SB377: Bill Text

SB377,54 Section 54 . 30.681 (1) (d) of the statutes is renumbered 30.681 (1) (d) 1. and amended to read:

SB377,21,13 30.681 (1) (d) 1. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,55 Section 55 . 30.681 (1) (d) 2. of the statutes is created to read:

SB377,21,19 30.681 (1) (d) 2. In an action under par. (b) 1g. or (bn) 2. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,56 Section 56 . 30.681 (2) (b) (title) of the statutes is amended to read:

SB377,21,22 30.681 (2) (b) (title) Causing injury after using a controlled substance or, alcohol, or tetrahydrocannabinols.

SB377,57 Section 57 . 30.681 (2) (b) 1g. of the statutes is created to read:

SB377,21,25 30.681 (2) (b) 1g. No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of a motorboat.

SB377,58 Section 58. 30.681 (2) (c) of the statutes is amended to read:

SB377,22,11 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1g., 1m., or 2. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a) or (b) 1., 1g., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1g., 1m., and 2. each require proof of a fact for conviction which the others do not require.

SB377,59 Section 59 . 30.681 (2) (d) 1. a. of the statutes is amended to read:

SB377,22,20 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or more or a detectable amount of a restricted controlled substance in his or her blood.

SB377,60 Section 60 . 30.681 (2) (d) 1. b. of the statutes is amended to read:

SB377,23,3 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,61 Section 61 . 30.681 (2) (d) 1. c. of the statutes is created to read:

SB377,23,9 30.681 (2) (d) 1. c. In an action under par. (b) 1g. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,62 Section 62 . 30.684 (4) of the statutes is amended to read:

SB377,23,20 30.684 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated boating law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB377,63 Section 63 . 30.80 (6) (d) of the statutes is amended to read:

SB377,24,5 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB377,64 Section 64 . 49.148 (4) (a) of the statutes is amended to read:

SB377,24,21 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB377,65 Section 65 . 49.45 (23) (g) 5. of the statutes is amended to read:

SB377,25,3 49.45 (23) (g) 5. Require, as a condition of eligibility, that an applicant or enrollee submit to a drug screening assessment and, if indicated, a drug test, as specified by the department in the waiver amendment. The department may not test under this subdivision for tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB377,66 Section 66 . 49.79 (1) (b) of the statutes is amended to read:

SB377,25,8 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except “controlled substance” does not include tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB377,67 Section 67 . 50.56 (3) of the statutes is amended to read:

SB377,25,13 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this subchapter and the rules promulgated under this subchapter control.

SB377,68 Section 68 . Subchapter VI of chapter 50 [precedes 50.80] of the statutes is created to read:

SB377,25,16 chapter 50

SB377,25,17 subchapter VI

SB377,25,19 distribution and testing centers

SB377,25,20 50.80 Definitions. In this subchapter:

SB377,25,22 (1) “Compassion center" means a licensed organization that grows, sells, distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.

SB377,25,23 (2) “Debilitating medical condition or treatment" means any of the following:

SB377,26,4 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

SB377,26,8 (b) A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB377,26,11 (c) Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department under s. 50.81 (2).

SB377,26,12 (2m) “Department" means the department of health services.

SB377,26,14 (3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces of usable marijuana.

SB377,26,15 (4) “Medical use of tetrahydrocannabinols" means any of the following:

SB377,26,18 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

SB377,26,21 (b) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or her use of tetrahydrocannabinols under par. (a).

SB377,27,2 (c) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols in any form between a qualifying patient and his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form between persons who are primary caregivers for the same qualifying patient if all of the following apply:

SB377,27,5 1. The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

SB377,27,8 2. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

SB377,27,9 (4m) “Physician” means a person licensed under s. 448.04 (1) (a).

SB377,27,12 (5) “Primary caregiver" means a person who is at least 18 years of age and who has agreed to help a qualifying patient in his or her medical use of tetrahydrocannabinols.

SB377,27,15 (6) “Qualifying patient" means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

SB377,27,18 (a) The person's physician has explained the potential risks and benefits of the medical use of tetrahydrocannabinols to the person and to a parent, guardian, or individual who has legal custody of the person.

SB377,27,20 (b) The parent, guardian, or individual who has legal custody of the person provides the physician a written statement consenting to do all of the following:

SB377,27,21 1. Allow the person's medical use of tetrahydrocannabinols.

SB377,27,22 2. Serve as a primary caregiver for the person.

SB377,27,23 3. Manage the person's medical use of tetrahydrocannabinols.

SB377,27,24 (7) “Registry identification card" has the meaning given in s. 146.44 (1) (h).

SB377,28,2 (8) “Treatment team" means a qualifying patient and his or her primary caregivers.

SB377,28,3 (9) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB377,28,5 (10) “Written certification" means a statement made by a person's physician if all of the following apply:

SB377,28,9 (a) The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a) would likely outweigh the health risks for the person.

SB377,28,13 (b) The statement indicates that the opinion described in par. (a) was formed after a full assessment, conducted no more than 6 months prior to making the statement and made in the course of a bona fide physician-patient relationship, of the person's medical history and current medical condition.

SB377,28,15 (c) The statement is signed by the physician or is contained in the person's medical records.

SB377,28,17 (d) The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

SB377,28,19 50.81 Departmental powers and duties. (1) The department shall provide licensing, regulation, record keeping, and security for compassion centers.

SB377,29,2 (2) Notwithstanding s. 227.12 (1), any person may petition the department to promulgate a rule to designate a medical condition or treatment as a debilitating medical condition or treatment. The department shall promulgate rules providing for public notice of and a public hearing regarding any such petition, with the public hearing providing persons an opportunity to comment upon the petition. After the hearing, but no later than 180 days after the submission of the petition, the department shall approve or deny the petition. The department's decision to approve or deny a petition is subject to judicial review under s. 227.52.

SB377,29,5 50.82 Licensing. The department shall issue licenses to a pharmacist or a pharmacy to operate as a compassion center and shall decide which and how many applicants for a license receive a license based on all of the following:

SB377,29,7 (1) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

SB377,29,8 (2) The experience the applicant has running an organization or a business.

SB377,29,10 (3) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

SB377,29,12 (4) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

SB377,29,13 (5) The ability of the applicant to abide by the prohibitions under s. 50.83.

SB377,29,16 50.83 Prohibitions. The department may not issue a license to operate as a compassion center to, and must revoke a license of, any organization to which any of the following applies:

SB377,29,18 (1) The organization is located within 500 feet of a public or private elementary or secondary school, including a charter school.

SB377,29,21 (2) The compassion center distributes to a treatment team a number of plants or an amount in ounces of usable marijuana that, in the period of distribution, results in the treatment team possessing more than the maximum medicinal amount.

SB377,29,25 (3) The compassion center possesses a number of plants or an amount in ounces of usable marijuana that exceeds the combined maximum medicinal amount for all of the treatment teams that are estimated to use the organization by a number or an amount determined by the department by rule to be unacceptable.

SB377,30,3 50.84 Licensing procedure. (1) The application for a license must be in writing on a form provided by the department and include the licensing application fee under sub. (2) (a).

SB377,30,4 (2) (a) A licensing application fee is $250.

SB377,30,5 (b) The annual fee for a compassion center is $5,000.

SB377,30,8 (3) A compassion center license is valid until revoked. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

SB377,30,13 50.85 Distribution of medical marijuana. (1) A compassion center may sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for the storage or use of usable marijuana to a member of a treatment team if the compassion center receives a copy of the qualifying patient's written certification or registry identification card.

SB377,30,15 (2) A compassion center may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).

SB377,30,17 (3) A compassion center may have 2 locations, one for cultivation and one for sales, distribution, or delivery.

SB377,30,23 (4) A compassion center shall have all tetrahydrocannabinols tested for mold, fungus, pesticides, and other contaminants and may not sell, distribute, or deliver tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other contaminants if the contaminants, or level of contaminants, are identified by the testing laboratories under s. 50.86 (2) to be potentially unsafe to a qualifying patient's health.

SB377,30,24 (5) A compassion center may cultivate marijuana outdoors.

SB377,31,4 50.86 Testing laboratories. The department shall register entities as tetrahydrocannabinols testing laboratories. The laboratories may possess or manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the following services:

SB377,31,6 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

SB377,31,9 (2) Collect information on research findings and conduct research related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

SB377,31,12 (3) Provide training to persons who hold registry identification cards or written certifications, to treatment teams, and to persons employed by compassion centers on the following:

SB377,31,14 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

SB377,31,15 (b) Security and inventory accountability procedures.