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2023 - 2024 LEGISLATURE
SENATE AMENDMENT 10,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 70
June 28, 2023 - Offered by Senators
Agard, Carpenter, Hesselbein, L. Johnson,
Larson, Pfaff, Roys, Smith, Spreitzer, Taylor and Wirch.
SB70-SSA2-SA10,1,4
3“
Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
4insert the following amounts for the purposes indicated:
-
See PDF for table SB70-SSA2-SA10,2
1Section
2. 20.115 (7) (gc) of the statutes is amended to read:
SB70-SSA2-SA10,2,42
20.115
(7) (gc)
Industrial hemp
and marijuana. All moneys received under s.
394.55 for regulation of activities relating to industrial hemp under s. 94.55
and to
4marijuana under s. 94.56.
SB70-SSA2-SA10,3
5Section
3. 20.115 (7) (ge) of the statutes is created to read:
SB70-SSA2-SA10,2,96
20.115
(7) (ge)
Marijuana producers and processors; official logotype. All
7moneys received under s. 94.56 for regulation of activities relating to marijuana
8under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
9the creation of a logotype under s. 100.145.
SB70-SSA2-SA10,4
10Section
4. 20.435 (5) (q) of the statutes is created to read:
SB70-SSA2-SA10,2,1211
20.435
(5) (q)
Payments to counties. From the community reinvestment fund,
12all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.
SB70-SSA2-SA10,5
1Section
5. 20.566 (1) (bn) of the statutes is created to read:
SB70-SSA2-SA10,3,62
20.566
(1) (bn)
Administration and enforcement of marijuana tax and
3regulation. The amounts in the schedule for the purposes of administering the
4marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
5enforcing the taxing and regulation of marijuana producers, marijuana processors,
6and marijuana retailers under subch. IV of ch. 139.
SB70-SSA2-SA10,6
7Section
6. 20.835 (2) (eq) of the statutes is created to read:
SB70-SSA2-SA10,3,98
20.835
(2) (eq)
Marijuana tax refunds. A sum sufficient to pay refunds under
9subch. IV of ch. 139.
SB70-SSA2-SA10,3,13
1125.316 Community reinvestment fund. There is established a separate
12nonlapsible trust fund, designated the community reinvestment fund consisting of
13all moneys received under subch. IV of ch. 139, including interest and penalties.
SB70-SSA2-SA10,8
14Section
8. 49.148 (4) (a) of the statutes is amended to read:
SB70-SSA2-SA10,4,415
49.148
(4) (a) A Wisconsin
works
Works agency shall require a participant in
16a community service job or transitional placement who, after August 22, 1996, was
17convicted in any state or federal court of a felony that had as an element possession,
18use or distribution of a controlled substance to submit to a test for use of a controlled
19substance as a condition of continued eligibility. If the test results are positive, the
20Wisconsin
works Works agency shall decrease the presanction benefit amount for
21that participant by not more than 15 percent for not fewer than 12 months, or for the
22remainder of the participant's period of participation in a community service job or
23transitional placement, if less than 12 months. If, at the end of 12 months, the
24individual is still a participant in a community service job or transitional placement
25and submits to another test for use of a controlled substance and if the results of the
1test are negative, the Wisconsin
works
Works agency shall discontinue the reduction
2under this paragraph.
In this subsection, “controlled substance” does not include
3tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
4marijuana, obtained from marijuana, or chemically synthesized.
SB70-SSA2-SA10,4,96
49.79
(1) (b) “Controlled substance" has the meaning given in
21 USC 802 (6)
,
7except that “controlled substance” does not include tetrahydrocannabinols in any
8form, including tetrahydrocannabinols contained in marijuana, obtained from
9marijuana, or chemically synthesized.
SB70-SSA2-SA10,10
10Section
10. 59.54 (25) (title) of the statutes is amended to read:
SB70-SSA2-SA10,4,1111
59.54
(25) (title)
Possession Regulation of marijuana.
SB70-SSA2-SA10,11
12Section
11. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA10,4,2113
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
14the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
15s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
16is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
17an allegation of possession of more than 25 grams of marijuana, or possession of any
18amount of marijuana following a conviction in this state for possession of marijuana 19alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
20not be prosecuted under this subsection for the same action that is the subject of the
21complaint unless all of the following occur:
SB70-SSA2-SA10,5,723
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
24marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
25(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
1with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
2of possession of more than 25 grams of marijuana, or possession of any amount of
3marijuana following a conviction in this state for possession of marijuana alleging
4a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be
5prosecuted under this paragraph for the same action that is the subject of the
6complaint unless the charges are dismissed or the district attorney declines to
7prosecute the case.
SB70-SSA2-SA10,5,12
966.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
10county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
11by an individual who has no more than 6 marijuana plants at one time for his or her
12personal use.
SB70-SSA2-SA10,5,15
1473.17 Medical marijuana registry program. (1) Definitions. In this
15section:
SB70-SSA2-SA10,5,1616
(a) “Debilitating medical condition or treatment” means any of the following:
SB70-SSA2-SA10,5,2217
1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
18the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
19inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
20hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
21patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
22treatment of these conditions.
SB70-SSA2-SA10,6,223
2. A chronic or debilitating disease or medical condition or the treatment of
24such a disease or condition that causes cachexia, severe pain, severe nausea,
1seizures, including those characteristic of epilepsy, or severe and persistent muscle
2spasms, including those characteristic of multiple sclerosis.
SB70-SSA2-SA10,6,33
(b) “Department” means the department of revenue.
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(c) “Physician” means a person licensed under s. 448.04 (1) (a).
SB70-SSA2-SA10,6,75
(d) “Qualifying patient” means a person who has been diagnosed by a physician
6as having or undergoing a debilitating medical condition or treatment but does not
7include a person under the age of 18 years.
SB70-SSA2-SA10,6,98
(e) “Tax exemption certificate” means a certificate to claim the exemption under
9s. 77.54 (71).
SB70-SSA2-SA10,6,1010
(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-SSA2-SA10,6,1211
(g) “Written certification” means means a statement made by a person's
12physician if all of the following apply:
SB70-SSA2-SA10,6,1613
1. The statement indicates that, in the physician's professional opinion, the
14person has or is undergoing a debilitating medical condition or treatment and the
15potential benefits of the person's use of usable marijuana would likely outweigh the
16health risks for the person.
SB70-SSA2-SA10,6,2017
2. The statement indicates that the opinion described in subd. 1. was formed
18after a full assessment of the person's medical history and current medical condition
19that was conducted no more than 6 months prior to making the statement and that
20was made in the course of a bona fide physician-patient relationship.
SB70-SSA2-SA10,6,2221
3. The statement is signed by the physician or is contained in the person's
22medical records.
SB70-SSA2-SA10,6,2423
4. The statement contains an expiration date that is no more than 48 months
24after issuance and the statement has not expired.
SB70-SSA2-SA10,7,3
1(2) Application. An adult who is claiming to be a qualifying patient may apply
2for a registry identification card by submitting to the department a signed
3application form containing or accompanied by all of the following:
SB70-SSA2-SA10,7,44
(a) His or her name, address, and date of birth.
SB70-SSA2-SA10,7,55
(b) A written certification.
SB70-SSA2-SA10,7,76
(c) The name, address, and telephone number of the person's current physician,
7as listed in the written certification.
SB70-SSA2-SA10,7,12
8(3) Processing the application. The department shall verify the information
9contained in or accompanying an application submitted under sub. (2) and shall
10approve or deny the application within 30 days after receiving it. The department
11may deny an application submitted under sub. (2) only if the required information
12has not been provided or if false information has been provided.
SB70-SSA2-SA10,7,20
13(4) Issuing a registry identification card and tax exemption certificate. The
14department shall issue to the applicant a registry identification card and tax
15exemption certificate within 5 days after approving an application under sub. (3).
16Unless voided under sub. (5) (b) or revoked under rules issued by the department
17under sub. (7), a registry identification card and tax exemption certificate shall
18expire 4 years from the date of issuance. A tax exemption certificate shall contain
19the information determined by the department. A registry identification card shall
20contain all of the following:
SB70-SSA2-SA10,7,2121
(a) The name, address, and date of birth of the registrant.
SB70-SSA2-SA10,7,2222
(b) The date of issuance and expiration date of the registry identification card.