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SB70-SSA2-SA2,9108 11Section 9108. Nonstatutory provisions; Corrections.
SB70-SSA2-SA2,46,1612 (1) Earned release program rules. The department of corrections shall update
13its administrative rules to implement earned release for completion of a vocational
14readiness training program under s. 302.05 (3), including specification of the
15eligibility criteria for persons sentenced before the effective date of this subsection
16to participate in the program.
SB70-SSA2-SA2,47,317 (2) Earned compliance credit. A person who is serving a sentence for a
18violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05,
19948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in
20custody upon revocation of extended supervision or parole on the effective date of this
21subsection may petition the department of corrections to be given credit under s.
22973.156. Upon proper verification of the facts alleged in the petition, credit under
23s. 973.156 shall be applied retroactively to the person. If the department of
24corrections is unable to determine whether credit under s. 973.156 should be given,
25or otherwise refuses to award retroactive credit, the person may petition the

1sentencing court for relief. This subsection applies regardless of the date the person
2was sentenced. A person who is required to register under s. 301.45 is not eligible
3to receive credit under this subsection.”.
SB70-SSA2-SA2,47,4 4206. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,47,5 5 Section 28. 961.443 (2) (title) of the statutes is amended to read:
SB70-SSA2-SA2,47,76 961.443 (2) (title) Immunity from criminal prosecution and revocation of
7parole, probation, or extended supervision
.
SB70-SSA2-SA2,29 8Section 29. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
9amended to read:
SB70-SSA2-SA2,47,1710 961.443 (2) (a) An No aider may have his or her parole, probation, or extended
11supervision revoked, and an
aider is immune from prosecution under s. 961.573 for
12the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
13controlled substance or a controlled substance analog, and under s. 961.69 (2) for
14possession of a masking agent under the circumstances surrounding or leading to his
15or her commission of an act described in sub. (1) if the aider's attempt to obtain
16assistance occurs immediately after the aider believes the other person is suffering
17from the overdose or other adverse reaction
.
SB70-SSA2-SA2,30 18Section 30. 961.443 (2) (b) of the statutes is created to read:
SB70-SSA2-SA2,47,2419 961.443 (2) (b) 1. No aided person person may have his or her parole, probation,
20or extended supervision revoked under the circumstances surrounding or leading to
21an aider's commission of an act described in sub. (1) if the aided person completes a
22treatment program as a condition of his or her parole, probation, or extended
23supervision or, if a treatment program is unavailable or would be prohibitive
24financially, agrees to be imprisoned in the county jail for not less than 15 days.
SB70-SSA2-SA2,48,9
12. If an aided person is subject to prosecution under s. 961.573 for the
2possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
3controlled substance or a controlled substance analog, or under s. 961.69 (2) for
4possession of a masking agent under the circumstances surrounding or leading to an
5aider's commission of an act described in sub. (1), the district attorney shall offer the
6aided person a deferred prosecution agreement that includes the completion of a
7treatment program. This subdivision does not apply to an aided person who is on
8parole, probation, or extended supervision and fails to meet a condition under subd.
91.”.
SB70-SSA2-SA2,48,10 10207. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,48,11 11 Section 31. 20.115 (7) (gc) of the statutes is amended to read:
SB70-SSA2-SA2,48,1412 20.115 (7) (gc) Industrial hemp and marijuana. All moneys received under s.
1394.55 for regulation of activities relating to industrial hemp under s. 94.55 and to
14marijuana under s. 94.56
.
SB70-SSA2-SA2,32 15Section 32. 20.115 (7) (ge) of the statutes is created to read:
SB70-SSA2-SA2,48,1916 20.115 (7) (ge) Marijuana producers and processors; official logotype. All
17moneys received under s. 94.56 for regulation of activities relating to marijuana
18under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
19the creation of a logotype under s. 100.145.
SB70-SSA2-SA2,33 20Section 33. 20.435 (5) (q) of the statutes is created to read:
SB70-SSA2-SA2,48,2221 20.435 (5) (q) Payments to counties. From the community reinvestment fund,
22all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.
SB70-SSA2-SA2,34 23Section 34. 20.566 (1) (bn) of the statutes is created to read:
SB70-SSA2-SA2,49,5
120.566 (1) (bn) Administration and enforcement of marijuana tax and
2regulation.
The amounts in the schedule for the purposes of administering the
3marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
4enforcing the taxing and regulation of marijuana producers, marijuana processors,
5and marijuana retailers under subch. IV of ch. 139.
SB70-SSA2-SA2,35 6Section 35. 20.835 (2) (eq) of the statutes is created to read:
SB70-SSA2-SA2,49,87 20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under
8subch. IV of ch. 139.
SB70-SSA2-SA2,36 9Section 36. 25.316 of the statutes is created to read:
SB70-SSA2-SA2,49,12 1025.316 Community reinvestment fund. There is established a separate
11nonlapsible trust fund, designated the community reinvestment fund consisting of
12all moneys received under subch. IV of ch. 139, including interest and penalties.
SB70-SSA2-SA2,37 13Section 37. 49.148 (4) (a) of the statutes is amended to read:
SB70-SSA2-SA2,50,314 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
15a community service job or transitional placement who, after August 22, 1996, was
16convicted in any state or federal court of a felony that had as an element possession,
17use or distribution of a controlled substance to submit to a test for use of a controlled
18substance as a condition of continued eligibility. If the test results are positive, the
19Wisconsin works Works agency shall decrease the presanction benefit amount for
20that participant by not more than 15 percent for not fewer than 12 months, or for the
21remainder of the participant's period of participation in a community service job or
22transitional placement, if less than 12 months. If, at the end of 12 months, the
23individual is still a participant in a community service job or transitional placement
24and submits to another test for use of a controlled substance and if the results of the
25test are negative, the Wisconsin works Works agency shall discontinue the reduction

1under this paragraph. In this subsection, “controlled substance” does not include
2tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
3marijuana, obtained from marijuana, or chemically synthesized.
SB70-SSA2-SA2,38 4Section 38. 49.79 (1) (b) of the statutes is amended to read:
SB70-SSA2-SA2,50,85 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
6except that “controlled substance” does not include tetrahydrocannabinols in any
7form, including tetrahydrocannabinols contained in marijuana, obtained from
8marijuana, or chemically synthesized
.
SB70-SSA2-SA2,39 9Section 39. 59.54 (25) (title) of the statutes is amended to read:
SB70-SSA2-SA2,50,1010 59.54 (25) (title) Possession Regulation of marijuana.
SB70-SSA2-SA2,40 11Section 40. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,50,2012 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
13the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
14s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
15is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
16an allegation of possession of more than 25 grams of marijuana, or possession of any
17amount of marijuana following a conviction in this state for possession of marijuana

18alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
19not be prosecuted under this subsection for the same action that is the subject of the
20complaint unless all of the following occur:
SB70-SSA2-SA2,41 21Section 41. 66.0107 (1) (bm) of the statutes is amended to read:
SB70-SSA2-SA2,51,622 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
23marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
24(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
25with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation

1of possession of more than 25 grams of marijuana, or possession of any amount of
2marijuana following a conviction in this state for possession of marijuana
alleging
3a violation of s. 961.72 (2) (b) 2. or (c) 3.
, the subject of the complaint may not be
4prosecuted under this paragraph for the same action that is the subject of the
5complaint unless the charges are dismissed or the district attorney declines to
6prosecute the case.
SB70-SSA2-SA2,42 7Section 42. 66.04185 of the statutes is created to read:
SB70-SSA2-SA2,51,11 866.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
9county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
10by an individual who has no more than 6 marijuana plants at one time for his or her
11personal use.
SB70-SSA2-SA2,43 12Section 43. 73.17 of the statutes is created to read:
SB70-SSA2-SA2,51,14 1373.17 Medical marijuana registry program. (1) Definitions. In this
14section:
SB70-SSA2-SA2,51,1515 (a) “Debilitating medical condition or treatment” means any of the following:
SB70-SSA2-SA2,51,2116 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
17the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
18inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
19hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
20patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
21treatment of these conditions.
SB70-SSA2-SA2,51,2522 2. A chronic or debilitating disease or medical condition or the treatment of
23such a disease or condition that causes cachexia, severe pain, severe nausea,
24seizures, including those characteristic of epilepsy, or severe and persistent muscle
25spasms, including those characteristic of multiple sclerosis.
SB70-SSA2-SA2,52,1
1(b) “Department” means the department of revenue.
SB70-SSA2-SA2,52,22 (c) “Physician” means a person licensed under s. 448.04 (1) (a).
SB70-SSA2-SA2,52,53 (d) “Qualifying patient” means a person who has been diagnosed by a physician
4as having or undergoing a debilitating medical condition or treatment but does not
5include a person under the age of 18 years.
SB70-SSA2-SA2,52,76 (e) “Tax exemption certificate” means a certificate to claim the exemption under
7s. 77.54 (71).
SB70-SSA2-SA2,52,88 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-SSA2-SA2,52,109 (g) “Written certification” means means a statement made by a person's
10physician if all of the following apply:
SB70-SSA2-SA2,52,1411 1. The statement indicates that, in the physician's professional opinion, the
12person has or is undergoing a debilitating medical condition or treatment and the
13potential benefits of the person's use of usable marijuana would likely outweigh the
14health risks for the person.
SB70-SSA2-SA2,52,1815 2. The statement indicates that the opinion described in subd. 1. was formed
16after a full assessment of the person's medical history and current medical condition
17that was conducted no more than 6 months prior to making the statement and that
18was made in the course of a bona fide physician-patient relationship.
SB70-SSA2-SA2,52,2019 3. The statement is signed by the physician or is contained in the person's
20medical records.
SB70-SSA2-SA2,52,2221 4. The statement contains an expiration date that is no more than 48 months
22after issuance and the statement has not expired.
SB70-SSA2-SA2,52,25 23(2) Application. An adult who is claiming to be a qualifying patient may apply
24for a registry identification card by submitting to the department a signed
25application form containing or accompanied by all of the following:
SB70-SSA2-SA2,53,1
1(a) His or her name, address, and date of birth.
SB70-SSA2-SA2,53,22 (b) A written certification.
SB70-SSA2-SA2,53,43 (c) The name, address, and telephone number of the person's current physician,
4as listed in the written certification.
SB70-SSA2-SA2,53,9 5(3) Processing the application. The department shall verify the information
6contained in or accompanying an application submitted under sub. (2) and shall
7approve or deny the application within 30 days after receiving it. The department
8may deny an application submitted under sub. (2) only if the required information
9has not been provided or if false information has been provided.
SB70-SSA2-SA2,53,17 10(4) Issuing a registry identification card and tax exemption certificate. The
11department shall issue to the applicant a registry identification card and tax
12exemption certificate within 5 days after approving an application under sub. (3).
13Unless voided under sub. (5) (b) or revoked under rules issued by the department
14under sub. (7), a registry identification card and tax exemption certificate shall
15expire 4 years from the date of issuance. A tax exemption certificate shall contain
16the information determined by the department. A registry identification card shall
17contain all of the following:
SB70-SSA2-SA2,53,1818 (a) The name, address, and date of birth of the registrant.
SB70-SSA2-SA2,53,1919 (b) The date of issuance and expiration date of the registry identification card.
SB70-SSA2-SA2,53,2020 (c) A photograph of the registrant.
SB70-SSA2-SA2,53,2121 (d) Other information the department may require by rule.
SB70-SSA2-SA2,54,2 22(5) Additional information to be provided by registrant. (a) A registrant
23shall notify the department of any change in the registrant's name and address. A
24registrant who is a qualifying patient shall notify the department of any change in

1his or her physician or of any significant improvement in his or her health as it
2relates to his or her debilitating medical condition or treatment.
SB70-SSA2-SA2,54,53 (b) If a registrant fails to notify the department within 10 days after any change
4for which notification is required under par. (a), his or her registry identification card
5and tax exemption certificate is void.
SB70-SSA2-SA2,54,6 6(6) Records. (a) The department shall maintain a list of all registrants.
SB70-SSA2-SA2,54,97 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
8may not disclose information from an application submitted or a registry
9identification card issued under this section.
SB70-SSA2-SA2,54,1310 (c) The department may disclose to state or local law enforcement agencies
11information from an application submitted by, or from a registry identification card
12issued to, a specific person under this section for the purpose of verifying that the
13person possesses a valid registry identification card.
SB70-SSA2-SA2,54,14 14(7) Rules. The department shall promulgate rules to implement this section.
SB70-SSA2-SA2,44 15Section 44. 77.54 (71) of the statutes is created to read:
SB70-SSA2-SA2,54,1816 77.54 (71) The sales price from the sale of and the storage, use, or other
17consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
18individual who holds a valid certificate issued under s. 73.17 (4).
SB70-SSA2-SA2,45 19Section 45. 94.55 (2t) of the statutes is repealed.
SB70-SSA2-SA2,46 20Section 46. 94.56 of the statutes is created to read:
SB70-SSA2-SA2,54,22 2194.56 Marijuana producers and processors. (1) Definitions. In this
22section:
SB70-SSA2-SA2,54,2523 (a) “Labor peace agreement” means an agreement between a person applying
24for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
25that does all of the following:
SB70-SSA2-SA2,55,3
11. Prohibits labor organizations and its members from engaging in picketing,
2work stoppages, boycotts, and any other economic interference with persons doing
3business in this state.
SB70-SSA2-SA2,55,54 2. Prohibits the applicant from disrupting the efforts of the labor organization
5to communicate with and to organize and represent the applicant's employees.
SB70-SSA2-SA2,55,96 3. Provides the labor organization access at reasonable times to areas in which
7the applicant's employees work for the purpose of meeting with employees to discuss
8their right to representation, employment rights under state law, and terms and
9conditions of employment.
SB70-SSA2-SA2,55,1010 (b) “Marijuana" has the meaning given in s. 961.70 (2).
SB70-SSA2-SA2,55,1111 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
SB70-SSA2-SA2,55,1212 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
SB70-SSA2-SA2,55,1313 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
SB70-SSA2-SA2,55,1514 (f) “Permittee” means a marijuana producer or marijuana processor who is
15issued a permit under this section.
SB70-SSA2-SA2,55,24 16(2) Permit required. (a) No person may operate in this state as a marijuana
17producer or marijuana processor without a permit from the department. A person
18who acts as a marijuana producer and a marijuana processor shall obtain a separate
19permit for each activity. A permit issued under this section is not transferable from
20one person to another or from one premises to another. A separate permit is required
21for each place in this state where the operations of a marijuana producer or
22marijuana processor occur. A person is not required to obtain a permit under this
23section if the person produces or processes only industrial hemp and holds a valid
24license under s. 94.55.
SB70-SSA2-SA2,56,3
1(b) This subsection applies to all officers, directors, agents, and stockholders
2holding 5 percent or more of the stock of any corporation applying for a permit under
3this section.
SB70-SSA2-SA2,56,54 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
5not be granted to any person to whom any of the following applies:
SB70-SSA2-SA2,56,76 1. The person has been convicted of a violent misdemeanor, as defined in s.
7941.29 (1g) (b), at least 3 times.
SB70-SSA2-SA2,56,98 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
9(a), unless pardoned.
SB70-SSA2-SA2,56,1110 3. During the preceding 3 years, the person has been committed under s. 51.20
11for being drug dependent.
SB70-SSA2-SA2,56,1612 4. The person chronically and habitually uses alcohol beverages or other
13substances to the extent that his or her normal faculties are impaired. A person is
14presumed to chronically and habitually use alcohol beverages or other substances to
15the extent that his or her normal faculties are impaired if, within the preceding 3
16years, any of the following applies:
SB70-SSA2-SA2,56,1817 a. The person has been committed for involuntary treatment under s. 51.45
18(13).
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