SB1035: Bill Text

SB1035,20,17 4. 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. 961.436 (5).

SB1035,20,18 (c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).

SB1035,20,20 (cm) “Out-of-state registry identification card" means a document that is valid as provided under sub. (7) (f).

SB1035,20,23 (cp) “Practitioner” means a person licensed as a physician, as defined in s. 448.01 (5), a physician assistant, or an advanced practice nurse prescriber certified under s. 441.16 (2).

SB1035,20,25 (d) “Primary caregiver" means a person who has agreed to help a qualifying patient use or acquire medical cannabis and who has a registry identification card.

SB1035,21,4 (e) “Qualifying patient" means a person who has been diagnosed in the course of a bona fide practitioner-patient relationship 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:

SB1035,21,7 1. The person's practitioner has explained the potential risks and benefits of using medical cannabis to the person and to a parent, guardian, or person having legal custody of the person.

SB1035,21,9 2. The parent, guardian, or person having legal custody of the person provides to the practitioner a written statement consenting to do all of the following:

SB1035,21,10 a. Allow the person to use medical cannabis.

SB1035,21,11 b. Serve as a primary caregiver for the person.

SB1035,21,12 c. Manage the person's use of medical cannabis.

SB1035,21,13 (f) “Registrant" means a person to whom a registry identification card is issued.

SB1035,21,15 (g) “Registry identification card" means a document issued by the department under sub. (4) that identifies a person as a qualifying patient or primary caregiver.

SB1035,21,17 (h) “Written certification" means a statement written by a person's practitioner if all of the following apply:

SB1035,21,21 1. The statement indicates that, in the practitioner's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of using medical cannabis would likely outweigh the health risks for the person.

SB1035,21,23 2. The statement indicates that the opinion described in subd. 1. was made in the course of a bona fide practitioner-patient relationship.

SB1035,21,25 3. The statement is signed by the practitioner or is contained in the person's medical records.

SB1035,22,3 (1m) Practitioner restrictions. (a) No practitioner may provide himself or herself or any member of his or her family with a written certification for submission with an application under sub. (2).

SB1035,22,6 (b) No practitioner who provides a written certification under this section may have a financial interest in any way connected to a person or entity that produces, processes, dispenses, or tests cannabis.

SB1035,22,9 (2) Application. (a) An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department all of the following:

SB1035,22,11 1. A signed application form that contains the applicant's name, address, and date of birth.

SB1035,22,12 2. A written certification.

SB1035,22,14 3. The name, address, and telephone number of the applicant's current practitioner, as listed in the written certification.

SB1035,22,19 4. A registration fee in an amount determined by the department but not to exceed $150, except that for an applicant who is a recipient of medical assistance under subch. IV of ch. 49, is receiving benefits under the federal social security disability insurance program under 42 USC 423 or the federal supplemental security income program under 42 USC 1381, or is a veteran, the fee shall be $50.

SB1035,22,22 (ac) A person who is at least 21 years of age may apply for a registry identification card as a primary caregiver by submitting to the department all of the following:

SB1035,22,24 1. A signed application form that contains the applicant's name, address, and date of birth.

SB1035,23,2 2. A copy of a written certification or copy of a registration identification card for each qualifying patient for whom the applicant will be the primary caregiver.

SB1035,23,3 3. A registration fee of $250.

SB1035,23,7 (b) The department shall promulgate rules specifying how a parent, guardian, or person having legal custody of a child may apply for a registry identification card for the child and the circumstances under which the department may approve or deny the application.

SB1035,23,11 (3) Processing the application. The department shall verify the information the applicant submitted under sub. (2) (a) or (ac) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) (a) or (ac) only if any of the following applies:

SB1035,23,13 (a) The applicant did not provide the required information or provided false information.

SB1035,23,15 (b) The department is required to deny the application under the rules promulgated under sub. (2) (b).

SB1035,23,20 (4) Issuing a registry identification card. The department shall issue an applicant a registry identification card within 5 days after approving the application under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules promulgated under sub. (7) (d), a registry identification card expires 2 years from the date of issuance. A registry identification card shall contain all of the following:

SB1035,23,21 (a) The name, address, and date of birth of all of the following:

SB1035,23,22 1. The registrant.

SB1035,23,23 2. Each primary caregiver, if the registrant is a qualifying patient.

SB1035,23,24 3. Each qualifying patient, if the registrant is a primary caregiver.

SB1035,23,25 (b) The date of issuance and expiration date of the registry identification card.

SB1035,24,1 (c) A photograph of the registrant.

SB1035,24,2 (d) Other information the department may require by rule.

SB1035,24,3 (4m) Annual fee. Primary caregivers shall pay an annual fee of $250.

SB1035,24,13 (5) Additional information to be provided by registrant. (a) 1. An adult registrant shall notify the department of any change in the registrant's name and address. An adult registrant who is a qualifying patient shall notify the department of any change in his or her practitioner, of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment, and if a primary caregiver stops helping the registrant use or acquire medical cannabis. A registrant who is a primary caregiver shall notify the department if the registrant becomes a primary caregiver for an additional qualifying patient and shall include with the notice a copy of a written certification or copy of a registration identification card for each additional qualifying patient.

SB1035,24,17 2. If a qualifying patient is a child, a primary caregiver for the child shall provide the department with any information that the child, if he or she were an adult qualifying patient, would have to provide under subd. 1. within 10 days after the date of the change to which the information relates.

SB1035,24,22 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a) 1., his or her registry identification card is void. If a registrant fails to comply with par. (a) 2., the registry identification card for the qualifying patient to whom the information under par. (a) 2. relates is void.

SB1035,25,2 (c) If a qualifying patient's registry identification card becomes void under par. (b), the registry identification card for each of the qualifying patient's primary caregivers with regard to that qualifying patient is void. The department shall send written notice of this fact to each such primary caregiver.

SB1035,25,3 (6) Records. (a) The department shall maintain a list of all registrants.

SB1035,25,6 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not disclose information from an application submitted or a registry identification card issued under this section.

SB1035,25,9 (c) The department may disclose to a law enforcement agency, upon the request of the law enforcement agency, only information necessary to verify that a person possesses a valid registry identification card.

SB1035,25,10 (7) Rules. The department shall promulgate rules that do all of the following:

SB1035,25,11 (a) Create a form for an application under sub. (2).

SB1035,25,13 (b) Specify how the department will verify under sub. (3) the information submitted under sub. (2).

SB1035,25,15 (bm) Specify how photographs under sub. (4) (c) must be taken and the requirements for such photographs.

SB1035,25,17 (c) Specify how and under what circumstances registry identification cards may be renewed.

SB1035,25,19 (d) Specify how and under what changed circumstances a registry identification card may be revoked.

SB1035,25,21 (e) Specify under what circumstances an applicant whose application is denied may reapply.

SB1035,25,23 (f) Ensure that out-of-state registry identification cards are valid only if all of the following apply:

SB1035,26,3 1. The person holding the out-of-state registry identification card has been diagnosed with or is undergoing a debilitating medical condition or treatment that has been approved by the jurisdiction that issued the card.

SB1035,26,7 2. The out-of-state registry identification card allows for the use of medical cannabis by the person who holds the card, the card is valid in the jurisdiction in which it was provided, and the person who holds the card is a resident of that jurisdiction.

SB1035,26,11 3. The person who holds the out-of-state registry identification card has not been a resident of Wisconsin for a period longer than a period the department determines would allow the person to apply for a registry identification card in Wisconsin.

SB1035,26,14 (g) Create guidelines for issuing registry identification cards, and for obtaining and distributing medical cannabis, to persons under the care of the department who have a debilitating medical condition or treatment.

SB1035,27 Section 27 . 234.29 of the statutes is amended to read:

SB1035,27,2 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

SB1035,28 Section 28 . 289.33 (3) (d) of the statutes is amended to read:

SB1035,27,21 289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

SB1035,29 Section 29 . 349.02 (2) (b) 4. of the statutes is amended to read:

SB1035,27,24 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

SB1035,30 Section 30 . 450.03 (1) (em) of the statutes is created to read:

SB1035,28,2 450.03 (1) (em) Any person acting within the scope of a valid medical cannabis producer, processor, or dispensary license under s. 94.57.

SB1035,31 Section 31 . 450.03 (1) (ep) of the statutes is created to read:

SB1035,28,5 450.03 (1) (ep) An individual who plants, grows, cultivates, or harvests no more than 12 cannabis plants if the individual is any of the following:

SB1035,28,7 1. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions to provide medical cannabis for his or her own use.

SB1035,28,9 2. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions to provide medical cannabis for his or her qualifying patient.

SB1035,32 Section 32. 450.07 (1) of the statutes is amended to read:

SB1035,28,15 450.07 (1) Except as provided under sub. subs. (1m) and (1s), no person may engage in manufacturing in this state unless the person obtains a manufacturer's license from the board. For the issuance of a license under this subsection, the applicant shall pay the initial credential fee determined by the department under s. 440.03 (9) (a).

SB1035,33 Section 33 . 450.07 (1s) of the statutes is created to read:

SB1035,28,19 450.07 (1s) (a) No license under this section is required for a person acting within the scope of a valid medical cannabis producer, processor, or dispensary license under s. 94.57.

SB1035,28,22 (b) No license under this section is required for an individual who plants, grows, cultivates, or harvests no more than 12 cannabis plants if the individual is any of the following:

SB1035,28,24 1. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions to provide medical cannabis for his or her own use.

SB1035,29,2 2. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions to provide medical cannabis for his or her qualifying patient.

SB1035,34 Section 34 . 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and amended to read:

SB1035,29,7 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs.

SB1035,29,12 (b) 1. The board shall exempt from the licensure requirement under this section a manufacturer that distributes prescription drugs or devices manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.

SB1035,35 Section 35 . 450.071 (1) (b) 2. and 3. of the statutes are created to read:

SB1035,29,16 450.071 (1) (b) 2. No license under this section is required for a person acting within the scope of a valid medical cannabis producer, processor, or dispensary license under s. 94.57.

SB1035,29,19 3. No license under this section is required for an individual who plants, grows, cultivates, or harvests no more than 12 cannabis plants if the individual is any of the following:

SB1035,29,21 a. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions to provide medical cannabis for his or her own use.

SB1035,29,23 b. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions to provide medical cannabis for his or her qualifying patient.

SB1035,36 Section 36. 767.41 (5) (am) (intro.) of the statutes, as affected by 2021 Wisconsin Act 37, is amended to read:

SB1035,30,7 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider all of the following factors, which are not necessarily listed in order of importance, in making its determination: