This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB220,20,2
130.50 (13p) “Tetrahydrocannabinols concentration" means the number of
2nanograms of tetrahydrocannabinols per milliliter of blood.
AB220,47 3Section 47 . 30.50 (13t) of the statutes is created to read:
AB220,20,54 30.50 (13t) “Tetrahydrocannabinols concentration” has the meaning given in
5s. 340.01 (66m).
AB220,48 6Section 48 . 30.681 (1) (b) (title) of the statutes is amended to read:
AB220,20,87 30.681 (1) (b) (title) Operating after using a controlled substance or, alcohol, or
8tetrahydrocannabinols
.
AB220,49 9Section 49 . 30.681 (1) (b) 1g. of the statutes is created to read:
AB220,20,1110 30.681 (1) (b) 1g. No person may engage in the operation of a motorboat while
11the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB220,50 12Section 50 . 30.681 (1) (bn) (title) of the statutes is amended to read:
AB220,20,1413 30.681 (1) (bn) (title) Operating with alcohol or tetrahydrocannabinols
14concentrations at specified levels; below legal
drinking age.
AB220,51 15Section 51 . 30.681 (1) (bn) of the statutes is renumbered 30.681 (1) (bn) 1.
AB220,52 16Section 52 . 30.681 (1) (bn) 2. of the statutes is created to read:
AB220,20,1917 30.681 (1) (bn) 2. A person who has not attained the legal age, as defined in s.
18961.70 (2), may not engage in the operation of a motorboat while he or she has a
19tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.
AB220,53 20Section 53 . 30.681 (1) (c) of the statutes is amended to read:
AB220,21,421 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
22may proceed upon a complaint based upon a violation of any combination of par. (a)
23or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
24person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.,
25the offenses shall be joined. If the person is found guilty of any combination of par.

1(a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there
2shall be a single conviction for purposes of sentencing and for purposes of counting
3convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and
42. each require proof of a fact for conviction which the others do not require.
AB220,54 5Section 54 . 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and
6amended to read:
AB220,21,137 30.681 (1) (d) 1. In an action under par. (b) 1m. that is based on the defendant
8allegedly having a detectable amount of methamphetamine, or
9gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
13acid, or delta-9-tetrahydrocannabinol.
AB220,55 14Section 55 . 30.681 (1) (d) 2. of the statutes is created to read:
AB220,21,1915 30.681 (1) (d) 2. In an action under par. (b) 1g. or (bn) 2. that is based on the
16defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
17defendant has a defense if he or she proves by a preponderance of the evidence that
18at the time of the incident or occurrence he or she had a valid prescription for
19tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,56 20Section 56 . 30.681 (2) (b) (title) of the statutes is amended to read:
AB220,21,2221 30.681 (2) (b) (title) Causing injury after using a controlled substance or,
22alcohol
, or tetrahydrocannabinols.
AB220,57 23Section 57 . 30.681 (2) (b) 1g. of the statutes is created to read:
AB220,21,2524 30.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration
25of 5.0 or more may cause injury to another person by the operation of a motorboat.
AB220,58
1Section 58. 30.681 (2) (c) of the statutes is amended to read:
AB220,22,112 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
3may proceed upon a complaint based upon a violation of any combination of par. (a)
4or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the
5person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2.
6in the complaint, the crimes shall be joined under s. 971.12. If the person is found
7guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the
8same incident or occurrence, there shall be a single conviction for purposes of
9sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3.
10Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction
11which the others do not require.
AB220,59 12Section 59 . 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB220,22,2013 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
14intoxicated boating law where the defendant was operating a motorboat that is not
15a commercial motorboat, the defendant has a defense if he or she proves by a
16preponderance of the evidence that the injury would have occurred even if he or she
17had been exercising due care and he or she had not been under the influence of an
18intoxicant or did not have an alcohol concentration of 0.08 or more or a
19tetrahydrocannabinols concentration of 5.0 or more
or a detectable amount of a
20restricted controlled substance in his or her blood.
AB220,60 21Section 60 . 30.681 (2) (d) 1. b. of the statutes is amended to read:
AB220,23,322 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
23allegedly having a detectable amount of methamphetamine, or
24gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
25the defendant has a defense if he or she proves by a preponderance of the evidence

1that at the time of the incident or occurrence he or she had a valid prescription for
2methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
3acid, or delta-9-tetrahydrocannabinol.
AB220,61 4Section 61 . 30.681 (2) (d) 1. c. of the statutes is created to read:
AB220,23,95 30.681 (2) (d) 1. c. In an action under par. (b) 1g. that is based on the defendant
6allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
7has a defense if he or she proves by a preponderance of the evidence that at the time
8of the incident or occurrence he or she had a valid prescription for
9tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,62 10Section 62 . 30.684 (4) of the statutes is amended to read:
AB220,23,2011 30.684 (4) Admissibility; effect of test results; other evidence. The results
12of a chemical test required or administered under sub. (1), (2) or (3) are admissible
13in any civil or criminal action or proceeding arising out of the acts committed by a
14person alleged to have violated the intoxicated boating law on the issue of whether
15the person was under the influence of an intoxicant or the issue of whether the person
16had alcohol concentrations or tetrahydrocannabinols concentrations at or above
17specified levels or a detectable amount of a restricted controlled substance in his or
18her blood. Results of these chemical tests shall be given the effect required under s.
19885.235. This section does not limit the right of a law enforcement officer to obtain
20evidence by any other lawful means.
AB220,63 21Section 63 . 30.80 (6) (d) of the statutes is amended to read:
AB220,24,522 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or
23tetrahydrocannabinols
; examination. In addition to any other penalty or order, a
24person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25
25if the violation involves the operation of a motorboat, shall be ordered by the court

1to submit to and comply with an assessment by an approved public treatment facility
2for an examination of the person's use of alcohol, controlled substances or controlled
3substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an
4assessment ordered under this paragraph constitutes contempt of court, punishable
5under ch. 785.
AB220,64 6Section 64 . 49.148 (4) (a) of the statutes is amended to read:
AB220,24,217 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
8a community service job or transitional placement who, after August 22, 1996, was
9convicted in any state or federal court of a felony that had as an element possession,
10use or distribution of a controlled substance to submit to a test for use of a controlled
11substance as a condition of continued eligibility. If the test results are positive, the
12Wisconsin works Works agency shall decrease the presanction benefit amount for
13that participant by not more than 15 percent for not fewer than 12 months, or for the
14remainder of the participant's period of participation in a community service job or
15transitional placement, if less than 12 months. If, at the end of 12 months, the
16individual is still a participant in a community service job or transitional placement
17and submits to another test for use of a controlled substance and if the results of the
18test are negative, the Wisconsin works Works agency shall discontinue the reduction
19under this paragraph. In this subsection, “controlled substance” does not include
20tetrahydrocannabinols in any form including tetrahydrocannabinols contained in
21marijuana, obtained from marijuana, or chemically synthesized.
AB220,65 22Section 65 . 49.45 (23) (g) 5. of the statutes is amended to read:
AB220,25,323 49.45 (23) (g) 5. Require, as a condition of eligibility, that an applicant or
24enrollee submit to a drug screening assessment and, if indicated, a drug test, as
25specified by the department in the waiver amendment. The department may not test

1under this subdivision for tetrahydrocannabinols in any form including
2tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
3chemically synthesized.
AB220,66 4Section 66 . 49.79 (1) (b) of the statutes is amended to read:
AB220,25,85 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
6except “controlled substance” does not include tetrahydrocannabinols in any form
7including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
8or chemically synthesized
.
AB220,67 9Section 67 . 50.56 (3) of the statutes is amended to read:
AB220,25,1310 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this
11subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI
12VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this
13subchapter and the rules promulgated under this subchapter control.
AB220,68 14Section 68 . Subchapter VI of chapter 50 [precedes 50.80] of the statutes is
15created to read:
AB220,25,1616 chapter 50
AB220,25,1717 subchapter VI
AB220,25,1918 distribution and
19 testing centers
AB220,25,20 2050.80 Definitions. In this subchapter:
AB220,25,22 21(1) “Compassion center" means a licensed organization that grows, sells,
22distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.
AB220,25,23 23(2) “Debilitating medical condition or treatment" means any of the following:
AB220,26,424 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
25the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;

1inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
2hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
3patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
4treatment of these conditions.
AB220,26,85 (b) A chronic or debilitating disease or medical condition or the treatment of
6such a disease or condition that causes cachexia, severe pain, severe nausea,
7seizures, including those characteristic of epilepsy, or severe and persistent muscle
8spasms, including those characteristic of multiple sclerosis.
AB220,26,119 (c) Any other medical condition or any other treatment for a medical condition
10designated as a debilitating medical condition or treatment in rules promulgated by
11the department under s. 50.81 (2).
AB220,26,12 12(2m) “Department" means the department of health services.
AB220,26,14 13(3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces
14of usable marijuana.
AB220,26,15 15(4) “Medical use of tetrahydrocannabinols" means any of the following:
AB220,26,1816 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to
17alleviate the symptoms or effects of the qualifying patient's debilitating medical
18condition or treatment.
AB220,26,2119 (b) The acquisition, possession, cultivation, or transportation of
20tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
21her use of tetrahydrocannabinols under par. (a).
AB220,27,222 (c) The acquisition, possession, cultivation, or transportation of
23tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
24the transfer of tetrahydrocannabinols in any form between a qualifying patient and
25his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form

1between persons who are primary caregivers for the same qualifying patient if all of
2the following apply:
AB220,27,53 1. The acquisition, possession, cultivation, or transportation of
4tetrahydrocannabinols is done to facilitate the qualifying patient's use of
5tetrahydrocannabinols under par. (a) or (b).
AB220,27,86 2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
7or transport tetrahydrocannabinols independently, or the qualifying patient is under
818 years of age.
AB220,27,9 9(4m) “Physician” means a person licensed under s. 448.04 (1) (a).
AB220,27,12 10(5) “Primary caregiver" means a person who is at least 18 years of age and who
11has agreed to help a qualifying patient in his or her medical use of
12tetrahydrocannabinols.
AB220,27,15 13(6) “Qualifying patient" means a person who has been diagnosed by a physician
14as having or undergoing a debilitating medical condition or treatment but does not
15include a person under the age of 18 years unless all of the following apply:
AB220,27,1816 (a) The person's physician has explained the potential risks and benefits of the
17medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
18individual who has legal custody of the person.
AB220,27,2019 (b) The parent, guardian, or individual who has legal custody of the person
20provides the physician a written statement consenting to do all of the following:
AB220,27,2121 1. Allow the person's medical use of tetrahydrocannabinols.
AB220,27,2222 2. Serve as a primary caregiver for the person.
AB220,27,2323 3. Manage the person's medical use of tetrahydrocannabinols.
AB220,27,24 24(7) “Registry identification card" has the meaning given in s. 146.44 (1) (h).
AB220,28,2
1(8) “Treatment team" means a qualifying patient and his or her primary
2caregivers.
AB220,28,3 3(9) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB220,28,5 4(10) “Written certification" means a statement made by a person's physician
5if all of the following apply:
AB220,28,96 (a) The statement indicates that, in the physician's professional opinion, the
7person has or is undergoing a debilitating medical condition or treatment and the
8potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a)
9would likely outweigh the health risks for the person.
AB220,28,1310 (b) The statement indicates that the opinion described in par. (a) was formed
11after a full assessment, conducted no more than 6 months prior to making the
12statement and made in the course of a bona fide physician-patient relationship, of
13the person's medical history and current medical condition.
AB220,28,1514 (c) The statement is signed by the physician or is contained in the person's
15medical records.
AB220,28,1716 (d) The statement contains an expiration date that is no more than 48 months
17after issuance and the statement has not expired.
AB220,28,19 1850.81 Departmental powers and duties. (1) The department shall provide
19licensing, regulation, record keeping, and security for compassion centers.
AB220,29,2 20(2) Notwithstanding s. 227.12 (1), any person may petition the department to
21promulgate a rule to designate a medical condition or treatment as a debilitating
22medical condition or treatment. The department shall promulgate rules providing
23for public notice of and a public hearing regarding any such petition, with the public
24hearing providing persons an opportunity to comment upon the petition. After the
25hearing, but no later than 180 days after the submission of the petition, the

1department shall approve or deny the petition. The department's decision to approve
2or deny a petition is subject to judicial review under s. 227.52.
AB220,29,5 350.82 Licensing. The department shall issue licenses to a pharmacist or a
4pharmacy to operate as a compassion center and shall decide which and how many
5applicants for a license receive a license based on all of the following:
AB220,29,7 6(1) The ability of an applicant to provide to treatment teams a sufficient
7amount of medical marijuana for the medical use of tetrahydrocannabinols.
AB220,29,8 8(2) The experience the applicant has running an organization or a business.
AB220,29,10 9(3) The preferences of the governing bodies with jurisdiction over the area in
10which the applicants are located.
AB220,29,12 11(4) The ability of the applicant to keep records confidential and maintain a safe
12and secure facility.
AB220,29,13 13(5) The ability of the applicant to abide by the prohibitions under s. 50.83.
AB220,29,16 1450.83 Prohibitions. The department may not issue a license to operate as a
15compassion center to, and must revoke a license of, any organization to which any
16of the following applies:
AB220,29,18 17(1) The organization is located within 500 feet of a public or private elementary
18or secondary school, including a charter school.
AB220,29,21 19(2) The compassion center distributes to a treatment team a number of plants
20or an amount in ounces of usable marijuana that, in the period of distribution, results
21in the treatment team possessing more than the maximum medicinal amount.
AB220,29,25 22(3) The compassion center possesses a number of plants or an amount in ounces
23of usable marijuana that exceeds the combined maximum medicinal amount for all
24of the treatment teams that are estimated to use the organization by a number or an
25amount determined by the department by rule to be unacceptable.
AB220,30,3
150.84 Licensing procedure. (1) The application for a license must be in
2writing on a form provided by the department and include the licensing application
3fee under sub. (2) (a).
Loading...
Loading...