SB1035: Bill Text

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:

SB1035,37 Section 37 . 767.41 (5) (d) of the statutes is created to read:

SB1035,30,15 767.41 (5) (d) The court may not consider as a factor in determining the legal custody of a child whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB1035,38 Section 38 . 767.451 (5m) (a) of the statutes is amended to read:

SB1035,30,20 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

SB1035,39 Section 39 . 767.451 (5m) (d) of the statutes is created to read:

SB1035,31,4 767.451 (5m) (d) In an action to modify a legal custody order, the court may not consider as a factor in making a determination whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB1035,40 Section 40 . 961.01 (5m) of the statutes is created to read:

SB1035,31,7 961.01 (5m) “Debilitating medical condition or treatment" has the meaning given in s. 146.44 (1) (b).

SB1035,41 Section 41 . 961.01 (12v) of the statutes is created to read:

SB1035,31,11 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor area that is capable of being locked or that requires a security device and that permits access only by a member of a treatment team.

SB1035,42 Section 42 . 961.01 (14c) of the statutes is created to read:

SB1035,31,14 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants and 3 ounces of usable cannabis.

SB1035,43 Section 43 . 961.01 (14g) of the statutes is created to read:

SB1035,31,16 961.01 (14g) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).

SB1035,44 Section 44 . 961.01 (17k) of the statutes is created to read:

SB1035,31,19 961.01 (17k) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

SB1035,45 Section 45 . 961.01 (19m) of the statutes is created to read:

SB1035,31,21 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).

SB1035,46 Section 46 . 961.01 (20hm) of the statutes is created to read:

SB1035,31,23 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

SB1035,47 Section 47 . 961.01 (20ht) of the statutes is created to read:

SB1035,32,2 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB1035,48 Section 48 . 961.01 (20t) of the statutes is created to read:

SB1035,32,5 961.01 (20t) “Treatment team" means a qualifying patient and his or her primary caregivers.

SB1035,49 Section 49 . 961.01 (21f) of the statutes is created to read:

SB1035,32,8 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.

SB1035,50 Section 50 . 961.01 (21t) of the statutes is created to read:

SB1035,32,10 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).

SB1035,51 Section 51 . 961.436 of the statutes is created to read:

SB1035,32,15 961.436 Medical cannabis defense. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

SB1035,32,17 (a) The manufacture or possession is by the treatment team to use medical cannabis.

SB1035,32,18 (b) The amount of cannabis does not exceed the maximum authorized amount.

SB1035,32,21 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB1035,32,23 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

SB1035,33,2 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply:

SB1035,33,4 (a) The distribution, delivery, or possession is by the treatment team to use medical cannabis.

SB1035,33,5 (b) The amount of cannabis does not exceed the maximum authorized amount.

SB1035,33,8 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB1035,33,10 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.