This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB599-AA2,30,5 24139.975 Seizure and confiscation. (1) All marijuana and medical
25marijuana produced, processed, made, kept, stored, sold, distributed, or transported

1in violation of this subchapter or s. 73.17 or 73.18 and all tangible personal property
2used in connection with the marijuana or medical marijuana is unlawful property
3and subject to seizure by the commission or a law enforcement officer. Except as
4provided in sub. (2), all marijuana and medical marijuana seized under this
5subsection shall be destroyed.
AB599-AA2,30,14 6(2) If marijuana or medical marijuana on which the tax has not been paid is
7seized as provided under sub. (1), it may be given to law enforcement officers to use
8in criminal investigations or sold to qualified buyers by the commission without
9notice. If the marijuana or medical marijuana is sold, after deducting the costs of
10selling and storing the property, the commission shall pay the sale proceeds into the
11medical marijuana fund. If the commission finds that the marijuana or medical
12marijuana may deteriorate or become unfit for use in criminal investigations or for
13sale, or that those uses would otherwise be impractical, the commission may order
14them destroyed.
AB599-AA2,30,21 15(3) If marijuana or medical marijuana on which the tax has been paid is seized
16as provided under sub. (1), it shall be returned to the true owner if ownership can be
17ascertained and the owner or the owner's agent is not involved in the violation
18resulting in the seizure. If the ownership cannot be ascertained or if the owner or
19the owner's agent was guilty of the violation that resulted in the seizure of the
20marijuana or medical marijuana, it may be sold or otherwise disposed of as provided
21in sub. (2).
AB599-AA2,31,17 22(4) If tangible personal property other than marijuana or medical marijuana
23is seized as provided under sub. (1), the commission shall advertise the tangible
24personal property for sale by publication of a class 2 notice under ch. 985. If no person
25claiming a lien on, or ownership of, the property has notified the commission of the

1person's claim within 10 days after last insertion of the notice, the commission shall
2sell the property. If a sale is not practical, the commission may destroy the property.
3If a person claiming a lien on, or ownership of, the property notifies the commission
4within the time prescribed in this subsection, the commission may apply to the
5circuit court in the county where the property was seized for an order directing
6disposition of the property or the proceeds from the sale of the property. If the court
7orders the property to be sold, all liens, if any, may be transferred from the property
8to the sale proceeds. Neither the property seized nor the proceeds from the sale shall
9be turned over to any claimant of lien or ownership unless the claimant first
10establishes that the property was not used in connection with any violation under
11this subchapter or s. 73.17 or 73.18 or that, if so used, it was done without the
12claimant's knowledge or consent and without the claimant's knowledge of facts that
13should have given the claimant reason to believe it would be put to such use. If no
14claim of lien or ownership is established as provided under this subsection, the
15property may be ordered destroyed. In case of a sale, the net proceeds after deducting
16costs, expenses, and established claims shall be paid into the medical marijuana
17fund.
AB599-AA2,31,22 18139.976 Interest and penalties. (1) Any person who makes or signs any
19false or fraudulent report under this subchapter, who attempts to evade the tax
20imposed under this subchapter, or who aids in or abets the evasion or attempted
21evasion of that tax may be fined not more than $10,000 or imprisoned not more than
229 months or both.
AB599-AA2,31,25 23(2) Any producer or processor who fails to keep the records required under this
24subchapter shall be fined not less than $100 nor more than $500 or imprisoned not
25more than 6 months or both.
AB599-AA2,32,5
1(3) Any person who refuses to permit the examination or inspection authorized
2under s. 139.973 (3) may be fined not more than $500 or imprisoned not more than
36 months or both. The commission shall immediately suspend or revoke the license
4of any person who refuses to permit the examination or inspection authorized under
5s. 139.973 (3).
AB599-AA2,32,8 6(4) Any person who violates any of the provisions of this subchapter for which
7no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
8or imprisoned not less than 10 days nor more than 90 days or both.
AB599-AA2,32,11 9(5) Any person who violates any of the rules promulgated in accordance with
10this subchapter shall be fined not less than $100 nor more than $500 or imprisoned
11not more than 6 months or both.
AB599-AA2,32,15 12(6) In addition to the penalties imposed for violating the provisions of this
13subchapter or any of the commission's rules, the commission shall automatically
14revoke the license of any person convicted of such a violation and not issue another
15license to that person for a period of 2 years following the revocation.
AB599-AA2,32,20 16(7) Unpaid taxes under this subchapter bear interest at the rate of 12 percent
17per year from the due date of the return until paid or deposited with the commission,
18and all refunded taxes under this subchapter bear interest at the rate of 3 percent
19per year from the due date of the return to the date on which the refund is certified
20on the refund rolls.
AB599-AA2,32,22 21(8) All nondelinquent payments of additional amounts owed under this
22subchapter shall be applied in the following order: penalties, interest, tax principal.
AB599-AA2,32,25 23(9) Delinquent medical marijuana taxes bear interest at the rate of 1.5 percent
24per month until paid. The taxes imposed by this subchapter shall become delinquent
25if not paid by the following:
AB599-AA2,33,2
1(a) In the case of a timely filed return, no return filed, or a late return, on or
2before the due date of the return.
AB599-AA2,33,43 (b) In the case of a deficiency determination of taxes, within 2 months after the
4date of demand.
AB599-AA2,33,8 5(10) If due to neglect an incorrect return is filed under this subchapter, the
6entire tax finally determined is subject to a penalty of 25 percent of the tax exclusive
7of interest or other penalty. A person filing an incorrect return has the burden of
8proving that the error or errors were due to good cause and not due to neglect.
AB599-AA2,21 9Section 21. 182.001 (3) of the statutes is amended to read:
AB599-AA2,33,1410 182.001 (3) Prohibited activities. Those farming operations prohibited under
11this section are the production of dairy products not including the processing of such
12dairy products; the production of cattle, hogs, and sheep; and the production of
13wheat, field corn, barley, oats, rye, hay, pasture, soybeans, millet, sorghum, and
14hemp, and marijuana and medical marijuana as provided under ss. 73.17 and 73.18.
AB599-AA2,22 15Section 22. 440.035 (2m) (a) of the statutes is renumbered 440.035 (2m) (a)
16(intro.) and amended to read:
AB599-AA2,33,1717 440.035 (2m) (a) (intro.) In this subsection, “ controlled:
AB599-AA2,33,18 181. “Controlled substance" has the meaning given in s. 961.01 (4).
AB599-AA2,23 19Section 23. 440.035 (2m) (a) 2. of the statutes is created to read:
AB599-AA2,33,2120 440.035 (2m) (a) 2. “Medical marijuana” has the meaning given in s. 73.18 (1)
21(e).
AB599-AA2,24 22Section 24. 440.035 (2m) (b) of the statutes, as affected by 2021 Wisconsin Act
2323
, is renumbered 440.035 (2m) (b) 1.
AB599-AA2,25 24Section 25. 440.035 (2m) (b) 2. of the statutes is created to read:
AB599-AA2,34,4
1440.035 (2m) (b) 2. The medical examining board and the board of nursing may
2issue guidelines regarding best practices in making recommendations for the use of
3medical marijuana under s. 73.18 (2) for persons credentialed by that board who are
4authorized to recommend the use of medical marijuana.
AB599-AA2,26 5Section 26. 441.07 (1g) (d) 3. of the statutes is created to read:
AB599-AA2,34,76 441.07 (1g) (d) 3. Recommending the use of medical marijuana to treat a
7patient in accordance with s. 73.18 (2).
AB599-AA2,27 8Section 27. 441.20 of the statutes is created to read:
AB599-AA2,34,10 9441.20 Recommendations for use of medical marijuana. (1) In this
10section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).
AB599-AA2,34,15 11(2) A certified advanced practice nurse prescriber who, acting in good faith,
12recommends the use of medical marijuana to treat a patient in accordance with s.
1373.18 (2) shall be immune from criminal or civil liability and may not be subject to
14professional discipline under s. 441.07 for any outcomes resulting from that
15recommendation.
AB599-AA2,28 16Section 28. 448.015 (4) (bm) 3. of the statutes is created to read:
AB599-AA2,34,1817 448.015 (4) (bm) 3. Recommending the use of medical marijuana, as defined
18in s. 73.18 (1) (e), to treat a patient in accordance with s. 73.18 (2).
AB599-AA2,29 19Section 29. 448.039 of the statutes is created to read:
AB599-AA2,34,21 20448.039 Recommendations for use of medical marijuana. (1) In this
21section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).
AB599-AA2,34,25 22(2) A physician or physician assistant who, acting in good faith, recommends
23the use of medical marijuana to treat a patient in accordance with s. 73.18 (2) shall
24be immune from criminal or civil liability and may not be subject to professional
25discipline under s. 448.02 for any outcomes resulting from that recommendation.
AB599-AA2,30
1Section 30. 450.03 (1) (em) of the statutes is created to read:
AB599-AA2,35,32 450.03 (1) (em) Any person acting within the scope of a valid medical marijuana
3producer, processor, or dispensary license under s. 73.17.
AB599-AA2,31 4Section 31. 450.07 (1m) of the statutes is renumbered 450.07 (1m) (a).
AB599-AA2,32 5Section 32. 450.07 (1m) (b) of the statutes is created to read:
AB599-AA2,35,86 450.07 (1m) (b) No license under this section is required for a person acting
7within the scope of a valid medical marijuana producer, processor, or dispensary
8license under s. 73.17.
AB599-AA2,33 9Section 33. 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and
10amended to read:
AB599-AA2,35,1311 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the
12wholesale distribution of a prescription drug in this state without obtaining a license
13from the board for each facility from which the person distributes prescription drugs.
AB599-AA2,35,18 14(b) 1. The board shall exempt from the licensure requirement under this section
15a manufacturer that distributes prescription drugs or devices manufactured by the
16manufacturer from licensing and other requirements under this section to the extent
17the license or requirement is not required under federal law or regulation, unless the
18board determines that it is necessary to apply a requirement to a manufacturer.
AB599-AA2,34 19Section 34. 450.071 (1) (b) 2. of the statutes is created to read:
AB599-AA2,35,2220 450.071 (1) (b) 2. No license under this section is required for a person acting
21within the scope of a valid medical marijuana producer, processor, or dispensary
22license under s. 73.17.
AB599-AA2,35 23Section 35. 961.01 (12q) of the statutes is created to read:
AB599-AA2,35,2524 961.01 (12q) “Licensed entity” means a producer, processor, dispensary,
25transporter, or laboratory licensed under s. 73.17.
AB599-AA2,36
1Section 36. 961.01 (14g) of the statutes is created to read:
AB599-AA2,36,22 961.01 (14g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
AB599-AA2,37 3Section 37. 961.01 (19m) of the statutes is created to read:
AB599-AA2,36,64 961.01 (19m) “Primary caregiver" means a person who is registered under s.
573.18 to help a qualifying patient in his or her use or acquisition of medical
6marijuana.
AB599-AA2,38 7Section 38. 961.01 (20hm) of the statutes is created to read:
AB599-AA2,36,108 961.01 (20hm) “Qualifying patient" means a person who holds a
9recommendation and registry identification card for the use of medical marijuana
10under s. 73.18.
AB599-AA2,39 11Section 39. 961.01 (20ht) of the statutes is created to read:
AB599-AA2,36,1312 961.01 (20ht) “Registry identification card" has the meaning given in s. 73.18
13(1) (L).
AB599-AA2,40 14Section 40. 961.01 (20t) of the statutes is created to read:
AB599-AA2,36,1615 961.01 (20t) “Treatment team" means a qualifying patient and his or her
16primary caregivers.
AB599-AA2,41 17Section 41. 961.33 of the statutes is created to read:
AB599-AA2,36,22 18961.33 Medical marijuana. (1) Possession, distribution, and delivery by
19treatment team; authorization.
A member of a qualifying patient's treatment team
20may possess medical marijuana or distribute, deliver, or possess with intent to
21distribute medical marijuana to another member of the same qualifying patient's
22treatment team if all of the following apply:
AB599-AA2,36,2523 (a) The possession, distribution, or delivery of medical marijuana is done to
24facilitate a qualifying patient's use of medical marijuana in accordance with his or
25her recommendation under s. 73.18.
AB599-AA2,37,2
1(b) The medical marijuana is legally obtained from a person who is authorized
2to distribute or deliver medical marijuana under the laws of this state.
AB599-AA2,37,43 (c) The amount of medical marijuana does not exceed the amount specified
4under s. 73.18 (3) (L) for each qualifying patient.
AB599-AA2,37,65 (d) The qualifying patient or primary caregiver has in his or her immediate
6possession a registry identification card.
AB599-AA2,37,11 7(2) Licensed entities; authorized acts. A licensed entity or an agent or
8employee of a licensed entity may possess, manufacture, distribute, or deliver
9marijuana or possess with the intent to manufacture, distribute, or deliver
10marijuana if the licensed entity or agent or employee is acting in the usual course of
11his or her business or employment.
AB599-AA2,37,17 12(3) Prosecution. (a) A person who is acting in accordance with this section and
13s. 73.17 or 73.18 may not be prosecuted for a criminal offense under this chapter, or
14under any municipal ordinance that prohibits conduct that is the same as that
15prohibited under this chapter, for the possession, manufacture, distribution, or
16delivery of marijuana or possession with the intent to manufacture, distribute, or
17deliver marijuana.
AB599-AA2,38,218 (b) A licensed entity or an agent or employee of a licensed entity who possesses,
19manufactures, distributes, or delivers marijuana or possesses with the intent to
20manufacture, distribute, or deliver marijuana in violation of s. 73.17 or in violation
21of a rule promulgated under s. 73.17 may not be prosecuted under this chapter unless
22the person is referred to the district attorney for the county in which the violation
23occurred by the medical marijuana regulatory commission and may not be
24prosecuted under a municipal ordinance that prohibits the same conduct as is

1prohibited under this chapter unless the person is referred to local law enforcement
2by the medical marijuana regulatory commission.
AB599-AA2,42 3Section 42. 961.38 (title) of the statutes is amended to read:
AB599-AA2,38,4 4961.38 (title) Prescriptions and recommendations for medical use.
AB599-AA2,43 5Section 43. 961.38 (1p) of the statutes is created to read:
AB599-AA2,38,86 961.38 (1p) A dispensary licensed under s. 73.17 may dispense medical
7marijuana to a person with a valid written hard copy or electronic recommendation
8and a valid registry identification card in accordance with s. 73.18.
AB599-AA2,44 9Section 44. 961.385 (1) (aj) of the statutes is amended to read:
AB599-AA2,38,1310 961.385 (1) (aj) “Patient" means an individual or animal for whom a monitored
11prescription drug is prescribed or, to whom a monitored prescription drug is
12dispensed or administered, or for whom the use of medical marijuana is
13recommended under s. 73.18 (2)
.
AB599-AA2,45 14Section 45. 961.385 (2) (intro.) of the statutes is amended to read:
AB599-AA2,38,1815 961.385 (2) (intro.) The board shall establish by rule a program for monitoring
16the dispensing of monitored prescription drugs and the making of recommendations
17for the use of, and issuance of registry identification cards for, medical marijuana
.
18The program shall do all of the following:
AB599-AA2,46 19Section 46. 961.385 (2) (am) and (an) of the statutes are created to read:
AB599-AA2,38,2220 961.385 (2) (am) Require a practitioner to generate a record documenting each
21recommendation made by the practitioner for the use of medical marijuana under s.
2273.18 (2).
AB599-AA2,38,2423 (an) Require the medical marijuana regulatory commission to generate a
24record documenting the issuance of a registry identification card under s. 73.18 (3).
AB599-AA2,47 25Section 47. 961.385 (2) (b) of the statutes is amended to read:
AB599-AA2,39,3
1961.385 (2) (b) Identify specific data elements to be contained in a record
2documenting the dispensing of a monitored prescription drug, including the method
3of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).
AB599-AA2,39,7 4(bm) In identifying specific data elements, the board shall under pars. (b), (bc),
5and (bd),
consider data elements identified by similar programs in other states and
6shall ensure, to the extent possible, that records generated by the program are easily
7shared with other states.
AB599-AA2,48 8Section 48. 961.385 (2) (bc) and (bd) of the statutes are created to read:
AB599-AA2,39,119 961.385 (2) (bc) Identify specific data elements to be contained in a record
10documenting the making of a recommendation for the use of medical marijuana
11under s. 73.18 (2).
AB599-AA2,39,1312 (bd) Identify specific data elements to be contained in a record documenting the
13issuance of a registry identification card under s. 73.18 (3).
AB599-AA2,49 14Section 49. 961.385 (2) (cm) 3. a. of the statutes is amended to read:
AB599-AA2,39,2015 961.385 (2) (cm) 3. a. The state board or agency, agency of another state, law
16enforcement agency, or prosecutorial unit makes a written request for the record and
17is engaged in an active and specific investigation or prosecution of a violation of any
18state or federal law involving a monitored prescription drug or any state or federal
19law involving marijuana
, and the record being requested is reasonably related to
20that investigation or prosecution.
AB599-AA2,50 21Section 50. 961.385 (2) (cs) 1. of the statutes is amended to read:
AB599-AA2,40,222 961.385 (2) (cs) 1. Require that a patient's records under the program be
23reviewed before the practitioner issues a prescription order for the patient or before
24the practitioner makes a recommendation to the patient for the use of medical
25marijuana under s. 73.18 (2)
. The review required under this subdivision may be

1performed by the practitioner or by the practitioner's agent in accordance with
2applicable standards of practice. This subdivision does not apply after April 1, 2025.
AB599-AA2,51 3Section 51. 961.385 (2) (cs) 2. (intro.), b., c. and d. of the statutes are amended
4to read:
Loading...
Loading...