SB371, s. 6 23Section 6. Subchapter IV of chapter 50 [precedes 50.90] of the statutes is
24renumbered subchapter V of chapter 50.
SB371, s. 7
1Section 7. 59.54 (25) of the statutes is renumbered 59.54 (25) (a) and amended
2to read:
SB371,9,123 59.54 (25) (a) The board may enact and enforce an ordinance to prohibit the
4possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to
5par. (b) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a
6violation of the ordinance; except that any person who is charged with possession of
7more than 25 grams of marijuana, or who is charged with possession of any amount
8of marijuana following a conviction for possession of marijuana, in this state shall
9not be prosecuted under this subsection
. Any ordinance enacted under this
10paragraph shall provide a person who is prosecuted under it with the defenses that
11the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
12(3g) (e)
.
SB371,9,14 13(b) 1. Any ordinance enacted under this subsection par. (a) applies in every
14municipality within the county.
SB371, s. 8 15Section 8. 59.54 (25) (b) 2. of the statutes is created to read:
SB371,9,1816 59.54 (25) (b) 2. A person may not be prosecuted under an ordinance enacted
17under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
18prosecution under s. 961.41 (3g) (e).
SB371, s. 9 19Section 9. 59.54 (25) (b) 3. of the statutes is created to read:
SB371,9,2320 59.54 (25) (b) 3. No person who is charged with possession of more than 25
21grams of marijuana, or who is charged with possession of any amount of marijuana
22following a conviction for possession of marijuana, in this state may be prosecuted
23under an ordinance enacted under par. (a).
SB371, s. 10 24Section 10. 59.54 (25m) of the statutes is amended to read:
SB371,10,10
159.54 (25m) Drug paraphernalia. The board may enact an ordinance to
2prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
3(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
4Any ordinance enacted under this subsection shall provide a person prosecuted
5under it with the defenses that the person has under s. 961.5755 to prosecutions
6under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
7under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
8the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
9961.575 (1).
The board may enforce an ordinance enacted under this subsection in
10any municipality within the county.
SB371, s. 11 11Section 11. 66.0107 (1) (bm) of the statutes is amended to read:
SB371,10,2312 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
1325 grams or less of marijuana, as defined in s. 961.01 (14), subject to this paragraph
14and
the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation
15of the ordinance; except that any. Any ordinance enacted under this paragraph shall
16provide a person prosecuted under it with the defenses that the person has under s.
17961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). A person may not
18be prosecuted under an ordinance enacted under this paragraph if, under s. 968.072
19(2) or (4) (b), the person would not be subject to prosecution under s. 961.41 (3g) (e).
20No
person who is charged with possession of more than 25 grams of marijuana, or
21who is charged with possession of any amount of marijuana following a conviction
22for possession of marijuana, in this state shall not may be prosecuted under this
23paragraph.
SB371, s. 12 24Section 12. 66.0107 (1) (bp) of the statutes is amended to read:
SB371,11,8
166.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
2same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
3(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
4under this paragraph shall provide a person prosecuted under it with the defenses
5that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
6(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
7under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
8to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
SB371, s. 13 9Section 13. 146.40 (1) (bo) of the statutes is amended to read:
SB371,11,1110 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV V
11of ch. 50.
SB371, s. 14 12Section 14. 146.44 of the statutes is created to read:
SB371,11,14 13146.44 Medical Marijuana Registry Program. (1) Definitions. In this
14section:
SB371,11,1615 (a) "Applicant" means a person who is applying for a registry identification card
16under sub. (2) (a).
SB371,11,1817 (b) "Debilitating medical condition or treatment" has the meaning given in s.
18961.01 (5m).
SB371,11,2019 (c) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
20(14g).
SB371,11,2321 (cm) "Out-of-state registry identification card" means a document issued by
22an entity listed in the rule promulgated under sub. (7) (f) that identifies the person
23as a qualifying patient or primary caregiver, or an equivalent designation.
SB371,11,2424 (d) "Primary caregiver" has the meaning given in s. 961.01 (19m).
SB371,11,2525 (e) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
SB371,12,2
1(f) "Registrant" means a person to whom a registry identification card is issued
2under sub. (4).
SB371,12,53 (g) "Registry identification card" means a document issued by the department
4under this section that identifies a person as a qualifying patient or primary
5caregiver.
SB371,12,66 (h) "Written certification" has the meaning given in s. 961.01 (21t).
SB371,12,9 7(2) Application. (a) An adult who is claiming to be a qualifying patient may
8apply for a registry identification card by submitting to the department a signed
9application form containing or accompanied by all of the following:
SB371,12,1010 1. His or her name, address, and date of birth.