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
The bill appropriates to DNR from the general fund moneys for wild rice
stewardship efforts within the waters of areas where American Indian tribes or
bands hold treaty-based rights to harvest wild rice. The bill provides that not less
than $50,000 of the amounts appropriated for each fiscal year must be allocated for
public education and outreach pertaining to wild rice harvesting.
Terrestrial invasive species prevention
