requirement under this section
9a manufacturer that distributes prescription drugs or devices manufactured by the
10manufacturer from licensing and other requirements under this section to the extent
11the license or requirement is not required under federal law or regulation, unless the
12board determines that it is necessary to apply a requirement to a manufacturer.
SB1035,35 13Section 35 . 450.071 (1) (b) 2. and 3. of the statutes are created to read:
SB1035,29,1614 450.071 (1) (b) 2. No license under this section is required for a person acting
15within the scope of a valid medical cannabis producer, processor, or dispensary
16license under s. 94.57.
SB1035,29,1917 3. No license under this section is required for an individual who plants, grows,
18cultivates, or harvests no more than 12 cannabis plants if the individual is any of the
19following:
SB1035,29,2120 a. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
21to provide medical cannabis for his or her own use.
SB1035,29,2322 b. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
23to provide medical cannabis for his or her qualifying patient.
SB1035,36 24Section 36. 767.41 (5) (am) (intro.) of the statutes, as affected by 2021
25Wisconsin Act 37
, is amended to read:
SB1035,30,7
1767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
2legal custody and periods of physical placement, the court shall consider all facts
3relevant to the best interest of the child. The court may not prefer one parent or
4potential custodian over the other on the basis of the sex or race of the parent or
5potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider
6all of the following factors, which are not necessarily listed in order of importance,
7in making its determination:
SB1035,37 8Section 37 . 767.41 (5) (d) of the statutes is created to read:
SB1035,30,159 767.41 (5) (d) The court may not consider as a factor in determining the legal
10custody of a child whether a parent or potential custodian holds, or has applied for,
11a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
12of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying
13patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44
14(1) (d), unless the parent or potential custodian's behavior creates an unreasonable
15danger to the child that can be clearly articulated and substantiated.
SB1035,38 16Section 38 . 767.451 (5m) (a) of the statutes is amended to read:
SB1035,30,2017 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify
18legal custody or physical placement orders, the court shall consider the factors under
19s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
20a manner consistent with s. 767.41.
SB1035,39 21Section 39 . 767.451 (5m) (d) of the statutes is created to read:
SB1035,31,422 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
23consider as a factor in making a determination whether a parent or potential
24custodian holds, or has applied for, a registry identification card, as defined in s.
25146.44 (1) (g), is or has been the subject of a written certification, as defined in s.

1146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or
2a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential
3custodian's behavior creates an unreasonable danger to the child that can be clearly
4articulated and substantiated.
SB1035,40 5Section 40 . 961.01 (5m) of the statutes is created to read:
SB1035,31,76 961.01 (5m) “Debilitating medical condition or treatment" has the meaning
7given in s. 146.44 (1) (b).
SB1035,41 8Section 41 . 961.01 (12v) of the statutes is created to read:
SB1035,31,119 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor
10area that is capable of being locked or that requires a security device and that permits
11access only by a member of a treatment team.
SB1035,42 12Section 42 . 961.01 (14c) of the statutes is created to read:
SB1035,31,1413 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants
14and 3 ounces of usable cannabis.
SB1035,43 15Section 43 . 961.01 (14g) of the statutes is created to read:
SB1035,31,1616 961.01 (14g) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
SB1035,44 17Section 44 . 961.01 (17k) of the statutes is created to read:
SB1035,31,1918 961.01 (17k) “Out-of-state registry identification card" has the meaning given
19in s. 146.44 (1) (cm).
SB1035,45 20Section 45 . 961.01 (19m) of the statutes is created to read:
SB1035,31,2121 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
SB1035,46 22Section 46 . 961.01 (20hm) of the statutes is created to read:
SB1035,31,2323 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
SB1035,47 24Section 47 . 961.01 (20ht) of the statutes is created to read:
SB1035,32,2
1961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44
2(1) (g).
SB1035,48 3Section 48 . 961.01 (20t) of the statutes is created to read:
SB1035,32,54 961.01 (20t) “Treatment team" means a qualifying patient and his or her
5primary caregivers.
SB1035,49 6Section 49 . 961.01 (21f) of the statutes is created to read:
SB1035,32,87 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not
8include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.
SB1035,50 9Section 50 . 961.01 (21t) of the statutes is created to read:
SB1035,32,1010 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).
SB1035,51 11Section 51 . 961.436 of the statutes is created to read:
SB1035,32,15 12961.436 Medical cannabis defense. (1) A member of a qualifying patient's
13treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for
14manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if
15all of the following apply:
SB1035,32,1716 (a) The manufacture or possession is by the treatment team to use medical
17cannabis.
SB1035,32,1818 (b) The amount of cannabis does not exceed the maximum authorized amount.
SB1035,32,2119 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
20of a qualifying patient's treatment team is accessing the plants or has the plants in
21his or her possession.
SB1035,32,2322 (d) If the member is a primary caregiver, he or she is not a primary caregiver
23to more than 10 qualifying patients.
SB1035,33,2 24(2) A member of a qualifying patient's treatment team has a defense to
25prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or

1possessing with intent to distribute or deliver, tetrahydrocannabinols to another
2member of the treatment team if all of the following apply:
SB1035,33,43 (a) The distribution, delivery, or possession is by the treatment team to use
4medical cannabis.
SB1035,33,55 (b) The amount of cannabis does not exceed the maximum authorized amount.
SB1035,33,86 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
7of a qualifying patient's treatment team is accessing the plants or has the plants in
8his or her possession.
SB1035,33,109 (d) If the member is a primary caregiver, he or she is not a primary caregiver
10to more than 10 qualifying patients.
SB1035,33,13 11(3) (a) Except as provided in par. (b), a member of a qualifying patient's
12treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
13following apply:
SB1035,33,1514 1. The possession or attempted possession is by the treatment team to use
15medical cannabis.
SB1035,33,1616 2. The amount of cannabis does not exceed the maximum authorized amount.
SB1035,33,1917 3. Any live cannabis plants are in a lockable, enclosed facility unless a member
18of a qualifying patient's treatment team is accessing the plants or has the plants in
19his or her possession.
SB1035,33,2120 4. If the member is a primary caregiver, he or she is not a primary caregiver
21to more than 10 qualifying patients.
SB1035,33,2322 (b) A person may not assert the defense described in par. (a) if, while he or she
23possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
SB1035,34,3
11. The person drives or operates a motor vehicle while under the influence of
2tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
3with s. 346.63 (1).
SB1035,34,64 2. While under the influence of tetrahydrocannabinols, the person operates
5heavy machinery or engages in any other conduct that endangers the health or
6well-being of another person.
SB1035,34,77 3. The person smokes cannabis in, on, or at any of the following places:
SB1035,34,88 a. A school bus or a public transit vehicle.
SB1035,34,99 b. The person's place of employment.
SB1035,34,1010 c. Public or private school premises.
SB1035,34,1111 d. A juvenile correctional facility.
SB1035,34,1212 e. A jail or adult correctional facility.
SB1035,34,1313 f. A public park, beach, or recreation center.
SB1035,34,1414 g. A youth center.
SB1035,34,18 15(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
16registry identification card, a valid out-of-state registry identification card, or a
17written certification is presumptive evidence that the element under sub. (1) (a), (2)
18(a), or (3) (a) 1. has been satisfied.
SB1035,35,2 19(5) Notwithstanding s. 227.12 (1), any person may petition the department of
20health services to promulgate a rule to designate a medical condition or treatment
21as a debilitating medical condition or treatment. The department of health services
22shall promulgate rules providing for public notice of and a public hearing regarding
23a petition, with the public hearing providing persons an opportunity to comment
24upon the petition. After the hearing, but no later than 180 days after the submission
25of the petition, the department of health services shall approve or deny the petition.

1The department of health service's decision to approve or deny a petition is subject
2to judicial review under s. 227.52.
SB1035,52 3Section 52 . 961.55 (8) (c), (d) and (e) of the statutes are created to read:
SB1035,35,54 961.55 (8) (c) A valid registry identification card or a valid out-of-state registry
5identification card.
SB1035,35,66 (d) The person's written certification, if the person is a qualifying patient.
SB1035,35,87 (e) A written certification for a qualifying patient for whom the person is a
8primary caregiver.
SB1035,53 9Section 53 . 961.555 (2) (am) 6. of the statutes is amended to read:
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