Amendment AA3-AB546

LRBa1353/1

JK:amn

2019 - 2020 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO ASSEMBLY BILL 546

February 20, 2020 - Offered by Representatives Anderson, Bowen, Brostoff, Considine, Crowley, Doyle, Emerson, Fields, Goyke, Haywood, Hebl, Hesselbein, Hintz, McGuire, B. Meyers, Milroy, L. Myers, Neubauer, Ohnstad, Pope, Riemer, Sargent, Shankland, Sinicki, Spreitzer, Stubbs, Stuck, Subeck, C. Taylor and Zamarripa.

AB546-AA3,1,1 At the locations indicated, amend the bill as follows:

AB546-AA3,1,4 1. Page 1, line 4: after “services," insert “medical cannabis, providing an exemption from emergency rule procedures, granting rule-making authority, making an appropriation,".

AB546-AA3,1,5 2. Page 2, line 1: before that line insert:

AB546-AA3,1,6 “ Section 1. 20.115 (7) (ge) of the statutes is created to read:

AB546-AA3,1,9 20.115 (7) (ge) Medical cannabis licenses and registration. All moneys received under s. 94.57 (4) to license and regulate producers, processors, and dispensaries, and to register laboratories, under s. 94.57.

AB546-AA3,2 Section 2. 20.435 (1) (gq) of the statutes is created to read:

AB546-AA3,1,13 20.435 (1) (gq) Medical cannabis registry. All moneys received as fees under s. 146.44 (2) (a) 4. and (ac) 3. and (4m), for the purposes of the Medical Cannabis Registry Program under s. 146.44.

AB546-AA3,3 Section 3. 59.54 (25) (a) (intro.) of the statutes is amended to read:

AB546-AA3,2,12 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:

AB546-AA3,4 Section 4. 59.54 (25) (c) of the statutes is created to read:

AB546-AA3,2,16 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).

AB546-AA3,5 Section 5. 59.54 (25m) of the statutes is amended to read:

AB546-AA3,3,2 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.

AB546-AA3,6 Section 6. 66.0107 (1) (bm) of the statutes is amended to read:

AB546-AA3,3,14 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.

AB546-AA3,7 Section 7. 66.0107 (1) (bp) of the statutes is amended to read:

AB546-AA3,3,23 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).

AB546-AA3,8 Section 8. 66.04165 of the statutes is created to read:

AB546-AA3,4,4 66.04165 Medical cannabis. No village, town, city, or county may enact or enforce an ordinance or a resolution that prohibits producing, processing, dispensing, testing, or possessing medical cannabis if those actions are lawfully done by one of the following:

AB546-AA3,4,5 (1) A licensee under s. 94.57.

AB546-AA3,4,8 (2) If the amount of cannabis does not exceed the maximum authorized amount, as defined in s. 961.01 (14c), a person who has a valid registry identification card, as defined in s. 146.44 (1) (g), and is one of the following:

AB546-AA3,4,10 (a) A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions to provide medical cannabis for his or her own use.

AB546-AA3,4,12 (b) A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions to provide medical cannabis for his or her qualifying patient.

AB546-AA3,9 Section 9. 66.1201 (2m) of the statutes is amended to read:

AB546-AA3,4,22 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. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

AB546-AA3,10 Section 10. 66.1213 (3) of the statutes is amended to read:

AB546-AA3,5,7 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. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

AB546-AA3,11 Section 11. 66.1301 (2m) of the statutes is amended to read:

AB546-AA3,5,17 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. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

AB546-AA3,12 Section 12. 66.1331 (2m) of the statutes is amended to read:

AB546-AA3,6,2 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. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

AB546-AA3,13 Section 13. 66.1333 (3) (e) 2. of the statutes is amended to read:

AB546-AA3,6,11 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. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or national origin.

AB546-AA3,14 Section 14. 77.52 (13) of the statutes is amended to read:

AB546-AA3,6,24 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (66), and (67), and (69).

AB546-AA3,15 Section 15. 77.53 (10) of the statutes is amended to read:

AB546-AA3,7,13 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by the department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (69).

AB546-AA3,16 Section 16. 77.54 (69) of the statutes is created to read:

AB546-AA3,7,17 77.54 (69) The sales price from the sales of and the storage, use, or other consumption of medical cannabis and drug paraphernalia delivered or distributed by a dispensary licensed under s. 94.57.

AB546-AA3,17 Section 17. 94.57 of the statutes is created to read:

AB546-AA3,7,19 94.57 Medical cannabis. (1) Definitions. In this section:

AB546-AA3,7,24 (b) “Dispensary” means a person who obtains packaged and labelled medical cannabis from a licensed processor and dispenses that cannabis, and cannabis paraphernalia, at a permanent location to a member of a treatment team holding a valid registry identification card issued under s. 146.44, regardless of whether the dispensing is done in exchange for monetary consideration.

AB546-AA3,8,3 (c) “Laboratory” means a person who obtains medical cannabis from a licensed processor and tests that cannabis for tetrahydrocannabinol content and the presence of molds, pesticides, heavy metals, and other contaminants.

AB546-AA3,8,5 (d) “Licensee” means a producer, processor, or dispensary that holds a valid license under this section.

AB546-AA3,8,6 (e) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

AB546-AA3,8,9 (f) “Medical cannabis" means a cannabis plant or usable cannabis that is intended to be used by a qualifying patient registered under s. 146.44 to alleviate the symptoms or effects of the patient's debilitating medical condition or treatment.

AB546-AA3,8,14 (g) “Processor" means a person who obtains medical cannabis from a licensed producer, processes the medical cannabis into usable cannabis or individual cannabis plants, packages and labels the usable cannabis or cannabis plants, and transfers or sells the packaged and labelled usable cannabis or cannabis plants to a licensed dispensary.

AB546-AA3,8,17 (h) “Producer” means a person who plants, grows, cultivates, or harvests more than 12 cannabis plants for medical cannabis and transfers or sells the medical cannabis to a licensed processor.

AB546-AA3,8,18 (i) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

AB546-AA3,8,19 (j) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

AB546-AA3,8,20 (k) “School” has the meaning given in s. 118.257 (1) (d).

AB546-AA3,8,21 (L) “Treatment team" has the meaning given in s. 961.01 (20t).

AB546-AA3,8,22 (m) “Usable cannabis” has the meaning given in s. 961.01 (21f).