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2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY BILL 546
February 20, 2020 - Offered by Representatives Anderson, Bowen, Brostoff,
Considine, Crowley, Doyle, Emerson, Fields, Goyke, Haywood, Hebl,
Hesselbein, Hintz, McGuire, B. Meyers, Milroy, L. Myers, Neubauer,
Ohnstad, Pope, Riemer, Sargent, Shankland, Sinicki, Spreitzer, Stubbs,
Stuck, Subeck, C. Taylor and Zamarripa.
AB546-AA3,1,11 At the locations indicated, amend the bill as follows:
AB546-AA3,1,4 21. Page 1, line 4: after “services," insert “medical cannabis, providing an
3exemption from emergency rule procedures, granting rule-making authority,
4making an appropriation,".
AB546-AA3,1,5 52. Page 2, line 1: before that line insert:
AB546-AA3,1,6 6 Section 1. 20.115 (7) (ge) of the statutes is created to read:
AB546-AA3,1,97 20.115 (7) (ge) Medical cannabis licenses and registration. All moneys received
8under s. 94.57 (4) to license and regulate producers, processors, and dispensaries,
9and to register laboratories, under s. 94.57.
AB546-AA3,2 10Section 2. 20.435 (1) (gq) of the statutes is created to read:
AB546-AA3,1,1311 20.435 (1) (gq) Medical cannabis registry. All moneys received as fees under
12s. 146.44 (2) (a) 4. and (ac) 3. and (4m), for the purposes of the Medical Cannabis
13Registry Program under s. 146.44.
AB546-AA3,3
1Section 3. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB546-AA3,2,122 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
3the possession of marijuana, as defined in s. 961.01 (14), subject to par. (c) and the
4exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
5ordinance; except that if. Any ordinance enacted under this paragraph shall provide
6a person who is prosecuted under it with the defenses that the person has under s.
7961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint
8is issued regarding an allegation of possession of more than 25 grams of marijuana,
9or possession of any amount of marijuana following a conviction in this state for
10possession of marijuana, the subject of the complaint may not be prosecuted under
11this subsection for the same action that is the subject of the complaint unless all of
12the following occur:
AB546-AA3,4 13Section 4. 59.54 (25) (c) of the statutes is created to read:
AB546-AA3,2,1614 59.54 (25) (c) A person may not be prosecuted under an ordinance enacted
15under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
16prosecution under s. 961.41 (3g) (e).
AB546-AA3,5 17Section 5. 59.54 (25m) of the statutes is amended to read:
AB546-AA3,3,218 59.54 (25m) Drug paraphernalia. The board may enact an ordinance to
19prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
20(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
21Any ordinance enacted under this subsection shall provide a person prosecuted
22under it with the defenses that the person has under s. 961.5755 to prosecutions
23under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
24under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
25the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or

1961.575 (1).
The board may enforce an ordinance enacted under this subsection in
2any municipality within the county.
AB546-AA3,6 3Section 6. 66.0107 (1) (bm) of the statutes is amended to read:
AB546-AA3,3,144 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
5marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
6(intro.), and provide a forfeiture for a violation of the ordinance ; except that if. Any
7ordinance enacted under this paragraph shall provide a person who is prosecuted
8under it with the defenses that the person has under s. 961.436 to prosecutions under
9s. 961.41 (1) (h), (1m) (h), or (3g) (e). If
a complaint is issued regarding an allegation
10of possession of more than 25 grams of marijuana, or possession of any amount of
11marijuana following a conviction in this state for possession of marijuana, the subject
12of the complaint may not be prosecuted under this paragraph for the same action that
13is the subject of the complaint unless the charges are dismissed or the district
14attorney declines to prosecute the case.
AB546-AA3,7 15Section 7. 66.0107 (1) (bp) of the statutes is amended to read:
AB546-AA3,3,2316 66.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
17same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
18(2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
19under this paragraph shall provide a person prosecuted under it with the defenses
20that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
21(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
22under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
23to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
AB546-AA3,8 24Section 8. 66.04165 of the statutes is created to read:
AB546-AA3,4,4
166.04165 Medical cannabis. No village, town, city, or county may enact or
2enforce an ordinance or a resolution that prohibits producing, processing,
3dispensing, testing, or possessing medical cannabis if those actions are lawfully done
4by one of the following:
AB546-AA3,4,5 5(1) A licensee under s. 94.57.
AB546-AA3,4,8 6(2) If the amount of cannabis does not exceed the maximum authorized
7amount, as defined in s. 961.01 (14c), a person who has a valid registry identification
8card, as defined in s. 146.44 (1) (g), and is one of the following:
AB546-AA3,4,109 (a) A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
10to provide medical cannabis for his or her own use.
AB546-AA3,4,1211 (b) A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
12to provide medical cannabis for his or her qualifying patient.
AB546-AA3,9 13Section 9. 66.1201 (2m) of the statutes is amended to read:
AB546-AA3,4,2214 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
15facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
16facility, or privilege in any manner for any purpose nor be discriminated against
17because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic
18abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the
19person holds, or has applied for, a registry identification card, as defined in s. 146.44
20(1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h),
21or is or has been a member of a treatment team, as defined in s. 961.01 (20t);
or
22national origin.
AB546-AA3,10 23Section 10. 66.1213 (3) of the statutes is amended to read:
AB546-AA3,5,724 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
25facility, or privilege under this section may not be denied the right, benefit, facility,

1or privilege in any manner for any purpose nor be discriminated against because of
2sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
3sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
4holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
5has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or
6has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
7origin.
AB546-AA3,11 8Section 11. 66.1301 (2m) of the statutes is amended to read:
AB546-AA3,5,179 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
10or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
11or privilege in any manner for any purpose nor be discriminated against because of
12sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
13sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
14holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
15has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or
16has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
17origin.
AB546-AA3,12 18Section 12. 66.1331 (2m) of the statutes is amended to read:
AB546-AA3,6,219 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
20facility, or privilege under this section may not be denied the right, benefit, facility,
21or privilege in any manner for any purpose nor be discriminated against because of
22sex, race, color, creed, or sexual orientation ,; status as a victim of domestic abuse,
23sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
24holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
25has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or

1has been a member of a treatment team, as defined in s. 961.01 (20t);
or national
2origin.
AB546-AA3,13 3Section 13. 66.1333 (3) (e) 2. of the statutes is amended to read:
AB546-AA3,6,114 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
5privilege under this section may not be denied the right, benefit, facility, or privilege
6in any manner for any purpose nor be discriminated against because of sex, race,
7color, creed, or sexual orientation, ; status as a victim of domestic abuse, sexual
8assault, or stalking, as defined in s. 106.50 (1m) (u), ; whether the person holds, or
9has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been
10the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been
11a member of a treatment team, as defined in s. 961.01 (20t);
or national origin.
AB546-AA3,14 12Section 14. 77.52 (13) of the statutes is amended to read:
AB546-AA3,6,2413 77.52 (13) For the purpose of the proper administration of this section and to
14prevent evasion of the sales tax it shall be presumed that all receipts are subject to
15the tax until the contrary is established. The burden of proving that a sale of tangible
16personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
17is not a taxable sale at retail is upon the person who makes the sale unless that
18person takes from the purchaser an electronic or a paper certificate, in a manner
19prescribed by the department, to the effect that the property, item, good, or service
20is purchased for resale or is otherwise exempt, except that no certificate is required
21for the sale of tangible personal property, or items, property, or goods under sub. (1)
22(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
23(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
24(51), (52), (66), and (67), and (69).
AB546-AA3,15 25Section 15. 77.53 (10) of the statutes is amended to read:
AB546-AA3,7,13
177.53 (10) For the purpose of the proper administration of this section and to
2prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
3tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
4(d), or taxable services sold by any person for delivery in this state is sold for storage,
5use, or other consumption in this state until the contrary is established. The burden
6of proving the contrary is upon the person who makes the sale unless that person
7takes from the purchaser an electronic or paper certificate, in a manner prescribed
8by the department, to the effect that the property, or items, property, or goods under
9s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
10exempt from the tax, except that no certificate is required for the sale of tangible
11personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
12services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
13(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (69).
AB546-AA3,16 14Section 16. 77.54 (69) of the statutes is created to read:
AB546-AA3,7,1715 77.54 (69) The sales price from the sales of and the storage, use, or other
16consumption of medical cannabis and drug paraphernalia delivered or distributed
17by a dispensary licensed under s. 94.57.
AB546-AA3,17 18Section 17. 94.57 of the statutes is created to read:
AB546-AA3,7,19 1994.57 Medical cannabis. (1) Definitions. In this section:
AB546-AA3,7,2420 (b) “Dispensary” means a person who obtains packaged and labelled medical
21cannabis from a licensed processor and dispenses that cannabis, and cannabis
22paraphernalia, at a permanent location to a member of a treatment team holding a
23valid registry identification card issued under s. 146.44, regardless of whether the
24dispensing is done in exchange for monetary consideration.
AB546-AA3,8,3
1(c) “Laboratory” means a person who obtains medical cannabis from a licensed
2processor and tests that cannabis for tetrahydrocannabinol content and the presence
3of molds, pesticides, heavy metals, and other contaminants.
AB546-AA3,8,54 (d) “Licensee” means a producer, processor, or dispensary that holds a valid
5license under this section.
AB546-AA3,8,66 (e) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB546-AA3,8,97 (f) “Medical cannabis" means a cannabis plant or usable cannabis that is
8intended to be used by a qualifying patient registered under s. 146.44 to alleviate the
9symptoms or effects of the patient's debilitating medical condition or treatment.
AB546-AA3,8,1410 (g) “Processor" means a person who obtains medical cannabis from a licensed
11producer, processes the medical cannabis into usable cannabis or individual
12cannabis plants, packages and labels the usable cannabis or cannabis plants, and
13transfers or sells the packaged and labelled usable cannabis or cannabis plants to a
14licensed dispensary.
AB546-AA3,8,1715 (h) “Producer” means a person who plants, grows, cultivates, or harvests more
16than 12 cannabis plants for medical cannabis and transfers or sells the medical
17cannabis to a licensed processor.
AB546-AA3,8,1818 (i) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
AB546-AA3,8,1919 (j) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
AB546-AA3,8,2020 (k) “School” has the meaning given in s. 118.257 (1) (d).
AB546-AA3,8,2121 (L) “Treatment team" has the meaning given in s. 961.01 (20t).
AB546-AA3,8,2222 (m) “Usable cannabis” has the meaning given in s. 961.01 (21f).
AB546-AA3,8,2323 (n) “Written certification" has the meaning given in s. 146.44 (1) (h).
AB546-AA3,9,7 24(2) License required. No person may operate in this state as a producer,
25processor, or dispensary without a license issued by the department under this

1section. A person who engages in more than one of these activities shall obtain a
2separate license for each activity. A licensee may engage in the licensed activity at
3more than one location without obtaining a separate license. No licensee may
4operate at more than 2 separate locations, regardless of the number of licenses held.
5A person who is an employee of a licensee is not required to obtain a separate license.
6A person is not required to obtain a license under this section if the person handles
7only industrial hemp and holds a valid license under s. 94.55.
AB546-AA3,9,10 8(3) License criteria. (a) The department may issue a license under this section
9to an applicant only if the applicant has been a resident of this state for at least the
102 years immediately preceding the application.
AB546-AA3,9,1211 (b) The department may not issue a license to, and must revoke a license of, any
12entity to which any of the following applies:
AB546-AA3,9,1313 1. The entity is located within 500 feet of a school, including a charter school.
AB546-AA3,9,1714 2. If the entity is a dispensary, the dispensary distributes to a member of a
15treatment team a number of cannabis plants or an amount of usable cannabis that,
16in the period of distribution, results in the treatment team possessing more than the
17maximum authorized amount.
AB546-AA3,9,2118 3. The dispensary possesses a number of cannabis plants or an amount of
19usable cannabis that exceeds the combined maximum authorized amount for all of
20the treatment teams that use the dispensary by a number or an amount determined
21by the department by rule to be unacceptable.
AB546-AA3,9,2322 4. The applicant, or a principal officer or board member of the applicant, has
23a financial interest in a registered laboratory.
AB546-AA3,10,3
1(4) Licensing procedure; fees; license term. (a) An application for a license
2under this section shall be in writing on a form provided by the department and
3include the licensing application fee under par. (b) 1.
AB546-AA3,10,54 (b) 1. A licensing application fee shall be an amount determined by the
5department but not less than $250.
AB546-AA3,10,76 2. The annual fee for a licensee shall be an amount determined by the
7department but not less than $5,000.
AB546-AA3,10,98 (c) A license is valid unless revoked. Each license shall be issued only for the
9applicant named in the application and may not be transferred or assigned.
AB546-AA3,10,14 10(5) Producers. (a) A licensed producer may plant, grow, cultivate, and harvest
11medical cannabis, including planting, growing, cultivating, and harvesting
12outdoors; transfer or sell the medical cannabis to a licensed processor; and engage
13in any related activities that are necessary for the operation, such as possessing,
14storing, and transporting the medical cannabis.
AB546-AA3,10,1615 (b) A licensed producer may not plant, grow, cultivate, or harvest medical
16cannabis for personal, family, or household use.
AB546-AA3,10,24 17(6) Processors. (a) A licensed processor may obtain medical cannabis from
18a licensed producer; process the medical cannabis into usable cannabis or individual
19cannabis plants; transfer samples of the usable cannabis or individual cannabis
20plants to a registered laboratory; package and label the usable cannabis or individual
21cannabis plants; transfer or sell the usable cannabis or individual cannabis plants
22to a licensed dispensary; and engage in any related activities that are necessary for
23the operation, such as possessing, storing, and transporting the usable cannabis or
24individual cannabis plants.
AB546-AA3,11,7
1(b) Before distributing medical cannabis to a licensed dispensary, a licensed
2processor shall provide samples of each type of cannabis plant and usable cannabis
3that it processes to a registered laboratory to test for mold, fungus, pesticides, and
4other contaminants and may not distribute medical cannabis that tests positive for
5mold, fungus, pesticides, or other contaminants if the contaminants or the level of
6contaminants is identified by the laboratory as being potentially unsafe to an
7individual's health.
AB546-AA3,11,12 8(7) Dispensaries. (a) A licensed dispensary may obtain packaged, labelled
9medical cannabis from a licensed processor; dispense the medical cannabis according
10to the provisions of this section; and engage in any related activities that are
11necessary for the operation, such as possessing, storing, and transporting the
12medical cannabis.
AB546-AA3,11,1413 (b) A licensed dispensary may dispense medical cannabis only to a person who
14presents a valid registry identification card issued under s. 146.44.
AB546-AA3,11,1615 (c) The department shall determine which and how many applicants for a
16dispensary license receive a license on the basis of all of the following:
AB546-AA3,11,1717 1. Convenience to treatment teams and the preferences of treatment teams.
AB546-AA3,11,1918 2. The ability of an applicant to provide to treatment teams a sufficient amount
19of medical cannabis.
AB546-AA3,11,2120 3. The experience the applicant has running a nonprofit organization or a
21business.
AB546-AA3,11,2322 4. The preferences of the governing bodies with jurisdiction over the area in
23which the applicants are located.
AB546-AA3,11,2524 5. The ability of the applicant to keep records confidential and maintain a safe
25and secure facility.
AB546-AA3,12,1
16. The ability of the applicant to abide by the prohibitions under sub. (3) (b).
AB546-AA3,12,10 2(8) Laboratories. The department shall register entities as medical cannabis
3testing laboratories. The department may not register a laboratory if any principal
4officer or board member of the entity has any financial interest in a licensee or an
5applicant for a license under this section. A registered laboratory may obtain
6samples of medical cannabis from a licensed processor; test and certify the
7tetrahydrocannabinol content of the medical cannabis and whether the medical
8cannabis contains any contaminants; and engage in any related activities that are
9necessary for the operation, such as possessing, storing, and transporting the
10medical cannabis. Registered laboratories shall perform the following services:
AB546-AA3,12,1211 (a) Testing medical cannabis for potency and for mold, fungus, pesticides, and
12other contaminants.
AB546-AA3,12,1413 (b) Researching findings related to medical cannabis, including findings that
14identify potentially unsafe levels of contaminants.
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