MARIJUANA LEGALIZATION AND REGULATION
General; marijuana legalization and regulation
Under the bill, a person who is at least 21 years old may legally possess marijuana. A person who is at least 18 may possess marijuana if the person has certain medical conditions. Under the bill, a person may produce, process, or sell marijuana if the person has a permit. The bill creates an excise tax for the privilege of producing, processing, distributing, or selling marijuana in this state, and all of the revenue collected from the tax is deposited into a segregated fund called the “community reinvestment fund.” Under the bill, a person who may possess medical marijuana is not subject to sales or excise taxes on the purchase or use of the marijuana. The bill does not affect federal law, which generally prohibits persons from manufacturing, delivering, or possessing marijuana and applies to both intrastate and interstate violations.
Legalizing the possession of marijuana
Current law prohibits a person from manufacturing, distributing, or delivering marijuana; possessing marijuana with the intent to manufacture, distribute, or deliver it; possessing or attempting to possess marijuana; using drug paraphernalia; or possessing drug paraphernalia with the intent to produce, distribute, or use a controlled substance. The bill changes state law to allow a resident of this state who is at least 21 to possess no more than two ounces of marijuana and to allow a nonresident of this state who is at least 21 to possess no more than one-quarter ounce of marijuana. The bill also allows a qualifying patient to possess marijuana for medical purposes. Under the bill, generally, a qualifying patient is an individual who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment and who is at least 18 years old. The bill also eliminates the prohibition on possessing or using drug paraphernalia that relates to marijuana consumption.
Under the bill, a person who possesses more marijuana than the maximum amount the person is allowed is subject to a penalty, which varies depending on the amount of overage. A person who exceeds the amount by not more than one ounce is subject to a civil forfeiture not to exceed $1,000. A person who exceeds the maximum amount by more than one ounce is guilty of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment not to exceed 90 days or both. The person is guilty of a Class I felony if the person also takes action to hide the amount of marijuana he or she has and has in place a security system to alert him or her to the presence of law enforcement or a method to intimidate, or a system that could injure or kill, a person approaching the area containing the marijuana.
Regulating the production, processing, and sale of marijuana
Under the bill, no person may sell, distribute, or transfer marijuana unless the person has a permit from DOR. A person who violates this prohibition is guilty of a Class I felony if the intended recipient is an adult and is guilty of a Class H felony if the intended recipient is a minor and the person is at least three years older than the minor.
The bill requires a person to obtain separate permits from DOR to produce, process, distribute, or sell marijuana, and requires marijuana producers and processors to obtain additional permits from DATCP. The requirements for obtaining these permits differ based on whether the permit is issued by DOR or DATCP but, in general, a person may not obtain such a permit if he or she is not a resident of this state, is under the age of 21, or has been convicted of certain crimes or committed certain offenses. In addition, a person may not operate under a DOR or DATCP permit within 500 feet of a school, playground, recreation facility, child care facility, public park, public transit facility, or library. A person who holds a permit from DOR must also comply with certain operational requirements.
Under the bill, a permit applicant with 20 or more employees may not receive a permit from DATCP or DOR unless the the applicant certifies that the applicant has entered into a labor peace agreement with a labor organization. The labor peace agreement prohibits the labor organization and its members from engaging in any economic interference with persons doing business in this state, prohibits the applicant from disrupting the efforts of the labor organization to communicate with and to organize and represent the applicant’s employees, and provides the labor organization access to areas in which the employees work to discuss employment rights and the terms and conditions of employment. Current law prohibits the state and any local unit of government from requiring a labor peace agreement as a condition for any regulatory approval. The permit requirements under the bill are not subject to that prohibition.
The bill also requires DATCP and DOR to use a competitive scoring system to determine which applicants are eligible to receive permits. Each department must issue permits to the highest scoring applicants that it determines will best protect the environment; provide stable, family-supporting jobs to local residents; ensure worker and consumer safety; operate secure facilities; and uphold the laws of the jurisdictions in which they operate. Each department may deny a permit to an applicant with a low score.
The bill prohibits a DOR permittee from selling, distributing, or transferring marijuana to a person who is under the age of 21 (a minor) and from allowing a minor to be on premises for which a permit is issued. If a permittee violates one of those prohibitions, the permittee may be subject to a civil forfeiture of not more than $500 and the permit may be suspended for up to 30 days.
Under the bill, a minor who does any of the following is subject to a forfeiture of not less than $250 nor more than $500: procures or attempts to procure marijuana from a permittee; falsely represents his or her age to receive marijuana from a permittee; knowingly possesses marijuana; or knowingly enters any premises for which a permit has been issued without being accompanied by his or her parent, guardian, or spouse who is at least 21 years of age or at least 18 years of age if a qualifying patient.
Under the bill, an individual may cultivate as many as six marijuana plants. Only a person who has a permit from DATCP may produce or process more marijuana plants. A person without a permit who possesses more than six but not more than 12 marijuana plants that have reached the flowering stage is subject to a civil forfeiture not to exceed twice the permitting fee ($250 under the bill). If the person possesses more than 12 plants that have reached the flowering stage, the person is guilty of a misdemeanor and subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days or both. The person is guilty of a Class I felony if the person also takes action to hide the number of plants he or she has and the person also has in place a security system to alert him or her to the presence of law enforcement or a method to intimidate, or a system that could injure or kill, a person approaching the area containing the plants.
The bill requires DOR to create and maintain a medical marijuana registry program whereby a person who is a qualifying patient may obtain a registry identification card and purchase marijuana from a retail establishment without having to pay the sales or excise taxes imposed on that sale. A qualifying patient is a person who is at least 18 and has been diagnosed by a physician as having a debilitating medical condition such as cancer, glaucoma, AIDS, or another specified condition or is undergoing a debilitating medical treatment.
Previous convictions relating to marijuana
The bill creates a process to review convictions for acts that have been decriminalized under the bill. If the person is currently serving a sentence or on probation for such a conviction, the person may petition a court to dismiss the conviction and expunge the record. If the person has completed a sentence or period of probation for such a conviction, the person may petition a court to expunge the record or, if applicable, redesignate it to a lower crime. Any conviction that is expunged under the bill is not considered a conviction for any purpose under state or federal law.
Registration for THC testing labs
The bill requires DATCP to register entities as tetrahydrocannabinols (THC)-testing laboratories. The laboratories must test marijuana for contaminants; research findings on the use of medical marijuana; and provide training on safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana, security and inventory accountability, and research on medical marijuana.
Discrimination based on marijuana use
Under the fair employment law, no employer or other person may engage in any act of employment discrimination against any individual on the basis of the individual’s use or nonuse of lawful products off the employer’s premises during nonworking hours, subject to certain exceptions, one of which is if the use impairs the individual’s ability to undertake adequately the job-related responsibilities of that individual’s employment. The bill specifically defines marijuana as a lawful product for purposes of the fair employment law, such that no person may engage in any act of employment discrimination against an individual because of the individual’s use of marijuana off the employer’s premises during nonworking hours, subject to those exceptions.
Under current law, an individual may be disqualified from receiving unemployment insurance (UI) benefits if he or she is terminated because of misconduct or substantial fault. The bill specifically provides that an employee’s use of marijuana off the employer’s premises during nonworking hours does not constitute misconduct or substantial fault unless termination for that use is permitted under one of the exceptions under the fair employment law.
Unless federal law requires otherwise, the bill prohibits a hospital, physician, organ procurement organization, or other person from determining the ultimate recipient of an anatomical gift on the sole basis of a positive test for the use of marijuana by a potential recipient.
Drug screening and testing
The bill exempts THC, including marijuana, from drug testing for certain public assistance programs. Currently, a participant in a community service job or transitional placement under the Wisconsin Works program (W2) or a recipient of the FoodShare program, also known as the food stamp program, who is convicted of possession, use, or distribution of a controlled substance must submit to a test for controlled substances as a condition of continued eligibility. DHS is currently required to request a waiver of federal Medicaid law to require drug screening and testing as a condition of eligibility for the childless adult demonstration project in the Medical Assistance program. Current law also requires DHS to promulgate administrative rules to develop and implement a drug screening, testing, and treatment policy for able-bodied adults without dependents in the FoodShare employment and training program. The bill exempts THC from all of those drug-testing requirements and programs. In addition, because THC is not a controlled substance under state law under the bill, the requirement under current law that DCF promulgate administrative rules to create a controlled substance abuse screening and testing requirement for applicants for the work experience program for noncustodial parents under W2 and the Transform Milwaukee Jobs and Transitional Jobs programs does not include THC.
Under current law, DWD must establish a program to test claimants who apply for UI benefits for the presence of controlled substances, as defined under federal law. If a claimant tests positive for a controlled substance, the claimant may be denied UI benefits, subject to certain exceptions and limitations. The bill excludes THC for purposes of this testing requirement. As such, under the bill, an individual who tests positive for THC may not be denied UI benefits.
Grants to counties to support behavioral health services
The bill directs DHS to promulgate administrative rules to establish grants to counties to support mental health and substance use disorder services, to be paid from the revenue generated from the excise tax on marijuana that is deposited into the community reinvestment fund.
MILITARY AFFAIRS
Changes to the Wisconsin Code of Military Justice
The bill makes a number of changes to the Wisconsin Code of Military Justice (WCMJ), including 1) the codification of offenses that have been included as offenses in the federal Uniform Code of Military Justice (UCMJ) related to retaliation, sexual harassment, and engagement in prohibited sexual activity with a recruit or trainee; 2) articulation of the limits of punishment under the WCMJ; 3) clarifications as to which courts-martial have primary jurisdiction over certain offenses; 4) removal of certain gender-specific language from the WCMJ; 5) requiring that the adjutant general prescribe rules of procedure for courts-martial arising under the WCMJ; and 6) requiring that the adjutant general prescribe and implement a policy that ensures that a victim of an offense under the WCMJ is treated with dignity, respect, courtesy, sensitivity, and fairness.
Wisconsin National Guard duties related to sexual assault and sexual harassment
The bill requires the adjutant general to submit to the governor and appropriate standing committees of the legislature an annual report containing information related to sexual assaults and sexual harassment reported by members of the Wisconsin National Guard and a summary of National Guard training and policies related to preventing and responding to incidents of sexual assault and sexual harassment.
Wisconsin National Guard misconduct case management system
The bill also requires DMA to establish and maintain a case management system that allows the National Guard to track and manage casework related to misconduct within the National Guard. Additionally, the bill requires DMA to submit to the governor and appropriate standing committees of the legislature an annual report describing any substantive changes to the UCMJ during the prior federal fiscal year, a comparison of those changes to the WCMJ, and recommendations regarding whether those changes should be incorporated into the WCMJ.
Creating an office of homeland security
The bill creates an office of homeland security in DMA that must work with the federal Department of Homeland Security and state and local law enforcement agencies to identify, investigate, assess, report, and share tips and leads linked to emerging homeland security threats. The director of the office of homeland security must be appointed by the adjutant general.
Aerial assistance
The bill provides that DMA may provide aerial assistance for incident awareness and assessment, drug interdiction and counter-drug activities, search and rescue efforts, or disasters and seek reimbursement for such services if provided.
Appropriation for reimbursements for drug house demolition
The bill creates a continuing program revenue appropriation for DMA to receive reimbursements from municipalities for the demolition of certain former drug dwellings.
Recovery of Next Generation 911 costs
Under current law, DMA must contract for the creation, operation, and maintenance of an emergency services IP network to implement what is known as “Next Generation 911,” a modern emergency communication network. The bill requires that the contracts include a provision that the contracted entity reimburse originating service providers, which are the entities that provide services used to connect to the emergency number system, for all their costs incurred in connecting to the Next Generation 911 system.
Statewide public safety interoperable communication system
The bill creates a continuing GPR appropriation to fund the development and operation of a statewide public safety interoperable communication system.
Payment to town of Silver Cliff to rebuild its public safety building
Under current law, DMA may make payments from a state disaster assistance appropriation account to local governmental units for the damages and costs incurred as the result of a disaster if the disaster meets one of the two following requirements: 1) the disaster is not eligible for other funding related to a presidentially declared “major disaster,” or 2) DMA determines the disaster meets a certain per capita impact indicator. Additionally, the entity receiving the grant is required to pay for 30 percent of the amount of damages and costs resulting from the disaster. The bill requires DMA to provide a $1,000,000 payment in fiscal year 2023-24 from the same appropriation to the town of Silver Cliff for the rebuilding of the town’s public safety building that was destroyed by a tornado and exempts the Silver Cliff disaster from the program’s eligibility requirement and 30 percent payment requirement.
NATURAL RESOURCES
Fish, game, and wildlife
Nonresident deer hunting license fee
Under current law, DNR issues approvals that authorize hunting, fishing, and trapping of wild animals. The bill increases the fee for a deer hunting license issued to a person who is not a resident of this state from $157.25 to $182.25.
Inland waters trout stamp fee
Under current law, DNR issues approvals that authorize hunting, fishing, and trapping of wild animals. The holder of a fishing license or sports license may not fish for trout in inland trout waters unless the person also holds a trout stamp. The bill increases the fee for an inland waters trout stamp from $9.75 to $14.75.
Use of ID card to establish residency for DNR approvals
Under current law, DNR issues approvals that authorize the holder of the approval to engage in certain activities, such as hunting wild animals. In general, residents of the state are issued a different approval, for a lower fee, than nonresidents of the state. Current law provides that a resident is anyone who has maintained a permanent abode in the state for at least 30 days prior to applying for an approval, which must be established by demonstrating domiciliary intent. Under current law, evidence of domiciliary intent includes voting, paying personal income taxes, or obtaining a driver’s license at a location in the state. The bill provides that domiciliary intent may also be satisfied by obtaining an identification card issued by DOT. Under current law, an identification card issued by DOT is required to contain the same information that is required for an operator’s license, including the license holder’s name, address, and photograph, but must be clearly labeled as providing only identification of the card’s holder.
Deer carcass disposal sites
The bill requires DNR to provide financial assistance to local governments, individuals, businesses, and conservation organizations to purchase large metal containers for the disposal of deer carcasses.
Endangered resources funding match
Under current law, DNR administers the endangered resources program, which includes improving habitats for endangered or threatened species, conducting the natural heritage inventory, conducting wildlife research and surveys, providing wildlife management services, and providing for wildlife damage control. Current law appropriates to DNR all moneys received from gifts, grants, and bequests for the program. Current law also allows an individual filing an income tax return to designate an additional payment for the program.
Current law appropriates from the general fund to DNR an amount equal to the amount of gifts, grants, and bequests received and any additional payments made for the program, not to exceed $500,000 in a fiscal year. The bill increases the limit to $950,000.
Aquatic plant management
Under current law, without a valid aquatic plant management permit issued by DNR, no person may introduce nonnative aquatic plants into waters of this state, manually remove aquatic plants from navigable waters, or control aquatic plants in waters of this state by the use of chemicals or by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means. Under current law, DNR establishes fees for aquatic plant management permits, and those fees are deposited into a general fund appropriation used for facilities, materials, or services provided by DNR relating to its environmental quality functions and to the management of the state’s water resources. Under the bill, those fees are deposited into a general fund appropriation used solely for the aquatic plant management permit program.
Navigable waters
Great Lakes and Mississippi River erosion control revolving loan programs
The bill requires DNR to administer revolving loan programs to assist municipalities and owners of homes located on the shore of Lake Michigan, Lake Superior, or the Mississippi River where the structural integrity of municipal buildings or homes is threatened by erosion of the shoreline. Under the bill, moneys for the programs are provided from the environmental fund, the segregated fund used to finance environmental management programs administered by DNR and pollution abatement programs administered by DNR and DATCP. The bill requires DNR to promulgate administrative rules to administer the programs, including eligibility requirements and income limitations, and authorizes DNR to promulgate emergency rules for the period before permanent rules take effect.
Dam permit and approval fees
The bill changes the fees charged for permits and approvals for large dams. Under current law, a large dam is a dam that either has a structural height of 25 feet or more and impounds more than 15 acre-feet of water or has a structural height of more than six feet and impounds 50 acre-feet or more of water. Under the bill, the fees for large dams are based on the dam’s hazard classification: $1,000 for a large, high hazard dam; $500 for a large, significant hazard dam; and $200 for a large, low hazard dam. Current law requires DNR to classify the hazard level of each dam in the state for purposes of inspection regulations.
Bonding for dam safety projects
Under current law, the state may contract up to $39,500,000 in public debt to provide financial assistance to counties, cities, villages, towns, and public inland lake protection and rehabilitation districts for dam safety projects. The bill increases the bonding authority for these projects by $10,000,000.
Sheboygan Marsh dam funding
The bill requires DNR to award a $500,000 dam safety grant to Sheboygan County to remove and reconstruct a dam on the Sheboygan River at the Sheboygan Marsh.
Recreation
Free admission to state parks for fourth graders
Under current law, no person may operate a vehicle in any state park or in certain other recreational areas on state land unless the vehicle displays a vehicle admission receipt. The bill requires DNR to waive the fee for an annual vehicle admission receipt issued to the parent or guardian of a pupil receiving a fourth grade level of instruction. A parent or guardian of a qualifying pupil may apply to DNR for the waiver by submitting required certifications. A parent or guardian may receive the waiver only once in his or her lifetime and DNR may issue a waiver only once for a household.
Online sales system for vehicle admission receipts and state trail passes
The bill creates a continuing appropriation from the conservation fund to DNR for costs associated with online sales systems for vehicle admission receipts for state parks, forests, and recreation areas and state trail passes.
Under current law, no person may operate a vehicle in any state park or in certain other recreational areas on state land unless the vehicle displays a current vehicle admission receipt. Vehicle admission receipts may currently be purchased in-person, via phone, at self-registration kiosks, and online. Current law also requires a state trail pass for certain activities on state trails. State trail passes may currently be purchased in-person, via phone, and at self-registration kiosks, but not online.
Campsite electrification
Under current law, DNR is authorized to establish and operate state campgrounds in state parks, state forests, and other lands under DNR supervision and management. For campsites located in a state park, DNR may provide and maintain electric receptacles, subject to certain limitations. One limitation provides that DNR may provide electric receptacles in no more than 35 percent of all state park campsites. The bill increases the limit to 40 percent.
General natural resources
Stewardship program; amounts transferred to the capital improvement fund
Current law authorizes the state to incur public debt for certain conservation activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 program, which is administered by DNR. The state may incur this debt to acquire land for the state for conservation purposes and for property development activities and may award grants to local governments and nonprofit organizations to acquire land for these purposes. Current law establishes the amounts that DNR may obligate in each fiscal year through fiscal year 2025-26 for expenditure under each of five subprograms of the stewardship program. Moneys obligated under the stewardship program are appropriated from the capital improvement fund (CIF) and stewardship bond proceeds are deposited into CIF.
Current law provides that, in obligating moneys under the subprogram for land acquisition, DNR must set aside certain amounts to be obligated only for DNR to acquire land and to provide grants to counties for land acquisition (county forest grants). Specifically, the set-aside for DNR land acquisition each fiscal year is $1,000,000 plus the amount transferred to CIF under an appropriation that transfers from moneys received for forestry activities (the forestry account) to CIF $0 in 2021-22 and $5,000,000 in 2022-23. The set-aside for county forest grants is equal to the amount transferred to CIF under an appropriation that transfers from the forestry account to CIF $0 in 2021-22 and $3,000,000 in 2022-23.
The bill maintains in the 2023-25 biennium the amounts in the schedule that may be transferred to CIF under each appropriation, but provides that the total amount transferred may not exceed the total amounts in the schedule for both appropriations less the unobligated balance in CIF at the end of that fiscal year. The bill also provides that the amount transferred to CIF under each appropriation must be reduced by the unobligated balance in CIF on a pro rata basis.
Stewardship program; JCF approval
Under current law, generally, for any project or activity for which more than $250,000 of stewardship moneys are proposed to be obligated, DNR must obtain written approval for the project or activity from JCF. The bill increases this threshold to $500,000. The bill also eliminates the requirement that DNR obtain written approval for obligating stewardship moneys for any land acquisition located north of STH 64.
The bill also eliminates a requirement under current law that DNR provide a written directory of all stewardship land that is open for public access.
Wild rice stewardship
