AB56-SA12,56,1110
3. The name, address, and telephone number of the person's current physician,
11as listed in the written certification.
AB56-SA12,56,1312
4. A registration fee in an amount determined by the department, but not to
13exceed $150.
AB56-SA12,56,1914
(b) An adult registrant who is a qualifying patient or an applicant may jointly
15apply with another adult to the department for a registry identification card for the
16other adult, designating the other adult as a primary caregiver for the registrant or
17applicant. Both persons who jointly apply for a registry identification card under this
18paragraph shall sign the application form, which shall contain the name, address,
19and date of birth of the individual applying to be registered as a primary caregiver.
AB56-SA12,56,2320
(c) The department shall promulgate rules specifying how a parent, guardian,
21or person having legal custody of a child may apply for a registry identification card
22for himself or herself and for the child and the circumstances under which the
23department may approve or deny the application.
AB56-SA12,57,4
24(3) Processing the application. The department shall verify the information
25contained in or accompanying an application submitted under sub. (2) and shall
1approve or deny the application within 30 days after receiving it. Except as provided
2in sub. (2) (c), the department may deny an application submitted under sub. (2) only
3if the required information has not been provided or if false information has been
4provided.
AB56-SA12,57,10
5(4) Issuing a registry identification card. The department shall issue to the
6applicant a registry identification card within 5 days after approving an application
7under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules issued
8by the department under sub. (7) (d), a registry identification card shall expire 4
9years from the date of issuance. A registry identification card shall contain all of the
10following:
AB56-SA12,57,1111
(a) The name, address, and date of birth of all of the following:
AB56-SA12,57,1212
1. The registrant.
AB56-SA12,57,1313
2. Each primary caregiver if the registrant is a qualifying patient.
AB56-SA12,57,1414
3. The qualifying patient if the registrant is a primary caregiver.
AB56-SA12,57,1515
(b) The date of issuance and expiration date of the registry identification card.
AB56-SA12,57,1616
(c) A photograph of the registrant.
AB56-SA12,57,1717
(d) Other information the department may require by rule.
AB56-SA12,57,24
18(5) Additional information to be provided by registrant. (a) 1. An adult
19registrant shall notify the department of any change in the registrant's name and
20address. An adult registrant who is a qualifying patient shall notify the department
21of any change in his or her physician, of any significant improvement in his or her
22health as it relates to his or her debilitating medical condition or treatment, and if
23a registered primary caregiver no longer assists the registrant with the medical use
24of tetrahydrocannabinols.
AB56-SA12,58,4
12. If a qualifying patient is a child, a primary caregiver for the child shall
2provide the department with any information that the child, if he or she were an
3adult, would have to provide under subd. 1. within 10 days after the date of the
4change to which the information relates.
AB56-SA12,58,95
(b) If a registrant fails to notify the department within 10 days after any change
6for which notification is required under par. (a) 1., his or her registry identification
7card is void. If a registrant fails to comply with par. (a) 2., the registry identification
8card for the qualifying patient to whom the information under par. (a) 2. relates is
9void.
AB56-SA12,58,1310
(c) If a qualifying patient's registry identification card becomes void under par.
11(b), the registry identification card for each of the qualifying patient's primary
12caregivers is void. The department shall send written notice of this fact to each such
13primary caregiver.
AB56-SA12,58,14
14(6) Records. (a) The department shall maintain a list of all registrants.
AB56-SA12,58,1715
(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
16may not disclose information from an application submitted or a registry
17identification card issued under this section.
AB56-SA12,58,2118
(c) The department may disclose to state or local law enforcement agencies
19information from an application submitted by, or from a registry identification card
20issued to, a specific person under this section for the purpose of verifying that the
21person possesses a valid registry identification card.
AB56-SA12,58,23
22(7) Rules. The department shall promulgate rules to implement this section,
23including the rules required under sub. (2) (c) and rules doing all of the following:
AB56-SA12,58,2424
(a) Creating forms for applications to be used under sub. (2).
AB56-SA12,59,2
1(b) Specifying how the department will verify the truthfulness of information
2
submitted on an application under sub. (2).
AB56-SA12,59,43
(c) Specifying how and under what circumstances registry identification cards
4may be renewed.
AB56-SA12,59,65
(d) Specifying how and under what changed circumstances a registry
6identification card may be revoked.
AB56-SA12,59,87
(e) Specifying under what circumstances an applicant whose application is
8denied may reapply.
AB56-SA12,59,129
(f) Listing each state, district, commonwealth, territory, or insular possession
10thereof that, by issuing an out-of-state registry identification card, allows the
11medical use of marijuana by a visiting qualifying patient or allows a person to assist
12with a visiting qualifying patient's medical use of marijuana.
AB56-SA12,59,1613
(g) Creating guidelines for issuing registry identification cards, and for
14obtaining and distributing marijuana for the medical use of tetrahydrocannabinols,
15to persons under the care of the department who have a debilitating medical
16condition or treatment.
AB56-SA12,59,23
17(8) Physician education and public awareness campaign. The department
18shall provide, in a manner determined by the department, information to physicians
19about the availability of the medical marijuana registry program. The department
20shall also conduct a public awareness campaign to inform the public about issues
21relating to medical marijuana, including information about the medical marijuana
22registry program in this state and information about possible risks and benefits of
23the medical use of tetrahydrocannabinols.
AB56-SA12,95
24Section
95. 146.46 of the statutes is created to read:
AB56-SA12,60,4
1146.46 Medical marijuana logotype. The department shall design an
2official logotype, appropriate for including on a label affixed to medical marijuana
3under s. 50.85. The department shall design the logotype to be distinguishable from
4any logotype for recreational marijuana.
AB56-SA12,96
5Section
96. 146.81 (1) (L) of the statutes is amended to read:
AB56-SA12,60,66
146.81
(1) (L) A hospice licensed under subch.
VI VII of ch. 50.
AB56-SA12,97
7Section
97. 146.997 (1) (d) 18. of the statutes is amended to read:
AB56-SA12,60,88
146.997
(1) (d) 18. A hospice licensed under subch.
VI VII of ch. 50.
AB56-SA12,98
9Section
98. 157.06 (11) (hm) of the statutes is created to read:
AB56-SA12,60,1310
157.06
(11) (hm) Unless otherwise required by federal law, a hospital,
11physician, procurement organization, or other person may not determine the
12ultimate recipient of an anatomical gift based solely upon a positive test for the use
13of marijuana by a potential recipient.
AB56-SA12,99
14Section
99. 157.06 (11) (i) of the statutes is amended to read:
AB56-SA12,60,1615
157.06
(11) (i) Except as provided under
par. pars. (a) 2.
and (hm), nothing in
16this section affects the allocation of organs for transplantation or therapy.
AB56-SA12,100
17Section
100. 289.33 (3) (d) of the statutes is amended to read:
AB56-SA12,61,1018
289.33
(3) (d) “Local approval" includes any requirement for a permit, license,
19authorization, approval, variance or exception or any restriction, condition of
20approval or other restriction, regulation, requirement or prohibition imposed by a
21charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
22a town, city, village, county or special purpose district, including without limitation
23because of enumeration any ordinance, resolution or regulation adopted under s.
2491.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
25(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
1(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
2(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
3(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25)
(a), and (26), 59.55 (3),
4(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
559.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
6(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
7and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
861.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
987.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
10of ch. 91.
AB56-SA12,101
11Section
101. 340.01 (50m) (a) of the statutes is amended to read:
AB56-SA12,61,1312
340.01
(50m) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB56-SA12,102
14Section
102. 340.01 (50m) (e) of the statutes is repealed.
AB56-SA12,103
15Section
103. 340.01 (66m) of the statutes is created to read:
AB56-SA12,61,1716
340.01
(66m) “Tetrahydrocannabinols concentration" means the number of
17nanograms of tetrahydrocannabinols per milliliter of blood.
AB56-SA12,104
18Section
104. 343.06 (1) (d) of the statutes is amended to read:
AB56-SA12,61,2519
343.06
(1) (d) To any person whose dependence on alcohol
or
20tetrahydrocannabinols has attained such a degree that it interferes with his or her
21physical or mental health or social or economic functioning, or who is addicted to the
22use of controlled substances or controlled substance analogs, except that the
23secretary may issue a license if the person submits to an examination, evaluation or
24treatment in a treatment facility meeting the standards prescribed in s. 51.45 (8) (a),
25as directed by the secretary, in accordance with s. 343.16 (5).
AB56-SA12,105
1Section
105. 343.10 (5) (a) 1. of the statutes is amended to read:
AB56-SA12,62,132
343.10
(5) (a) 1. In addition to any restrictions appearing on the former
3operator's license of the applicant, the occupational license shall contain definite
4restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60,
5type of occupation and areas or routes of travel which are permitted under the
6license. The occupational license may permit travel to and from church during
7specified hours if the travel does not exceed the restrictions as to hours of the day and
8hours per week in this subdivision. The occupational license may permit travel
9necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305
10if the travel does not exceed the restrictions as to hours of the day and hours per week
11in this subdivision. The occupational license may contain restrictions on the use of
12alcohol
, of tetracannabinols, and of controlled substances and controlled substance
13analogs in violation of s. 961.41.
AB56-SA12,106
14Section
106. 343.10 (5) (a) 2. of the statutes is amended to read:
AB56-SA12,62,1915
343.10
(5) (a) 2. If the applicant has 2 or more convictions, suspensions or
16revocations, as counted under s. 343.307 (1), the occupational license shall prohibit
17the applicant from driving or operating a motor vehicle while he or she has an alcohol
18concentration of more than 0.0
or a tetrahydrocannabinols concentration of more
19than 0.0.
AB56-SA12,107
20Section
107. 343.10 (8) (intro.) of the statutes is amended to read:
AB56-SA12,62,2521
343.10
(8) Violation of restrictions. (intro.) Any person who violates a
22restriction on an occupational license as to hours of the day, area, routes or purpose
23of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety
24or use of alcohol,
tetrahydrocannabinols, controlled substances or controlled
25substance analogs shall be:
AB56-SA12,108
1Section
108. 343.12 (7) (a) 9. of the statutes is amended to read:
AB56-SA12,63,42
343.12
(7) (a) 9. Operating a motor vehicle under the influence of an intoxicant
3or other drug or with a prohibited alcohol
or tetrahydrocannabinols concentration
4under s. 346.63 (1).
AB56-SA12,109
5Section
109. 343.12 (7) (a) 11. of the statutes is amended to read:
AB56-SA12,63,86
343.12
(7) (a) 11. Operating a motor vehicle while under the legal drinking age
7with a prohibited alcohol concentration under s. 346.63 (2m)
or while under the legal
8age with a prohibited tetrahydrocannabinols concentration under s. 346.63 (2p).
AB56-SA12,110
9Section
110. 343.16 (2) (b) of the statutes is amended to read:
AB56-SA12,64,810
343.16
(2) (b)
Specific requirements. The standards developed by the
11department under par. (c) shall provide that the examination for persons making
12their first application for an operator's license shall include, subject to sub. (3) (am),
13a test of the applicant's eyesight, ability to read and understand highway signs
14regulating, warning and directing traffic, knowledge of the traffic laws, including ss.
15346.072 and 346.26, understanding of fuel-efficient driving habits and the relative
16costs and availability of other modes of transportation, knowledge of the need for
17anatomical gifts and the ability to make an anatomical gift through the use of a donor
18card issued under s. 343.175 (2), and an actual demonstration of ability to exercise
19ordinary and reasonable control in the operation of a motor vehicle. The test of
20knowledge of the traffic laws shall include questions on the provisions of ss. 343.30
21(1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor
22vehicle and the consumption of alcohol beverages
and tetrahydrocannabinols. The
23test of knowledge may also include questions on the social, medical and economic
24effects of alcohol and other drug abuse. The examination of applicants for
25authorization to operate `Class M' vehicles shall test an applicant's knowledge of
1Type 1 motorcycle safety, including proper eye protection to be worn during hours of
2darkness. The department may require persons changing their residence to this
3state from another jurisdiction and persons applying for a reinstated license after
4termination of a revocation period to take all or parts of the examination required
5of persons making their first application for an operator's license. Any applicant who
6is required to give an actual demonstration of ability to exercise ordinary and
7reasonable control in the operation of a motor vehicle shall furnish a representative
8vehicle in safe operating condition for use in testing ability.
AB56-SA12,111
9Section
111. 343.16 (5) (a) of the statutes is amended to read:
AB56-SA12,65,810
343.16
(5) (a) The secretary may require any applicant for a license or any
11licensed operator to submit to a special examination by such persons or agencies as
12the secretary may direct to determine incompetency, physical or mental disability,
13disease, or any other condition that might prevent such applicant or licensed person
14from exercising reasonable and ordinary control over a motor vehicle. If the
15department requires the applicant to submit to an examination, the applicant shall
16pay for the examination. If the department receives an application for a renewal or
17duplicate license after voluntary surrender under s. 343.265 or receives a report from
18a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse
19prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the
20department has a report of 2 or more arrests within a one-year period for any
21combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with
22s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band
23in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or
24s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
25vehicle, the department shall determine, by interview or otherwise, whether the
1operator should submit to an examination under this section. The examination may
2consist of an assessment. If the examination indicates that education or treatment
3for a disability, disease
, or condition concerning the use of alcohol, a controlled
4substance or a controlled substance analog
, or tetrahydrocannabinols is appropriate,
5the department may order a driver safety plan in accordance with s. 343.30 (1q). If
6there is noncompliance with assessment or the driver safety plan, the department
7shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q)
8(d).
AB56-SA12,112
9Section
112. 343.30 (1p) of the statutes is amended to read:
AB56-SA12,65,1610
343.30
(1p) Notwithstanding sub. (1), a court shall suspend the operating
11privilege of a person for 3 months upon the person's conviction by the court for
12violation of s. 346.63 (2m)
or (2p) or a local ordinance in conformity with s. 346.63
13(2m)
or (2p). If there was a minor passenger under 16 years of age in the motor
14vehicle at the time of the violation that gave rise to the conviction under s. 346.63
15(2m)
or (2p) or a local ordinance in conformity with s. 346.63 (2m)
or (2p), the court
16shall suspend the operating privilege of the person for 6 months.
AB56-SA12,113
17Section
113. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
AB56-SA12,66,218
343.30
(1q) (c) 1. (intro.) Except as provided in subd. 1. a., b., or d., the court
19shall order the person to submit to and comply with an assessment by an approved
20public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's
21use of alcohol,
tetrahydrocannabinols, controlled substances or controlled substance
22analogs and development of a driver safety plan for the person. The court shall notify
23the department of transportation of the assessment order. The court shall notify the
24person that noncompliance with assessment or the driver safety plan will result in
1revocation of the person's operating privilege until the person is in compliance. The
2assessment order shall:
AB56-SA12,114
3Section
114. 343.30 (1q) (d) 1. of the statutes is amended to read:
AB56-SA12,66,154
343.30
(1q) (d) 1. The assessment report shall order compliance with a driver
5safety plan. The report shall inform the person of the fee provisions under s. 46.03
6(18) (f). The driver safety plan may include a component that makes the person
7aware of the effect of his or her offense on a victim and a victim's family. The driver
8safety plan may include treatment for the person's misuse, abuse or dependence on
9alcohol,
tetrahydrocannabinols, controlled substances or controlled substance
10analogs, or attendance at a school under s. 345.60, or both. If the plan requires
11treatment at an approved tribal treatment facility, as defined in s. 51.01 (2c), the plan
12may include traditional tribal treatment modes. If the plan requires inpatient
13treatment, the treatment shall not exceed 30 days. A driver safety plan under this
14paragraph shall include a termination date consistent with the plan which shall not
15extend beyond one year.
AB56-SA12,115
16Section
115. 343.30 (1q) (h) of the statutes is amended to read:
AB56-SA12,67,217
343.30
(1q) (h) The court or department shall provide that the period of
18suspension or revocation imposed under this subsection shall be reduced by any
19period of suspension or revocation previously served under s. 343.305 if the
20suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
21(1)
or, (2m)
, or (2p) or a local ordinance in conformity therewith arise out of the same
22incident or occurrence. The court or department shall order that the period of
23suspension or revocation imposed under this subsection run concurrently with any
24period of time remaining on a suspension or revocation imposed under s. 343.305
1arising out of the same incident or occurrence. The court may modify an occupational
2license authorized under s. 343.305 (8) (d) in accordance with this subsection.
AB56-SA12,116
3Section
116. 343.305 (2) of the statutes is amended to read:
AB56-SA12,67,174
343.305
(2) Implied consent. Any person who is on duty time with respect to
5a commercial motor vehicle or drives or operates a motor vehicle upon the public
6highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
7given consent to one or more tests of his or her breath, blood or urine, for the purpose
8of determining the presence or quantity in his or her blood or breath, of alcohol,
9tetrahydrocannabinols, controlled substances, controlled substance analogs or other
10drugs, or any combination of alcohol,
tetrahydrocannabinols, controlled substances,
11controlled substance analogs and other drugs, when requested to do so by a law
12enforcement officer under sub. (3) (a) or (am) or when required to do so under sub.
13(3) (ar) or (b). Any such tests shall be administered upon the request of a law
14enforcement officer. The law enforcement agency by which the officer is employed
15shall be prepared to administer, either at its agency or any other agency or facility,
162 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests
17shall be administered first.
AB56-SA12,117
18Section
117. 343.305 (3) (a) of the statutes is amended to read:
AB56-SA12,67,2519
343.305
(3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m)
, (2p), 20or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2)
21or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon
22arrest subsequent to a refusal under par. (ar), a law enforcement officer may request
23the person to provide one or more samples of his or her breath, blood or urine for the
24purpose specified under sub. (2). Compliance with a request for one type of sample
25does not bar a subsequent request for a different type of sample.
AB56-SA12,118
1Section
118. 343.305 (3) (am) of the statutes is amended to read:
AB56-SA12,68,112
343.305
(3) (am) Prior to arrest, a law enforcement officer may request the
3person to provide one or more samples of his or her breath, blood or urine for the
4purpose specified under sub. (2) whenever a law enforcement officer detects any
5presence of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
6substance analog or other drug, or a combination thereof, on a person driving or
7operating or on duty time with respect to a commercial motor vehicle or has reason
8to believe the person is violating or has violated s. 346.63 (7). Compliance with a
9request for one type of sample does not bar a subsequent request for a different type
10of sample. For the purposes of this paragraph, “law enforcement officer" includes
11inspectors in the performance of duties under s. 110.07 (3).
AB56-SA12,119
12Section
119. 343.305 (3) (ar) 1. of the statutes is amended to read:
AB56-SA12,68,2413
343.305
(3) (ar) 1. If a person is the operator of a vehicle that is involved in an
14accident that causes substantial bodily harm, as defined in s. 939.22 (38), to any
15person, and a law enforcement officer detects any presence of alcohol,
16tetrahydrocannabinols, a controlled substance, a controlled substance analog or
17other drug, or a combination thereof, the law enforcement officer may request the
18operator to provide one or more samples of his or her breath, blood, or urine for the
19purpose specified under sub. (2). Compliance with a request for one type of sample
20does not bar a subsequent request for a different type of sample. A person who is
21unconscious or otherwise not capable of withdrawing consent is presumed not to
22have withdrawn consent under this subdivision and one or more samples specified
23in par. (a) or (am) may be administered to the person. If a person refuses to take a
24test under this subdivision, he or she may be arrested under par. (a).
AB56-SA12,120
25Section
120. 343.305 (3) (b) of the statutes is amended to read:
AB56-SA12,69,10
1343.305
(3) (b) A person who is unconscious or otherwise not capable of
2withdrawing consent is presumed not to have withdrawn consent under this
3subsection, and if a law enforcement officer has probable cause to believe that the
4person has violated s. 346.63 (1), (2m)
, (2p), or (5) or a local ordinance in conformity
5therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
6use of a vehicle, or detects any presence of alcohol,
tetrahydrocannabinols, controlled
7substance, controlled substance analog or other drug, or a combination thereof, on
8a person driving or operating or on duty time with respect to a commercial motor
9vehicle or has reason to believe the person has violated s. 346.63 (7), one or more
10samples specified in par. (a) or (am) may be administered to the person.
AB56-SA12,121
11Section
121. 343.305 (5) (b) of the statutes is amended to read:
AB56-SA12,69,2112
343.305
(5) (b) Blood may be withdrawn from the person arrested for violation
13of s. 346.63 (1), (2), (2m),
(2p), (5), or (6) or 940.25, or s. 940.09 where the offense
14involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1),
15(2m),
(2p), or (5), or as provided in sub. (3) (am) or (b) to determine the presence or
16quantity of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
17substance analog, or any other drug, or any combination of alcohol, controlled
18substance, controlled substance analog, and any other drug in the blood only by a
19physician, registered nurse, medical technologist, physician assistant, phlebotomist,
20or other medical professional who is authorized to draw blood, or person acting under
21the direction of a physician.
AB56-SA12,122
22Section
122. 343.305 (5) (d) of the statutes is amended to read:
AB56-SA12,70,2023
343.305
(5) (d) At the trial of any civil or criminal action or proceeding arising
24out of the acts committed by a person alleged to have been driving or operating a
25motor vehicle while under the influence of an intoxicant, a controlled substance, a
1controlled substance analog or any other drug, or under the influence of any
2combination of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
3substance analog and any other drug, to a degree which renders him or her incapable
4of safely driving, or under the combined influence of an intoxicant and any other drug
5to a degree which renders him or her incapable of safely driving, or having a
6prohibited alcohol
or tetrahydrocannabinols concentration, or alleged to have been
7driving or operating or on duty time with respect to a commercial motor vehicle while
8having an alcohol concentration above 0.0 or possessing an intoxicating beverage,
9regardless of its alcohol content, or within 4 hours of having consumed or having been
10under the influence of an intoxicating beverage, regardless of its alcohol content, or
11of having an alcohol concentration of 0.04 or more, the results of a test administered
12in accordance with this section are admissible on the issue of whether the person was
13under the influence of an intoxicant, a controlled substance, a controlled substance
14analog or any other drug, or under the influence of any combination of alcohol,
15tetrahydrocannabinols, a controlled substance, a controlled substance analog and
16any other drug, to a degree which renders him or her incapable of safely driving or
17under the combined influence of an intoxicant and any other drug to a degree which
18renders him or her incapable of safely driving or any issue relating to the person's
19alcohol concentration. Test results shall be given the effect required under s.
20885.235.
AB56-SA12,123
21Section
123. 343.305 (5) (dm) of the statutes is created to read:
AB56-SA12,71,222
343.305
(5) (dm) At the trial of any civil or criminal action or proceeding arising
23out of the acts committed by a person alleged to have been driving or operating a
24motor vehicle while having a tetrahydrocannabinols concentration at or above
25specified levels, the results of a blood test administered in accordance with this
1section are admissible on any issue relating to the tetrahydrocannabinols
2concentration. Test results shall be given the effect required under s. 885.235.
AB56-SA12,124
3Section
124. 343.305 (6) (a) of the statutes is amended to read:
AB56-SA12,71,154
343.305
(6) (a) Chemical analyses of blood or urine to be considered valid under
5this section shall have been performed substantially according to methods approved
6by the laboratory of hygiene and by an individual possessing a valid permit to
7perform the analyses issued by the department of health services. The department
8of health services shall approve laboratories for the purpose of performing chemical
9analyses of blood or urine for alcohol,
tetrahydrocannabinols, controlled substances
10or controlled substance analogs and shall develop and administer a program for
11regular monitoring of the laboratories. A list of approved laboratories shall be
12provided to all law enforcement agencies in the state. Urine specimens are to be
13collected by methods specified by the laboratory of hygiene. The laboratory of
14hygiene shall furnish an ample supply of urine and blood specimen containers to
15permit all law enforcement officers to comply with the requirements of this section.
AB56-SA12,125
16Section
125. 343.305 (7) (a) of the statutes is amended to read: