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SB70-AA3,144,223 49.47 (4) (ag) 2. Pregnant and the woman's pregnancy is medically verified.
24Eligibility continues to the last day of the month in which the 60th day or, if approved

1by the federal government, the 90th 365th day after the last day of the pregnancy
2falls.
SB70-AA3,161 3Section 161. 49.471 (6) (b) of the statutes is amended to read:
SB70-AA3,144,84 49.471 (6) (b) A pregnant woman who is determined to be eligible for benefits
5under sub. (4) remains eligible for benefits under sub. (4) for the balance of the
6pregnancy and to the last day of the month in which the 60th day or, if approved by
7the federal government, the 90th 365th day after the last day of the pregnancy falls
8without regard to any change in the woman's family income.
SB70-AA3,162 9Section 162. 49.471 (7) (b) 1. of the statutes is amended to read:
SB70-AA3,144,2010 49.471 (7) (b) 1. A pregnant woman whose family income exceeds 300 percent
11of the poverty line may become eligible for coverage under this section if the
12difference between the pregnant woman's family income and the applicable income
13limit under sub. (4) (a) is obligated or expended for any member of the pregnant
14woman's family for medical care or any other type of remedial care recognized under
15state law or for personal health insurance premiums or for both. Eligibility obtained
16under this subdivision continues without regard to any change in family income for
17the balance of the pregnancy and to the last day of the month in which the 60th day
18or, if approved by the federal government, the 90th 365th day after the last day of the
19woman's pregnancy falls. Eligibility obtained by a pregnant woman under this
20subdivision extends to all pregnant women in the pregnant woman's family.
SB70-AA3,163 21Section 163. 49.79 (1) (b) of the statutes is amended to read:
SB70-AA3,144,2522 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
23except that “controlled substance” does not include tetrahydrocannabinols in any
24form, including tetrahydrocannabinols contained in marijuana, obtained from
25marijuana, or chemically synthesized
.
SB70-AA3,164
1Section 164. 59.54 (25) (title) of the statutes is amended to read:
SB70-AA3,145,22 59.54 (25) (title) Possession Regulation of marijuana.
SB70-AA3,165 3Section 165. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB70-AA3,145,124 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
5the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
6s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
7is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
8an allegation of possession of more than 25 grams of marijuana, or possession of any
9amount of marijuana following a conviction in this state for possession of marijuana

10alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
11not be prosecuted under this subsection for the same action that is the subject of the
12complaint unless all of the following occur:
SB70-AA3,166 13Section 166. 66.0107 (1) (bm) of the statutes is amended to read:
SB70-AA3,145,2314 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
15marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
16(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
17with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation
18of possession of more than 25 grams of marijuana, or possession of any amount of
19marijuana following a conviction in this state for possession of marijuana
alleging
20a violation of s. 961.72 (2) (b) 2. or (c) 3.
, the subject of the complaint may not be
21prosecuted under this paragraph for the same action that is the subject of the
22complaint unless the charges are dismissed or the district attorney declines to
23prosecute the case.
SB70-AA3,167 24Section 167. 66.04185 of the statutes is created to read:
SB70-AA3,146,4
166.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
2county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
3by an individual who has no more than 6 marijuana plants at one time for his or her
4personal use.
SB70-AA3,168 5Section 168. 73.17 of the statutes is created to read:
SB70-AA3,146,7 673.17 Medical marijuana registry program. (1) Definitions. In this
7section:
SB70-AA3,146,88 (a) “Debilitating medical condition or treatment” means any of the following:
SB70-AA3,146,149 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
10the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
11inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
12hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
13patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
14treatment of these conditions.
SB70-AA3,146,1815 2. A chronic or debilitating disease or medical condition or the treatment of
16such a disease or condition that causes cachexia, severe pain, severe nausea,
17seizures, including those characteristic of epilepsy, or severe and persistent muscle
18spasms, including those characteristic of multiple sclerosis.
SB70-AA3,146,1919 (b) “Department” means the department of revenue.
SB70-AA3,146,2020 (c) “Physician” means a person licensed under s. 448.04 (1) (a).
SB70-AA3,146,2321 (d) “Qualifying patient” means a person who has been diagnosed by a physician
22as having or undergoing a debilitating medical condition or treatment but does not
23include a person under the age of 18 years.
SB70-AA3,146,2524 (e) “Tax exemption certificate” means a certificate to claim the exemption under
25s. 77.54 (71).
SB70-AA3,147,1
1(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-AA3,147,32 (g) “Written certification” means means a statement made by a person's
3physician if all of the following apply:
SB70-AA3,147,74 1. The statement indicates that, in the physician's professional opinion, the
5person has or is undergoing a debilitating medical condition or treatment and the
6potential benefits of the person's use of usable marijuana would likely outweigh the
7health risks for the person.
SB70-AA3,147,118 2. The statement indicates that the opinion described in subd. 1. was formed
9after a full assessment of the person's medical history and current medical condition
10that was conducted no more than 6 months prior to making the statement and that
11was made in the course of a bona fide physician-patient relationship.
SB70-AA3,147,1312 3. The statement is signed by the physician or is contained in the person's
13medical records.
SB70-AA3,147,1514 4. The statement contains an expiration date that is no more than 48 months
15after issuance and the statement has not expired.
SB70-AA3,147,18 16(2) Application. An adult who is claiming to be a qualifying patient may apply
17for a registry identification card by submitting to the department a signed
18application form containing or accompanied by all of the following:
SB70-AA3,147,1919 (a) His or her name, address, and date of birth.
SB70-AA3,147,2020 (b) A written certification.
SB70-AA3,147,2221 (c) The name, address, and telephone number of the person's current physician,
22as listed in the written certification.
SB70-AA3,148,2 23(3) Processing the application. The department shall verify the information
24contained in or accompanying an application submitted under sub. (2) and shall
25approve or deny the application within 30 days after receiving it. The department

1may deny an application submitted under sub. (2) only if the required information
2has not been provided or if false information has been provided.
SB70-AA3,148,10 3(4) Issuing a registry identification card and tax exemption certificate. The
4department shall issue to the applicant a registry identification card and tax
5exemption certificate within 5 days after approving an application under sub. (3).
6Unless voided under sub. (5) (b) or revoked under rules issued by the department
7under sub. (7), a registry identification card and tax exemption certificate shall
8expire 4 years from the date of issuance. A tax exemption certificate shall contain
9the information determined by the department. A registry identification card shall
10contain all of the following:
SB70-AA3,148,1111 (a) The name, address, and date of birth of the registrant.
SB70-AA3,148,1212 (b) The date of issuance and expiration date of the registry identification card.
SB70-AA3,148,1313 (c) A photograph of the registrant.
SB70-AA3,148,1414 (d) Other information the department may require by rule.
SB70-AA3,148,19 15(5) Additional information to be provided by registrant. (a) A registrant
16shall notify the department of any change in the registrant's name and address. A
17registrant who is a qualifying patient shall notify the department of any change in
18his or her physician or of any significant improvement in his or her health as it
19relates to his or her debilitating medical condition or treatment.
SB70-AA3,148,2220 (b) If a registrant fails to notify the department within 10 days after any change
21for which notification is required under par. (a), his or her registry identification card
22and tax exemption certificate is void.
SB70-AA3,148,23 23(6) Records. (a) The department shall maintain a list of all registrants.
SB70-AA3,149,3
1(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
2may not disclose information from an application submitted or a registry
3identification card issued under this section.
SB70-AA3,149,74 (c) The department may disclose to state or local law enforcement agencies
5information from an application submitted by, or from a registry identification card
6issued to, a specific person under this section for the purpose of verifying that the
7person possesses a valid registry identification card.
SB70-AA3,149,8 8(7) Rules. The department shall promulgate rules to implement this section.
SB70-AA3,169 9Section 169. 77.54 (71) of the statutes is created to read:
SB70-AA3,149,1210 77.54 (71) The sales price from the sale of and the storage, use, or other
11consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
12individual who holds a valid certificate issued under s. 73.17 (4).
SB70-AA3,170 13Section 170. 94.55 (2t) of the statutes is repealed.
SB70-AA3,171 14Section 171. 94.56 of the statutes is created to read:
SB70-AA3,149,16 1594.56 Marijuana producers and processors. (1) Definitions. In this
16section:
SB70-AA3,149,1917 (a) “Labor peace agreement” means an agreement between a person applying
18for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
19that does all of the following:
SB70-AA3,149,2220 1. Prohibits labor organizations and its members from engaging in picketing,
21work stoppages, boycotts, and any other economic interference with persons doing
22business in this state.
SB70-AA3,149,2423 2. Prohibits the applicant from disrupting the efforts of the labor organization
24to communicate with and to organize and represent the applicant's employees.
SB70-AA3,150,4
13. Provides the labor organization access at reasonable times to areas in which
2the applicant's employees work for the purpose of meeting with employees to discuss
3their right to representation, employment rights under state law, and terms and
4conditions of employment.
SB70-AA3,150,55 (b) “Marijuana" has the meaning given in s. 961.70 (2).
SB70-AA3,150,66 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
SB70-AA3,150,77 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
SB70-AA3,150,88 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
SB70-AA3,150,109 (f) “Permittee” means a marijuana producer or marijuana processor who is
10issued a permit under this section.
SB70-AA3,150,19 11(2) Permit required. (a) No person may operate in this state as a marijuana
12producer or marijuana processor without a permit from the department. A person
13who acts as a marijuana producer and a marijuana processor shall obtain a separate
14permit for each activity. A permit issued under this section is not transferable from
15one person to another or from one premises to another. A separate permit is required
16for each place in this state where the operations of a marijuana producer or
17marijuana processor occur. A person is not required to obtain a permit under this
18section if the person produces or processes only industrial hemp and holds a valid
19license under s. 94.55.
SB70-AA3,150,2220 (b) This subsection applies to all officers, directors, agents, and stockholders
21holding 5 percent or more of the stock of any corporation applying for a permit under
22this section.
SB70-AA3,150,2423 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
24not be granted to any person to whom any of the following applies:
SB70-AA3,151,2
11. The person has been convicted of a violent misdemeanor, as defined in s.
2941.29 (1g) (b), at least 3 times.
SB70-AA3,151,43 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
4(a), unless pardoned.
SB70-AA3,151,65 3. During the preceding 3 years, the person has been committed under s. 51.20
6for being drug dependent.
SB70-AA3,151,117 4. The person chronically and habitually uses alcohol beverages or other
8substances to the extent that his or her normal faculties are impaired. A person is
9presumed to chronically and habitually use alcohol beverages or other substances to
10the extent that his or her normal faculties are impaired if, within the preceding 3
11years, any of the following applies:
SB70-AA3,151,1312 a. The person has been committed for involuntary treatment under s. 51.45
13(13).
SB70-AA3,151,1414 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB70-AA3,151,2415 c. In 2 or more cases arising out of separate incidents, a court has found the
16person to have committed a violation of s. 346.63 or a local ordinance in conformity
17with that section; a violation of a law of a federally recognized American Indian tribe
18or band in this state in conformity with s. 346.63; or a violation of the law of another
19jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
20intoxicated, while under the influence of a controlled substance, a controlled
21substance analog, or a combination thereof, with an excess or specified range of
22alcohol concentration, or while under the influence of any drug to a degree that
23renders the person incapable of safely driving, as those or substantially similar
24terms are used in that jurisdiction's laws.
SB70-AA3,152,2
15. The person has income that comes principally from gambling or has been
2convicted of 2 or more gambling offenses.
SB70-AA3,152,33 6. The person has been convicted of crimes relating to prostitution.
SB70-AA3,152,54 7. The person has been convicted of crimes relating to loaning money or
5anything of value to persons holding licenses or permits pursuant to ch. 125.
SB70-AA3,152,66 8. The person is under the age of 21.
SB70-AA3,152,87 9. The person has not been a resident of this state continuously for at least 90
8days prior to the application date.
SB70-AA3,152,149 (cm) An applicant with 20 or more employees may not receive a permit under
10this section unless the applicant certifies to the department that the applicant has
11entered into a labor peace agreement and will abide by the terms of the agreement
12as a condition of maintaining a valid permit under this section. The applicant shall
13submit to the department a copy of the page of the labor peace agreement that
14contains the signatures of the labor organization representative and the applicant.
SB70-AA3,152,2415 (cn) The department shall use a competitive scoring system to determine which
16applicants are eligible to receive a permit under this section. The department shall
17issue permits to the highest scoring applicants that it determines will best protect
18the environment; provide stable, family-supporting jobs to local residents; ensure
19worker and consumer safety; operate secure facilities; and uphold the laws of the
20jurisdictions in which they operate. The department may deny a permit to an
21applicant with a low score as determined under this paragraph. The department
22may request that the applicant provide any information or documentation that the
23department deems necessary for purposes of making a determination under this
24paragraph.
SB70-AA3,153,7
1(d) 1. Before the department issues a new or renewed permit under this section,
2the department shall give notice of the permit application to the governing body of
3the municipality where the permit applicant intends to operate the premises of a
4marijuana producer or marijuana processor. No later than 30 days after the
5department submits the notice, the governing body of the municipality may file with
6the department a written objection to granting or renewing the permit. At the
7municipality's request, the department may extend the period for filing objections.
SB70-AA3,153,218 2. A written objection filed under subd. 1. shall provide all the facts on which
9the objection is based. In determining whether to grant or deny a permit for which
10an objection has been filed under this paragraph, the department shall give
11substantial weight to objections from a municipality based on chronic illegal activity
12associated with the premises for which the applicant seeks a permit or the premises
13of any other operation in this state for which the applicant holds or has held a valid
14permit or license, the conduct of the applicant's patrons inside or outside the
15premises of any other operation in this state for which the applicant holds or has held
16a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
17illegal activity" means a pervasive pattern of activity that threatens the public
18health, safety, and welfare of the municipality, including any crime or ordinance
19violation, and that is documented in crime statistics, police reports, emergency
20medical response data, calls for service, field data, or similar law enforcement agency
21records.
SB70-AA3,154,222 (e) After denying a permit, the department shall immediately notify the
23applicant in writing of the denial and the reasons for the denial. After making a
24decision to grant or deny a permit for which a municipality has filed an objection

1under par. (d), the department shall immediately notify the governing body of the
2municipality in writing of its decision and the reasons for the decision.
SB70-AA3,154,43 (f) 1. The department's denial of a permit under this section is subject to judicial
4review under ch. 227.
SB70-AA3,154,65 2. The department's decision to grant a permit under this section regardless of
6an objection filed under par. (d) is subject to judicial review under ch. 227.
SB70-AA3,154,87 (g) The department shall not issue a permit under this section to any person
8who does not hold a valid certificate under s. 73.03 (50).
SB70-AA3,154,14 9(3) Fees; term. (a) Each person who applies for a permit under this section
10shall submit with the application a $250 fee. A permit issued under this section is
11valid for one year and may be renewed, except that the department may revoke or
12suspend a permit prior to its expiration. A person is not entitled to a refund of the
13fees paid under this subsection if the person's permit is denied, revoked, or
14suspended.
SB70-AA3,154,1815 (b) A permittee shall annually pay to the department a fee for as long as the
16person holds a valid permit under this section. The annual fee for a marijuana
17processor permittee is $2,000. The annual fee for a marijuana producer permittee
18is one of the following, unless the department, by rule, establishes a higher amount:
SB70-AA3,154,2019 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
20marijuana plants, $1,800.
SB70-AA3,154,2221 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
22not more than 3,600 marijuana plants, $2,900.
SB70-AA3,154,2423 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
24not more than 6,000 marijuana plants, $3,600.
SB70-AA3,155,2
14. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
2not more than 10,200 marijuana plants, $5,100.
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