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subchapter VI
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distribution and
22
testing centers
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2350.80 Definitions. In this subchapter:
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24(1) “Compassion center" means a licensed organization that grows, sells,
25distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
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1(2) “Debilitating medical condition or treatment" means any of the following:
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(a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
3the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
4inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
5hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
6patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
7treatment of these conditions.
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(b) A chronic or debilitating disease or medical condition or the treatment of
9such a disease or condition that causes cachexia, severe pain, severe nausea,
10seizures, including those characteristic of epilepsy, or severe and persistent muscle
11spasms, including those characteristic of multiple sclerosis.
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(c) Any other medical condition or any other treatment for a medical condition
13designated as a debilitating medical condition or treatment in rules promulgated by
14the department under s. 50.81 (2).
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15(2m) “Department" means the department of health services.
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16(3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces
17of usable marijuana.
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18(4) “Medical use of tetrahydrocannabinols" means any of the following:
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(a) The use of tetrahydrocannabinols in any form by a qualifying patient to
20alleviate the symptoms or effects of the qualifying patient's debilitating medical
21condition or treatment.
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(b) The acquisition, possession, cultivation, or transportation of
23tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
24her use of tetrahydrocannabinols under par. (a).
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1(c) The acquisition, possession, cultivation, or transportation of
2tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
3the transfer of tetrahydrocannabinols in any form between a qualifying patient and
4his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form
5between persons who are primary caregivers for the same qualifying patient if all of
6the following apply:
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1. The acquisition, possession, cultivation, or transportation of
8tetrahydrocannabinols is done to facilitate the qualifying patient's use of
9tetrahydrocannabinols under par. (a) or (b).
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2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
11or transport tetrahydrocannabinols independently, or the qualifying patient is under
1218 years of age.
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13(4m) “Physician” means a person licensed under s. 448.04 (1) (a).
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14(5) “Primary caregiver" means a person who is at least 18 years of age and who
15has agreed to help a qualifying patient in his or her medical use of
16tetrahydrocannabinols.
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17(6) “Qualifying patient" means a person who has been diagnosed by a physician
18as having or undergoing a debilitating medical condition or treatment but does not
19include a person under the age of 18 years unless all of the following apply:
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(a) The person's physician has explained the potential risks and benefits of the
21medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
22individual who has legal custody of the person.
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(b) The parent, guardian, or individual who has legal custody of the person
24provides the physician a written statement consenting to do all of the following:
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1. Allow the person's medical use of tetrahydrocannabinols.
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12. Serve as a primary caregiver for the person.
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3. Manage the person's medical use of tetrahydrocannabinols.
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3(7) “Registry identification card" has the meaning given in s. 146.44 (1) (h).
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4(8) “Treatment team" means a qualifying patient and his or her primary
5caregivers.
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6(9) “Usable marijuana" has the meaning given in s. 139.97 (13).
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7(10) “Written certification" means a statement made by a person's physician
8if all of the following apply:
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(a) The statement indicates that, in the physician's professional opinion, the
10person has or is undergoing a debilitating medical condition or treatment and the
11potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a)
12would likely outweigh the health risks for the person.
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(b) The statement indicates that the opinion described in par. (a) was formed
14after a full assessment, conducted no more than 6 months prior to making the
15statement and made in the course of a bona fide physician-patient relationship, of
16the person's medical history and current medical condition.
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(c) The statement is signed by the physician or is contained in the person's
18medical records.
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(d) The statement contains an expiration date that is no more than 48 months
20after issuance and the statement has not expired.
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2150.81 Departmental powers and duties. (1) The department shall provide
22licensing, regulation, record keeping, and security for compassion centers.
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23(2) Notwithstanding s. 227.12 (1), any person may petition the department to
24promulgate a rule to designate a medical condition or treatment as a debilitating
25medical condition or treatment. The department shall promulgate rules providing
1for public notice of and a public hearing regarding any such petition, with the public
2hearing providing persons an opportunity to comment upon the petition. After the
3hearing, but no later than 180 days after the submission of the petition, the
4department shall approve or deny the petition. The department's decision to approve
5or deny a petition is subject to judicial review under s. 227.52.
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650.82 Licensing. The department shall issue licenses to a pharmacist or a
7pharmacy to operate as a compassion center and shall decide which and how many
8applicants for a license receive a license based on all of the following:
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9(1) The ability of an applicant to provide to treatment teams a sufficient
10amount of medical marijuana for the medical use of tetrahydrocannabinols.
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11(2) The experience the applicant has running an organization or a business.
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12(3) The preferences of the governing bodies with jurisdiction over the area in
13which the applicants are located.
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14(4) The ability of the applicant to keep records confidential and maintain a safe
15and secure facility.
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16(5) The ability of the applicant to abide by the prohibitions under s. 50.83.
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1750.83 Prohibitions. The department may not issue a license to operate as a
18compassion center to, and must revoke a license of, any organization to which any
19of the following applies:
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20(1) The organization is located within 500 feet of a public or private elementary
21or secondary school, including a charter school.
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22(2) The compassion center distributes to a treatment team a number of plants
23or an amount in ounces of usable marijuana that, in the period of distribution, results
24in the treatment team possessing more than the maximum medicinal amount.
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1(3) The compassion center possesses a number of plants or an amount in ounces
2of usable marijuana that exceeds the combined maximum medicinal amount for all
3of the treatment teams that are estimated to use the organization by a number or an
4amount determined by the department by rule to be unacceptable.
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550.84 Licensing procedure.
(1) The application for a license must be in
6writing on a form provided by the department and include the licensing application
7fee under sub. (2) (a).
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8(2) (a) A licensing application fee is $250.
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(b) The annual fee for a compassion center is $5,000.
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10(3) A compassion center license is valid until revoked. Each license shall be
11issued only for the applicant named in the application and may not be transferred
12or assigned.
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1350.85 Distribution of medical marijuana. (1) A compassion center may
14sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for
15the storage or use of usable marijuana to a member of a treatment team if the
16compassion center receives a copy of the qualifying patient's written certification or
17registry identification card.
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18(2) A compassion center may possess or manufacture tetrahydrocannabinols
19or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).
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20(3) A compassion center may have 2 locations, one for cultivation and one for
21sales, distribution, or delivery.
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22(4) A compassion center shall have all tetrahydrocannabinols tested for mold,
23fungus, pesticides, and other contaminants and may not sell, distribute, or deliver
24tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other
25contaminants if the contaminants, or level of contaminants, are identified by the
1testing laboratories under s. 50.86 (2) to be potentially unsafe to a qualifying
2patient's health.
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3(5) A compassion center may cultivate marijuana outdoors.
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450.86 Testing laboratories. The department shall register entities as
5tetrahydrocannabinols testing laboratories. The laboratories may possess or
6manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
7following services:
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8(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
9potency and for mold, fungus, pesticides, and other contaminants.
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10(2) Collect information on research findings and conduct research related to
11the medical use of tetrahydrocannabinols, including research that identifies
12potentially unsafe levels of contaminants.
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13(3) Provide training to persons who hold registry identification cards or written
14certifications, to treatment teams, and to persons employed by compassion centers
15on the following:
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(a) The safe and efficient cultivation, harvesting, packaging, labeling, and
17distribution of marijuana for the medical use of tetrahydrocannabinols.
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(b) Security and inventory accountability procedures.
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(c) The most recent research on the medical use of tetrahydrocannabinols.
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20Section
69. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes
21is renumbered subchapter VII (title) of chapter 50 [precedes 50.90].
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22Section
70. 51.49 (1) (d) of the statutes is amended to read:
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51.49
(1) (d) “Operating while intoxicated" means a violation of s. 346.63 (1)
or, 24(2m)
, or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
25940.09 (1) or 940.25.
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1Section
71. 59.54 (25) (title) of the statutes is amended to read:
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59.54
(25) (title)
Possession Regulation of marijuana.
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3Section
72. 59.54 (25) (a) (intro.) of the statutes is amended to read:
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59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
5the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
6s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
7is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
8an allegation of possession of more than 25 grams of marijuana, or possession of any
9amount of marijuana following a conviction in this state for possession of marijuana 10alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
11may not be prosecuted under this subsection for the same action that is the subject
12of the complaint unless all of the following occur:
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13Section
73. 66.0107 (1) (bm) of the statutes is amended to read:
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66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
15marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
16(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
17with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
18of possession of more than 25 grams of marijuana, or possession of any amount of
19marijuana following a conviction in this state for possession of marijuana alleging
20a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not
21be prosecuted under this paragraph for the same action that is the subject of the
22complaint unless the charges are dismissed or the district attorney declines to
23prosecute the case.
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24Section
74. 66.0414 of the statutes is created to read:
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166.0414 Cultivation of tetrahydrocannabinols. No city, village, town, or
2county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
3by one of the following:
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4(1) A compassion center, as defined in s. 50.80 (1).
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5(2) A person who is cultivating tetrahydrocannabinols for the medical use of
6tetrahydrocannabinols, as defined in s. 50.80 (4), if the amount does not exceed the
7maximum medicinal amount, as defined in s. 50.80 (3).
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8(3) An individual who has no more than 6 marijuana plants at one time for his
9or her personal use.
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10Section
75. 77.52 (13) of the statutes is amended to read:
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77.52
(13) For the purpose of the proper administration of this section and to
12prevent evasion of the sales tax it shall be presumed that all receipts are subject to
13the tax until the contrary is established. The burden of proving that a sale of tangible
14personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
15is not a taxable sale at retail is upon the person who makes the sale unless that
16person takes from the purchaser an electronic or a paper certificate, in a manner
17prescribed by the department, to the effect that the property, item, good, or service
18is purchased for resale or is otherwise exempt, except that no certificate is required
19for the sale of tangible personal property, or items, property, or goods under sub. (1)
20(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
21(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
22(51), (52), (66),
and (67)
, and (69).
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23Section
76. 77.53 (10) of the statutes is amended to read:
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77.53
(10) For the purpose of the proper administration of this section and to
25prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
1tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
2(d), or taxable services sold by any person for delivery in this state is sold for storage,
3use, or other consumption in this state until the contrary is established. The burden
4of proving the contrary is upon the person who makes the sale unless that person
5takes from the purchaser an electronic or paper certificate, in a manner prescribed
6by the department, to the effect that the property, or items, property, or goods under
7s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
8exempt from the tax, except that no certificate is required for the sale of tangible
9personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
10services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
11(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52),
and (67)
, and (69).
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12Section
77. 77.54 (69) of the statutes is created to read:
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77.54
(69) The sales price from the sale of and the storage, use, or other
14consumption of usable marijuana, as defined in s. 139.97 (13), provided by a
15compassion center, as defined in s. 50.80 (1).
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16Section
78. 94.56 of the statutes is created to read:
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1794.56 Marijuana producers and processors. (1) Definitions. In this
18section:
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(a) “Labor peace agreement” means an agreement between a person applying
20for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
21that does all of the following:
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1. Prohibits labor organizations and its members from engaging in picketing,
23work stoppages, boycotts, and any other economic interference with persons doing
24business in this state.
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12. Prohibits the applicant from disrupting the efforts of the labor organization
2to communicate with and to organize and represent the applicant's employees.
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3. Provides the labor organization access at reasonable times to areas in which
4the applicant's employees work for the purpose of meeting with employees to discuss
5their right to representation, employment rights under state law, and terms and
6conditions of employment.
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(b) “Marijuana" has the meaning given in s. 961.70 (3).
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(c) “Marijuana processor" has the meaning given in s. 139.97 (6).