If a person who is at least 21 violates the prohibition on selling, or possessing
with the intent to sell, marijuana, the person is guilty of a misdemeanor and subject
to a fine of not more than $500 if the violation involves not more than one ounce of
marijuana, the person is guilty of a misdemeanor and subject to a fine of not more
than $1,000 if the violation involves more than one ounce but not more than 10
ounces, the person is guilty of a misdemeanor and subject to a fine of not more than
$5,000 if the violation involves more than 10 ounces but not more than 15 ounces, and
the person is guilty of a Class I felony if the violation involves more than 15 ounces.
If a person who is at least 21 violates the prohibition on selling, or possessing with
the intent to sell, marijuana and the recipient is under 21 and at least three years
younger than the person, then the person is guilty of a misdemeanor and subject to
fine of not more than $1,000 or imprisonment for up to 90 days or both if the violation
involves not more than five ounces and is guilty of a Class H felony if the violation
involves more than five ounces. If a person who is under 21 violates the prohibition
on selling, or possessing with the intent to sell, marijuana, the person is subject to
a forfeiture of not more than $100 if the violation involves not more than five ounces,
guilty of a misdemeanor and subject to a fine of not more than $500 if the violation
involves more than five ounces but not more than 20 ounces, and guilty of a
misdemeanor and subject to a fine of not more than $1,000 or imprisonment for not
more than 90 days or both if the violation involves more than 20 ounces. The
prohibition on sales does not apply to a sale of not more than one-quarter of an ounce
to a person who is at least 21 if the compensation the seller receives for the sale is
less than or equal to the amount the seller paid for the marijuana.
If a person who is at least 21 violates the prohibition on distributing, or
possessing with the intent to distribute, marijuana, the person is subject to a
forfeiture of not more than $250 if the violation involves not more than five ounces
of marijuana, and the person is guilty of a misdemeanor and subject to a fine of not
more than $500 if the violation involves more than five ounces. If a person who is
at least 21 violates the prohibition on distributing, or possessing with the intent to
distribute, marijuana and the recipient is under 21 and at least three years younger
than the person, then the person is guilty of a misdemeanor and subject to a fine of
not more than $1,000 or imprisonment for up to 90 days or both if the violation
involves not more than five ounces and is guilty of a Class H felony if the violation
involves more than five ounces. If a person who is under 21 violates the prohibition
on distributing, or possessing with the intent to distribute, marijuana, the person is
subject to a forfeiture of not more than $100 if the violation involves not more than
five ounces, guilty of a misdemeanor and subject to a fine of not more than $500 if
the violation involves more than five ounces but not more than 20 ounces, and guilty
of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for
not more than 90 days or both if the violation involves more than 20 ounces. The
prohibition on distribution does not apply if the distribution involves not more than
one-quarter of an ounce and is to a person who is at least 21 or if the distribution
involves less than five ounces and is made to a person who cohabitates with the
distributor.
The bill requires a person to obtain separate permits from DOR to produce,
process, distribute, or sell marijuana or to sell marijuana for on-premises
consumption (marijuana lounge), and requires marijuana producers and processors
to obtain additional permits from the Department of Agriculture, Trade and
Consumer Protection. The requirements for obtaining these permits differ based on
whether the permit is issued by DOR or DATCP but, in general, a person may not
obtain such a permit if he or she is not a state resident, is under the age of 21, or has
been convicted of certain crimes or committed certain offenses. In addition, a person
may not operate under a DOR or DATCP permit within 500 feet of a school,
playground, recreation facility, child care facility, public park, public transit facility,
or library, and a person may not operate a marijuana lounge unless the municipality
or county in which the marijuana lounge is located has enacted an ordinance
authorizing such operation. A person who holds a permit from DOR must also
comply with certain operational requirements.
Under the bill, a permit applicant with 20 or more employees may not receive
a permit from DATCP or DOR unless the applicant certifies that the applicant has
entered into a labor peace agreement with a labor organization. The labor peace
agreement prohibits the labor organization and its members from engaging in any
economic interference with persons doing business in this state, prohibits the
applicant from disrupting the efforts of the labor organization to communicate with
and to organize and represent the applicant's employees, and provides the labor
organization access to areas in which the employees work to discuss employment
rights and the terms and conditions of employment. Current law prohibits the state
and any local unit of government from requiring a labor peace agreement as a
condition for any regulatory approval. The permit requirements under the bill are
not subject to that prohibition.
The bill also requires DATCP and DOR to use a competitive scoring system to
determine which applicants are eligible to receive permits. Each department must
issue permits to the highest scoring applicants that it determines will best protect
the environment; provide stable, family-supporting jobs to local residents; ensure
worker and consumer safety; operate secure facilities; and uphold the laws of the
jurisdictions in which they operate. Each department may deny a permit to an
applicant with a low score.
The bill prohibits a DOR permittee from selling, distributing, or transferring
marijuana to a minor and from allowing a minor to be on premises for which a permit
is issued. If a permittee violates one of those prohibitions, the permittee may be
subject to a civil forfeiture of not more than $500 and the permit may be suspended
for up to 90 days.
Under the bill, a minor, except a minor who is a qualifying patient, who does
any of the following is subject to a forfeiture of not more than $250: procures or
attempts to procure marijuana from a permittee; falsely represents his or her age or
falsely represents that he or she is a qualifying patient to receive marijuana from a
permittee; or knowingly enters any premises for which a permit has been issued
without being accompanied by his or her parent, guardian, or spouse who is at least
21 years of age.
Under the bill, an individual may cultivate as many as six marijuana plants.
Only a person who has a permit from DATCP may produce or process more
marijuana plants. A person without a permit who possesses more than six but not
more than 12 marijuana plants that have reached the flowering stage is subject to
a forfeiture not to exceed twice the permitting fee ($250 under the bill). If the person
possesses more than 12 plants that have reached the flowering stage, the person is
guilty of a misdemeanor and subject to a fine not to exceed $1,000 or imprisonment
not to exceed 90 days or both. The person is guilty of a Class I felony if the person
also takes action to hide the number of plants he or she has and the person also has
in place a security system to alert him or her to the presence of law enforcement or
a method to intimidate, or a system that could injure or kill, a person approaching
the area containing the plants.
The bill requires DOR to create and maintain a medical marijuana registry
program whereby a person who is a qualifying patient may obtain a registry
identification card and purchase marijuana from a retail establishment without
having to pay the sales or excise taxes imposed on that sale. A “qualifying patient”
is a person who has been diagnosed by a physician as having a debilitating medical
condition such as cancer, glaucoma, AIDS, or another specified condition or is
undergoing a debilitating medical treatment.
Previous convictions relating to marijuana
The bill requires the director of state courts to review records of acts that have
been decriminalized under the bill. If a record is for a conviction for an act that the
bill decriminalizes or lessens the penalty for, the sentencing court must be notified.
If the act was a misdemeanor, the court must dismiss the conviction and expunge the
record or, if applicable, redesignate it to a lesser crime. If the act was a felony, the
court must determine if it is in the public interest to dismiss the conviction and
expunge the record or, if applicable, redesignate it to a lesser crime. The presumption
is that such actions are in the public interest unless there is clear and convincing
evidence that the actions would create a risk to public safety. If the felony is
expunged or redesignated to a misdemeanor or civil forfeiture, the sentencing court
must determine if there is good cause to restore the person's right to possess a
firearm. Finally, if the record is for an arrest or a charge for an act that the bill
decriminalizes or lessens the penalty for, the director of state courts must expunge
such records.
Registration for THC testing labs
The bill requires DATCP to register entities as tetrahydrocannabinols
(THC)-testing laboratories. The laboratories must test marijuana for contaminants;
research findings on the use of medical marijuana; and provide training on safe and
efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana,
security and inventory accountability, and research on medical marijuana.
Discrimination based on marijuana use
Under the fair employment law, no employer or other person may engage in any
act of employment discrimination against any individual on the basis of the
individual's use or nonuse of lawful products off the employer's premises during
nonworking hours, subject to certain exceptions, one of which is if the use impairs
the individual's ability to undertake adequately the job-related responsibilities of
that individual's employment. The bill specifically defines marijuana as a lawful
product for purposes of the fair employment law, such that no person may engage in
any act of employment discrimination against an individual because of the
individual's use of marijuana off the employer's premises during nonworking hours,
subject to those exceptions.
Under current law, an individual may be disqualified from receiving
unemployment insurance benefits if he or she is terminated because of misconduct
or substantial fault. The bill specifically provides that an employee's use of
marijuana off the employer's premises during nonworking hours does not constitute
misconduct or substantial fault unless termination for that use is permitted under
one of the exceptions under the fair employment law.
Unless federal law requires otherwise, the bill prohibits a hospital, physician,
organ procurement organization, or other person from determining the ultimate
recipient of an anatomical gift on the sole basis of a positive test for the use of
marijuana by a potential recipient.
Drug screening and testing
The bill exempts THC, including marijuana, from drug testing for certain
public assistance programs. Currently, a participant in a community service job or
transitional placement under the Wisconsin Works program (W2) or a recipient of
the FoodShare program, also known as the food stamp program, who is convicted of
possession, use, or distribution of a controlled substance must submit to a test for
controlled substances as a condition of continued eligibility. The Department of
Health Services is currently required to request a waiver of federal Medicaid law to
require drug screening and testing as a condition of eligibility for the childless adult
demonstration project in the Medical Assistance program. Current law also requires
DHS to promulgate rules to develop and implement a drug screening, testing, and
treatment policy for able-bodied adults without dependents in the FoodShare
employment and training program. The bill exempts THC from all of those
drug-testing requirements and programs. In addition, because THC is not a
controlled substance under state law under the bill, the requirement under current
law that the Department of Children and Families promulgate rules to create a
controlled substance abuse screening and testing requirement for applicants for the
work experience program for noncustodial parents under W2 and the Transform
Milwaukee Jobs and Transitional Jobs programs does not include THC.
Under current law, the Department of Workforce Development must establish
a program to test claimants who apply for unemployment insurance benefits for the
presence of controlled substances, as defined under federal law. If a claimant tests
positive for a controlled substance, the claimant may be denied UI benefits, subject
to certain exceptions and limitations. The bill excludes THC for purposes of this
testing requirement. As such, under the bill, an individual who tests positive for
THC may not be denied UI benefits.
Equity grants and program for law enforcement training
The bill provides for a number of grants to be paid from the revenue generated
from the excise tax on marijuana that is deposited into the community reinvestment
fund. For example, the bill requires the Department of Administration to provide
grants to public, private, and nonprofit entities in this state that promote diversity
and advance equity and inclusion, including promoting the inclusion of women and
racial and ethnic minorities in the production and sale of marijuana. In addition, the
bill directs DHS to award grants to community organizations to implement
community health worker care models. The bill also directs DHS to award grants
to community organizations and local or tribal health departments to hire health
equity strategists and to implement health equity action plans in small geographic
areas.
The bill appropriates $125,000 in fiscal year 2023-24 and $250,000 in fiscal
year 2024-25 for the Department of Transportation's Drug Evaluation and
Classification Program. The program provides training for law enforcement officers
and others in the recognition of drug influence and impairment.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB506,1
1Section 1
. 16.282 of the statutes is created to read:
AB506,8,5
116.282 Equity grants. The department shall develop and administer a grants
2program to provide grants to public, private, and nonprofit entities in this state that
3promote diversity and advance equity and inclusion, including promoting the
4inclusion of women and racial and ethnic minorities in the production and sale of
5marijuana.
AB506,3
1Section
3. 20.115 (7) (gc) of the statutes is amended to read:
AB506,9,42
20.115
(7) (gc)
Industrial hemp
and marijuana. All moneys received under s.
394.55 for regulation of activities relating to industrial hemp under s. 94.55
and to
4marijuana under s. 94.56.
AB506,4
5Section 4
. 20.115 (7) (ge) of the statutes is created to read:
AB506,9,96
20.115
(7) (ge)
Marijuana producers and processors; official logotype. All
7moneys received under s. 94.56 for regulation of activities relating to marijuana
8under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
9the creation of a logotype under s. 100.145.
AB506,5
1Section
5. 20.192 (1) (t) of the statutes is created to read:
AB506,10,42
20.192
(1) (t)
Underserved community grants. From the community
3reinvestment fund, the amounts in the schedule for the purpose of providing
4underserved community grants under s. 238.139.
AB506,6
5Section 6
. 20.255 (2) (r) of the statutes is created to read:
AB506,10,86
20.255
(2) (r)
Sparsity aid; community reinvestment fund supplement. From
7the community reinvestment fund, the amounts in the schedule for sparsity aid to
8school districts under s. 115.436.
AB506,7
9Section 7
. 20.395 (5) (db) of the statutes is created to read:
AB506,10,1210
20.395
(5) (db)
Drug evaluation and classification program. From the general
11fund, the amounts in the schedule for the drug evaluation and classification
12program.
AB506,8
13Section 8
. 20.435 (1) (s) of the statutes is created to read:
AB506,10,1514
20.435
(1) (s)
Health equity grants. From the community reinvestment fund,
15the amounts in the schedule for health equity grants under s. 250.22.
AB506,9
16Section
9. 20.437 (3) (r) of the statutes is created to read:
AB506,10,1917
20.437
(3) (r)
Diversity, equity, and inclusion grants; community reinvestment
18fund supplement. From the community reinvestment fund, the amounts in the
19schedule for diversity, equity, and inclusion grants under s. 48.47 (20).
AB506,10
20Section 10
. 20.505 (1) (t) of the statutes is created to read:
AB506,10,2421
20.505
(1) (t)
Equity grants; community reinvestment fund. From the
22community reinvestment fund, the amounts in the schedule for the purpose of
23providing grants to promote diversity and advance equity and inclusion under s.
2416.282.
AB506,11
25Section 11
. 20.566 (1) (bn) of the statutes is created to read:
AB506,11,5
120.566
(1) (bn)
Administration and enforcement of marijuana tax and
2regulation. The amounts in the schedule for the purposes of administering the
3marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
4enforcing the taxing and regulation of marijuana producers, marijuana processors,
5marijuana retailers, and operators of marijuana lounges under subch. IV of ch. 139.
AB506,12
6Section
12. 20.835 (2) (eq) of the statutes is created to read:
AB506,11,87
20.835
(2) (eq)
Marijuana tax refunds. A sum sufficient to pay refunds under
8subchapter IV of chapter 139.
AB506,13
9Section
13. 25.316 of the statutes is created to read:
AB506,11,13
1025.316 Community reinvestment fund. There is established a separate
11nonlapsible trust fund, designated the community reinvestment fund consisting of
1260 percent of all moneys received under subch. IV of ch. 139, including interest and
13penalties.
AB506,14
14Section
14. 48.47 (20) of the statutes is created to read:
AB506,11,1715
48.47
(20) Diversity, equity, and inclusion grants. From the appropriation
16account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities
17that promote diversity and advance equity and inclusion.
AB506,15
18Section 15
. 49.148 (4) (a) of the statutes is amended to read:
AB506,12,819
49.148
(4) (a) A Wisconsin
works
Works agency shall require a participant in
20a community service job or transitional placement who, after August 22, 1996, was
21convicted in any state or federal court of a felony that had as an element possession,
22use or distribution of a controlled substance to submit to a test for use of a controlled
23substance as a condition of continued eligibility. If the test results are positive, the
24Wisconsin
works Works agency shall decrease the presanction benefit amount for
25that participant by not more than 15 percent for not fewer than 12 months, or for the
1remainder of the participant's period of participation in a community service job or
2transitional placement, if less than 12 months. If, at the end of 12 months, the
3individual is still a participant in a community service job or transitional placement
4and submits to another test for use of a controlled substance and if the results of the
5test are negative, the Wisconsin
works Works agency shall discontinue the reduction
6under this paragraph.
In this subsection, “controlled substance” does not include
7tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
8marijuana, obtained from marijuana, or chemically synthesized.
AB506,16
9Section 16
. 49.79 (1) (b) of the statutes is amended to read:
AB506,12,1310
49.79
(1) (b) “Controlled substance" has the meaning given in
21 USC 802 (6)
,
11except that “controlled substance” does not include tetrahydrocannabinols in any
12form, including tetrahydrocannabinols contained in marijuana, obtained from
13marijuana, or chemically synthesized.
AB506,17
14Section 17
. 59.54 (25) (title) of the statutes is amended to read:
AB506,12,1515
59.54
(25) (title)
Possession Regulation of marijuana.
AB506,18
16Section 18
. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB506,12,2517
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
18the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
19s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
20is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
21an allegation of possession of more than 25 grams of marijuana, or possession of any
22amount of marijuana following a conviction in this state for possession of marijuana 23alleging a violation of s. 961.72 (2) (a) 3. b. or (c) 3., the subject of the complaint may
24not be prosecuted under this subsection for the same action that is the subject of the
25complaint unless all of the following occur:
AB506,19
1Section
19. 66.0107 (1) (bm) of the statutes is amended to read:
AB506,13,112
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
3marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
4(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
5with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
6of possession of more than 25 grams of marijuana, or possession of any amount of
7marijuana following a conviction in this state for possession of marijuana alleging
8a violation of s. 961.72 (2) (a) 3. b. or (c) 3., the subject of the complaint may not be
9prosecuted under this paragraph for the same action that is the subject of the
10complaint unless the charges are dismissed or the district attorney declines to
11prosecute the case.
AB506,20
12Section 20
. 66.04185 of the statutes is created to read:
AB506,13,16
1366.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
14county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
15by an individual who has no more than 6 marijuana plants at one time for his or her
16personal use.
AB506,21
17Section
21. 73.17 of the statutes is created to read:
AB506,13,19
1873.17 Medical marijuana registry program. (1) Definitions. In this
19section:
AB506,13,2020
(a) “Debilitating medical condition or treatment” means any of the following:
AB506,14,221
1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
22the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
23inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
24hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
1patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
2treatment of these conditions.
AB506,14,63
2. A chronic or debilitating disease or medical condition or the treatment of
4such a disease or condition that causes cachexia, severe pain, severe nausea,
5seizures, including those characteristic of epilepsy, or severe and persistent muscle
6spasms, including those characteristic of multiple sclerosis.
AB506,14,77
(b) “Department” means the department of revenue.
AB506,14,88
(c) “Physician” means a person licensed under s. 448.04 (1) (a).
AB506,14,109
(d) “Qualifying patient” means a person who has been diagnosed by a physician
10as having or undergoing a debilitating medical condition or treatment.
AB506,14,1211
(e) “Tax exemption certificate” means a certificate to claim the exemption under
12s. 77.54 (71).
AB506,14,1313
(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB506,14,1514
(g) “Written certification” means means a statement made by a person's
15physician if all of the following apply:
AB506,14,1916
1. The statement indicates that, in the physician's professional opinion, the
17person has or is undergoing a debilitating medical condition or treatment and the
18potential benefits of the person's use of usable marijuana would likely outweigh the
19health risks for the person.
AB506,14,2320
2. The statement indicates that the opinion described in subd. 1. was formed
21after a full assessment of the person's medical history and current medical condition
22that was conducted no more than 6 months prior to making the statement and that
23was made in the course of a bona fide physician-patient relationship.
AB506,14,2524
3. The statement is signed by the physician or is contained in the person's
25medical records.
AB506,15,2
14. The statement contains an expiration date that is no more than 48 months
2after issuance and the statement has not expired.
AB506,15,43
5. If the person has not attained the age of 18 years, the statement is signed
4by the person's parent or guardian.
AB506,15,7
5(2) Application. A person who is claiming to be a qualifying patient may apply
6for a registry identification card by submitting to the department a signed
7application form containing or accompanied by all of the following:
AB506,15,88
(a) His or her name, address, and date of birth.
AB506,15,99
(b) A written certification.
AB506,15,1110
(c) The name, address, and telephone number of the person's current physician,
11as listed in the written certification.
AB506,15,1312
(d) If the person has not attained the age of 18 years, a signature of a parent
13or guardian of the person.