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AB220,60,8 4139.978 Interest and penalties. (1) Any person who makes or signs any
5false or fraudulent report under this subchapter or who attempts to evade the tax
6imposed by s. 139.971, or who aids in or abets the evasion or attempted evasion of
7that tax, may be fined not more than $10,000 or imprisoned for not more than 9
8months or both.
AB220,60,11 9(2) Any permittee who fails to keep the records required by s. 139.974 (1) and
10(2) shall be fined not less than $100 nor more than $500 or imprisoned not more than
116 months or both.
AB220,60,16 12(3) Any person who refuses to permit the examination or inspection authorized
13under s. 139.975 (3) may be fined not more than $500 or imprisoned not more than
146 months or both. The department shall immediately suspend or revoke the permit
15of any person who refuses to permit the examination or inspection authorized under
16s. 139.975 (3).
AB220,60,19 17(4) Any person who violates any of the provisions of this subchapter for which
18no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
19or imprisoned not less than 10 days nor more than 90 days or both.
AB220,60,22 20(5) Any person who violates any of the rules promulgated in accordance with
21this subchapter shall be fined not less than $100 nor more than $500 or imprisoned
22not more than 6 months or both.
AB220,61,2 23(6) In addition to the penalties imposed for violating the provisions of this
24subchapter or any of the department's rules, the department shall revoke the permit

1of any person convicted of such a violation and not issue another permit to that
2person for a period of 2 years following the revocation.
AB220,61,6 3(7) Unpaid taxes bear interest at the rate of 12 percent per year from the due
4date of the return until paid or deposited with the department, and all refunded taxes
5bear interest at the rate of 3 percent per year from the due date of the return to the
6date on which the refund is certified on the refund rolls.
AB220,61,8 7(8) All nondelinquent payments of additional amounts owed shall be applied
8in the following order: penalties, interest, tax principal.
AB220,61,11 9(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per
10month until paid. The taxes imposed by this subchapter shall become delinquent if
11not paid:
AB220,61,1312 (a) In the case of a timely filed return, no return filed or a late return, on or
13before the due date of the return.
AB220,61,1514 (b) In the case of a deficiency determination of taxes, within 2 months after the
15date of demand.
AB220,61,19 16(10) If due to neglect an incorrect return is filed, the entire tax finally
17determined is subject to a penalty of 25 percent of the tax exclusive of interest or
18other penalty. A person filing an incorrect return has the burden of proving that the
19error or errors were due to good cause and not due to neglect.
AB220,61,25 20139.979 Personal use. An individual who possesses no more than 6
21marijuana plants that have reached the flowering stage at any one time is not subject
22to the tax imposed under s. 139.971. An individual who possesses more than 6
23marijuana plants that have reached the flowering stage at any one time shall apply
24for the appropriate permit under s. 139.972 and pay the appropriate tax imposed
25under s. 139.971.
AB220,62,5
1139.980 Agreement with tribes. The department may enter into an
2agreement with a federally recognized American Indian Tribe in this state for the
3administration and enforcement of this subchapter and to provide refunds of the tax
4imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members
5of the tribe residing on the tribal land.
AB220,93 6Section 93 . 146.40 (1) (bo) of the statutes is amended to read:
AB220,62,87 146.40 (1) (bo) “Hospice" means a hospice that is licensed under subch. VI VII
8of ch. 50.
AB220,94 9Section 94 . 146.44 of the statutes is created to read:
AB220,62,11 10146.44 Medical marijuana registry program. (1) Definitions. In this
11section:
AB220,62,1312 (a) “Applicant" means a person who is applying for a registry identification card
13under sub. (2) (a).
AB220,62,1514 (b) “Debilitating medical condition or treatment" has the meaning given in s.
1550.80 (2).
AB220,62,1716 (c) “Medical use of tetrahydrocannabinols" has the meaning given in s. 50.80
17(4).
AB220,62,2018 (d) “Out-of-state registry identification card" means a document issued by an
19entity listed in the rule promulgated under sub. (7) (f) that identifies the person as
20a qualifying patient or primary caregiver, or an equivalent designation.
AB220,62,2121 (e) “Primary caregiver" has the meaning given in s. 50.80 (5).
AB220,62,2222 (f) “Qualifying patient" has the meaning given in s. 50.80 (6).
AB220,62,2423 (g) “Registrant" means a person to whom a registry identification card is issued
24under sub. (4).
AB220,63,3
1(h) “Registry identification card" means a document issued by the department
2under this section that identifies a person as a qualifying patient or primary
3caregiver.
AB220,63,44 (i) “Written certification" has the meaning given in s. 50.80 (10).
AB220,63,7 5(2) Application. (a) An adult who is claiming to be a qualifying patient may
6apply for a registry identification card by submitting to the department a signed
7application form containing or accompanied by all of the following:
AB220,63,88 1. His or her name, address, and date of birth.
AB220,63,99 2. A written certification.
AB220,63,1110 3. The name, address, and telephone number of the person's current physician,
11as listed in the written certification.
AB220,63,1312 4. A registration fee in an amount determined by the department, but not to
13exceed $150.
AB220,63,1914 (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.
AB220,63,2320 (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.
AB220,64,4 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.
AB220,64,10 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:
AB220,64,1111 (a) The name, address, and date of birth of all of the following:
AB220,64,1212 1. The registrant.
AB220,64,1313 2. Each primary caregiver if the registrant is a qualifying patient.
AB220,64,1414 3. The qualifying patient if the registrant is a primary caregiver.
AB220,64,1515 (b) The date of issuance and expiration date of the registry identification card.
AB220,64,1616 (c) A photograph of the registrant.
AB220,64,1717 (d) Other information the department may require by rule.
AB220,64,24 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.
AB220,65,4
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.
AB220,65,95 (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.
AB220,65,1310 (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.
AB220,65,14 14(6) Records. (a) The department shall maintain a list of all registrants.
AB220,65,1715 (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.
AB220,65,2118 (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.
AB220,65,23 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:
AB220,65,2424 (a) Creating forms for applications to be used under sub. (2).
AB220,66,2
1(b) Specifying how the department will verify the truthfulness of information
2 submitted on an application under sub. (2).
AB220,66,43 (c) Specifying how and under what circumstances registry identification cards
4may be renewed.
AB220,66,65 (d) Specifying how and under what changed circumstances a registry
6identification card may be revoked.
AB220,66,87 (e) Specifying under what circumstances an applicant whose application is
8denied may reapply.
AB220,66,129 (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.
AB220,66,1613 (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.
AB220,66,23 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.
AB220,95 24Section 95 . 146.46 of the statutes is created to read:
AB220,67,4
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.
AB220,96 5Section 96 . 146.81 (1) (L) of the statutes is amended to read:
AB220,67,66 146.81 (1) (L) A hospice licensed under subch. VI VII of ch. 50.
AB220,97 7Section 97 . 146.997 (1) (d) 18. of the statutes is amended to read:
AB220,67,88 146.997 (1) (d) 18. A hospice licensed under subch. VI VII of ch. 50.
AB220,98 9Section 98 . 157.06 (11) (hm) of the statutes is created to read:
AB220,67,1310 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.
AB220,99 14Section 99 . 157.06 (11) (i) of the statutes is amended to read:
AB220,67,1615 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.
AB220,100 17Section 100 . 289.33 (3) (d) of the statutes is amended to read:
AB220,68,1018 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.
AB220,101 11Section 101 . 340.01 (50m) (a) of the statutes is amended to read:
AB220,68,1312 340.01 (50m) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB220,102 14Section 102 . 340.01 (50m) (e) of the statutes is repealed.
AB220,103 15Section 103 . 340.01 (66m) of the statutes is created to read:
AB220,68,1716 340.01 (66m) “Tetrahydrocannabinols concentration" means the number of
17nanograms of tetrahydrocannabinols per milliliter of blood.
AB220,104 18Section 104 . 343.06 (1) (d) of the statutes is amended to read:
AB220,68,2519 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).
AB220,105
1Section 105. 343.10 (5) (a) 1. of the statutes is amended to read:
AB220,69,132 343.10 (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.
AB220,106 14Section 106 . 343.10 (5) (a) 2. of the statutes is amended to read:
AB220,69,1915 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
.
AB220,107 20Section 107 . 343.10 (8) (intro.) of the statutes is amended to read:
AB220,69,2521 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:
AB220,108
1Section 108. 343.12 (7) (a) 9. of the statutes is amended to read:
AB220,70,42 343.12 (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).
AB220,109 5Section 109 . 343.12 (7) (a) 11. of the statutes is amended to read:
AB220,70,86 343.12 (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)
.
AB220,110 9Section 110 . 343.16 (2) (b) of the statutes is amended to read:
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