LRB-1055/1
CMH/JK/MCP/SWB:wlj/amn/cjs
2019 - 2020 LEGISLATURE
October 18, 2019 - Introduced by Senators Erpenbach, Testin,
Carpenter,
Hansen, Risser, Shilling, L. Taylor, Schachtner, Ringhand, Larson,
Miller, Johnson and Smith, cosponsored by Representatives C. Taylor,
Shankland, Zamarripa, Fields, Bowen, Sinicki, Kitchens, Considine,
Brostoff, Stuck, Milroy, Pope, Hesselbein, Gruszynski, Spreitzer, Novak,
Hebl, Ohnstad, Vruwink, Anderson, Crowley, Stubbs, Goyke and Hintz.
Referred to Committee on Government Operations, Technology and
Consumer Protection.
SB507,2,2
1An Act to renumber and amend 450.07 (1), 450.071 (1) and 968.19;
to amend
259.54 (25) (a) (intro.), 59.54 (25m), 66.0107 (1) (bm), 66.0107 (1) (bp), 66.1201
3(2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 77.52 (13),
477.53 (10), 101.123 (1) (h) (intro.), 102.43 (9) (e), 106.50 (1m) (h), 111.35 (2) (e),
5234.29, 289.33 (3) (d), 349.02 (2) (b) 4., 767.41 (5) (am) (intro.), 767.451 (5m) (a),
6961.555 (2) (am) 6., 961.56 (1) and 968.20 (1g) (intro.); and
to create 20.115 (7)
7(ge), 20.435 (1) (gq), 59.54 (25) (c), 66.0416, 77.54 (69), 94.57, 108.04 (5m),
8111.32 (15), 111.34 (1) (c), 111.35 (2) (f), 146.44, 450.03 (1) (em), 450.03 (1) (ep),
9450.07 (1) (b), 450.071 (1) (b) 2. and 3., 767.41 (5) (d), 767.451 (5m) (d), 961.01
10(5m), 961.01 (12v), 961.01 (14c), 961.01 (14g), 961.01 (17k), 961.01 (19m),
11961.01 (20hm), 961.01 (20ht), 961.01 (20t), 961.01 (21f), 961.01 (21t), 961.436,
12961.55 (8) (c), (d) and (e), 961.555 (2r), 961.5755, 968.072, 968.12 (6), 968.19 (2)
13and 968.20 (1j) of the statutes;
relating to: medical cannabis, providing an
1exemption from emergency rule procedures, granting rule-making authority,
2making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from manufacturing, distributing, or delivering
tetrahydrocannabinols; possessing THC with the intent to manufacture, distribute,
or deliver it; possessing or attempting to possess THC; using drug paraphernalia; or
possessing drug paraphernalia. This bill creates a medical use defense to such
THC-related prosecutions and forfeiture actions for a person who is registered with
the Department of Health Services as having a specified debilitating medical
condition or undergoing a specified debilitating treatment. The bill also prohibits the
arrest or prosecution of such a person for those offenses. The defense and prohibition
do not apply under certain circumstances, such as 1) if the person does not have a
valid registry identification card; 2) if the amount of cannabis involved is more than
12 plants and three ounces of leaves or flowers; 3) if, while under the influence of
THC, the person drives a motor vehicle or engages in other conduct that endangers
another person; or 4) if the person smokes cannabis on a school bus or public transit
or on school premises.
Under the bill, DHS must establish a medical cannabis registry, and a person
may apply to DHS for a registry identification card. The bill specifies that the
following medical conditions or treatments qualify a person for the registry: cancer,
glaucoma, AIDS or HIV, Crohn's disease, a hepatitis C virus infection, Alzheimer's
disease, amytrophic lateral sclerosis, nail-patella syndrome, Ehlers-Danlos
Syndrome, post-traumatic stress disorder, or the treatment of these conditions;
opioid abatement or reduction or treatment for opioid addiction; 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, or severe and
persistent muscle spasms; and any other medical condition or treatment DHS
designates as a debilitating medical condition or treatment. DHS must issue a
qualified applicant a registry identification card. DHS must keep registry
information and applications confidential except for verifying status for law
enforcement purposes. Under the bill, practitioners may not provide a written
certification to obtain a registry identification card for himself or herself or any
family member, and practitioners who provide written certifications for registry
identification cards may not have any financial interest connected to a person or
entity that grows, processes, or distributes cannabis.
The bill requires any person operating as a medical cannabis producer,
processor, or dispensary to obtain a license from the Department of Agriculture,
Trade and Consumer Protection. A producer is defined as a person who grows more
than 12 cannabis plants. An applicant may not obtain a license, and DATCP must
revoke a license, if the applicant or licensee is located within 500 feet of a school,
distributes more than 12 cannabis plants and three ounces of cannabis leaves or
flowers to any person, or possesses an excessive quantity of cannabis as determined
by DATCP. The bill also requires DATCP to register laboratories to conduct testing
on medical cannabis. A producer, processor, or dispensary may not have any
financial interest in a laboratory, and a laboratory may not have any financial
interest in a producer, processor, or dispensary. A license issued by DATCP under
the bill does not expire unless revoked. An applicant for a license must pay an initial
application fee of $250 and an annual fee of $5,000.
Under the bill, a licensed producer is prohibited from growing medical cannabis
for personal, family, or household use and may distribute its medical cannabis only
to a licensed processor. A licensed processor must send samples of the medical
cannabis that it processes to a registered laboratory to test the THC concentration
of the processor's products and test for the presence of certain contaminants. A
licensed processor may distribute cannabis plants and processed cannabis leaves or
flowers only to a licensed dispensary. A licensed dispensary may dispense medical
cannabis only to a qualifying patient or caregiver who presents a valid registry
identification card.
The bill authorizes DATCP to inspect, without prior notice, the premises and
records of a licensee or an applicant. DATCP may also establish rules for
administering and implementing the medical cannabis program as it relates to
producers, processors, dispensaries, and laboratories. The bill requires DATCP to
promulgate rules that are designed to promote and prioritize producers, processors,
and dispensaries that are small, local operations.
Finally, the bill prohibits discrimination in employment and licensing against
individuals who have valid certifications and registration cards based on their use
or possession of medical cannabis off the employer's premises during nonworking
hours, unless one of certain exceptions applies. The bill similarly provides that an
employee who is terminated solely due to a positive drug test for cannabis
components or metabolites or who violates the employer's policy concerning the use
of cannabis is not disqualified from receiving unemployment insurance or worker's
compensation benefits if the employee has a valid certification and registration card,
unless 1) the employee uses or possesses medical cannabis on the employer's
premises or during working hours; 2) the use impairs the individual's ability to
undertake adequately the job-related responsibilities of that individual's
employment; or 3) the action is necessary for the employer to avoid losing certain
benefits under federal law.
The bill changes state law regarding THC. It does not affect federal law, which
generally prohibits persons from manufacturing, delivering, or possessing THC and
applies to both intrastate and interstate violations.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB507,1
1Section 1
. 20.115 (7) (ge) of the statutes is created to read:
SB507,4,42
20.115
(7) (ge)
Medical cannabis licenses and registration. All moneys received
3under s. 94.57 (4) to license and regulate producers, processors, and dispensaries,
4and to register laboratories, under s. 94.57.
SB507,2
5Section
2. 20.435 (1) (gq) of the statutes is created to read:
SB507,4,86
20.435
(1) (gq)
Medical cannabis registry. All moneys received as fees under
7s. 146.44 (2) (a) 4. and (ac) 3. and (4m), for the purposes of the Medical Cannabis
8Registry Program under s. 146.44.
SB507,3
9Section 3
. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB507,4,2010
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
11the possession of marijuana, as defined in s. 961.01 (14), subject to
par. (c) and the
12exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
13ordinance
; except that if. Any ordinance enacted under this paragraph shall provide
14a person who is prosecuted under it with the defenses that the person has under s.
15961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If a complaint
16is issued regarding an allegation of possession of more than 25 grams of marijuana,
17or possession of any amount of marijuana following a conviction in this state for
18possession of marijuana, the subject of the complaint may not be prosecuted under
19this subsection for the same action that is the subject of the complaint unless all of
20the following occur:
SB507,4
21Section 4
. 59.54 (25) (c) of the statutes is created to read:
SB507,5,3
159.54
(25) (c) A person may not be prosecuted under an ordinance enacted
2under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
3prosecution under s. 961.41 (3g) (e).
SB507,5
4Section
5. 59.54 (25m) of the statutes is amended to read:
SB507,5,145
59.54
(25m) Drug paraphernalia. The board may enact an ordinance to
6prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
7(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
8Any ordinance enacted under this subsection shall provide a person prosecuted
9under it with the defenses that the person has under s. 961.5755 to prosecutions
10under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
11under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
12the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
13961.575 (1). The board may enforce an ordinance enacted under this subsection in
14any municipality within the county.
SB507,6
15Section 6
. 66.0107 (1) (bm) of the statutes is amended to read:
SB507,6,216
66.0107
(1) (bm) Enact and enforce an ordinance to prohibit the possession of
17marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
18(intro.), and provide a forfeiture for a violation of the ordinance
; except that if. Any
19ordinance enacted under this paragraph shall provide a person who is prosecuted
20under it with the defenses that the person has under s. 961.436 to prosecutions under
21s. 961.41 (1) (h), (1m) (h), or (3g) (e). If a complaint is issued regarding an allegation
22of possession of more than 25 grams of marijuana, or possession of any amount of
23marijuana following a conviction in this state for possession of marijuana, the subject
24of the complaint may not be prosecuted under this paragraph for the same action that
1is the subject of the complaint unless the charges are dismissed or the district
2attorney declines to prosecute the case.
SB507,7
3Section
7. 66.0107 (1) (bp) of the statutes is amended to read:
SB507,6,114
66.0107
(1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
5same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
6(2) and provide a forfeiture for violation of the ordinance.
Any ordinance enacted
7under this paragraph shall provide a person prosecuted under it with the defenses
8that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
9(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
10under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
11to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
SB507,8
12Section 8
. 66.0416 of the statutes is created to read:
SB507,6,16
1366.0416 Medical cannabis. No village, town, city, or county may enact or
14enforce an ordinance or a resolution that prohibits producing, processing,
15dispensing, testing, or possessing medical cannabis if those actions are lawfully done
16by one of the following:
SB507,6,17
17(1) A licensee under s. 94.57.
SB507,6,20
18(2) If the amount of cannabis does not exceed the maximum authorized
19amount, as defined in s. 961.01 (14c), a person who has a valid registry identification
20card, as defined in s. 146.44 (1) (g), and is one of the following:
SB507,6,2221
(a) A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
22to provide medical cannabis for his or her own use.
SB507,6,2423
(b) A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
24to provide medical cannabis for his or her qualifying patient.
SB507,9
25Section 9
. 66.1201 (2m) of the statutes is amended to read:
SB507,7,9
166.1201
(2m) Discrimination. Persons otherwise entitled to any right, benefit,
2facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
3facility, or privilege in any manner for any purpose nor be discriminated against
4because of sex, race, color, creed,
or sexual orientation
,; status as a victim of domestic
5abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u)
,; whether the
6person holds, or has applied for, a registry identification card, as defined in s. 146.44
7(1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h),
8or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or
9national origin.
SB507,10
10Section 10
. 66.1213 (3) of the statutes is amended to read:
SB507,7,1911
66.1213
(3) Discrimination. Persons otherwise entitled to any right, benefit,
12facility, or privilege under this section may not be denied the right, benefit, facility,
13or privilege in any manner for any purpose nor be discriminated against because of
14sex, race, color, creed,
or sexual orientation
,; status as a victim of domestic abuse,
15sexual assault, or stalking, as defined in s. 106.50 (1m) (u)
,; whether the person
16holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
17has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or
18has been a member of a treatment team, as defined in s. 961.01 (20t); or national
19origin.
SB507,11
20Section 11
. 66.1301 (2m) of the statutes is amended to read:
SB507,8,421
66.1301
(2m) Discrimination. Persons entitled to any right, benefit, facility,
22or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
23or privilege in any manner for any purpose nor be discriminated against because of
24sex, race, color, creed,
or sexual orientation
,; status as a victim of domestic abuse,
25sexual assault, or stalking, as defined in s. 106.50 (1m) (u)
,; whether the person
1holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
2has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or
3has been a member of a treatment team, as defined in s. 961.01 (20t); or national
4origin.
SB507,12
5Section 12
. 66.1331 (2m) of the statutes is amended to read:
SB507,8,146
66.1331
(2m) Discrimination. Persons otherwise entitled to any right, benefit,
7facility, or privilege under this section may not be denied the right, benefit, facility,
8or privilege in any manner for any purpose nor be discriminated against because of
9sex, race, color, creed,
or sexual orientation
,; status as a victim of domestic abuse,
10sexual assault, or stalking, as defined in s. 106.50 (1m) (u)
,; whether the person
11holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
12has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or
13has been a member of a treatment team, as defined in s. 961.01 (20t); or national
14origin.
SB507,13
15Section 13
. 66.1333 (3) (e) 2. of the statutes is amended to read:
SB507,8,2316
66.1333
(3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
17privilege under this section may not be denied the right, benefit, facility, or privilege
18in any manner for any purpose nor be discriminated against because of sex, race,
19color, creed,
or sexual orientation
,
; status as a victim of domestic abuse, sexual
20assault, or stalking, as defined in s. 106.50 (1m) (u)
,
; whether the person holds, or
21has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been
22the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been
23a member of a treatment team, as defined in s. 961.01 (20t); or national origin.
SB507,14
24Section 14
. 77.52 (13) of the statutes is amended to read:
SB507,9,12
177.52
(13) For the purpose of the proper administration of this section and to
2prevent evasion of the sales tax it shall be presumed that all receipts are subject to
3the tax until the contrary is established. The burden of proving that a sale of tangible
4personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
5is not a taxable sale at retail is upon the person who makes the sale unless that
6person takes from the purchaser an electronic or a paper certificate, in a manner
7prescribed by the department, to the effect that the property, item, good, or service
8is purchased for resale or is otherwise exempt, except that no certificate is required
9for the sale of tangible personal property, or items, property, or goods under sub. (1)
10(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
11(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
12(51), (52), (66),
and (67)
, and (69).
SB507,15
13Section 15
. 77.53 (10) of the statutes is amended to read:
SB507,9,2414
77.53
(10) For the purpose of the proper administration of this section and to
15prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
16tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
17(d), or taxable services sold by any person for delivery in this state is sold for storage,
18use, or other consumption in this state until the contrary is established. The burden
19of proving the contrary is upon the person who makes the sale unless that person
20takes from the purchaser an electronic or paper certificate, in a manner prescribed
21by the department, to the effect that the property, or items, property, or goods under
22s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
23exempt from the tax, except that no certificate is required for the sale of tangible
24personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
1services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
2(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52),
and (67)
, and (69).
SB507,16
3Section 16
. 77.54 (69) of the statutes is created to read:
SB507,10,64
77.54
(69) The sales price from the sales of and the storage, use, or other
5consumption of medical cannabis and drug paraphernalia delivered or distributed
6by a dispensary licensed under s. 94.57.
SB507,17
7Section 17
. 94.57 of the statutes is created to read:
SB507,10,8
894.57 Medical cannabis. (1)
Definitions. In this section:
SB507,10,139
(b) “Dispensary” means a person who obtains packaged and labelled medical
10cannabis from a licensed processor and dispenses that cannabis, and cannabis
11paraphernalia, at a permanent location to a member of a treatment team holding a
12valid registry identification card issued under s. 146.44, regardless of whether the
13dispensing is done in exchange for monetary consideration.
SB507,10,1614
(c) “Laboratory” means a person who obtains medical cannabis from a licensed
15processor and tests that cannabis for tetrahydrocannabinol content and the presence
16of molds, pesticides, heavy metals, and other contaminants.
SB507,10,1817
(d) “Licensee” means a producer, processor, or dispensary that holds a valid
18license under this section.
SB507,10,1919
(e) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
SB507,10,2220
(f) “Medical cannabis" means a cannabis plant or usable cannabis that is
21intended to be used by a qualifying patient registered under s. 146.44 to alleviate the
22symptoms or effects of the patient's debilitating medical condition or treatment.
SB507,11,223
(g) “Processor" means a person who obtains medical cannabis from a licensed
24producer, processes the medical cannabis into usable cannabis or individual
25cannabis plants, packages and labels the usable cannabis or cannabis plants, and
1transfers or sells the packaged and labelled usable cannabis or cannabis plants to a
2licensed dispensary.
SB507,11,53
(h) “Producer” means a person who plants, grows, cultivates, or harvests more
4than 12 cannabis plants for medical cannabis and transfers or sells the medical
5cannabis to a licensed processor.
SB507,11,66
(i) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
SB507,11,77
(j) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
SB507,11,88
(k) “School” has the meaning given in s. 118.257 (1) (d).