Amendment SSA1-SB440

SB440-SSA1,9,11 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

SB440-SSA1,17 Section 17 . 66.0107 (1) (bm) of the statutes is amended to read:

SB440-SSA1,9,22 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

SB440-SSA1,18 Section 18 . 66.04185 of the statutes is created to read:

SB440-SSA1,9,25 66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is by an individual who has no more than 6 marijuana plants at one time for his or her personal use.

SB440-SSA1,19 Section 19. 73.17 of the statutes is created to read:

SB440-SSA1,10,5 73.17 Medical marijuana registry program. (1) Definitions. In this section:

SB440-SSA1,10,6 (a) “Debilitating medical condition or treatment” means any of the following:

SB440-SSA1,10,12 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

SB440-SSA1,10,16 2. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB440-SSA1,10,17 (b) “Department” means the department of revenue.

SB440-SSA1,10,18 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

SB440-SSA1,10,21 (d) “Qualifying patient” means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years

SB440-SSA1,10,23 (e) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (71).

SB440-SSA1,10,24 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB440-SSA1,11,2 (g) “Written certification” means means a statement made by a person's physician if all of the following apply:

SB440-SSA1,11,6 1. The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of usable marijuana would likely outweigh the health risks for the person.

SB440-SSA1,11,10 2. The statement indicates that the opinion described in subd. 1. was formed after a full assessment of the person's medical history and current medical condition that was conducted no more than 6 months prior to making the statement and that was made in the course of a bona fide physician-patient relationship

SB440-SSA1,11,12 3. The statement is signed by the physician or is contained in the person's medical records.

SB440-SSA1,11,14 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

SB440-SSA1,11,17 (2) Application. An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

SB440-SSA1,11,18 (a) His or her name, address, and date of birth.

SB440-SSA1,11,19 (b) A written certification.

SB440-SSA1,11,21 (c) The name, address, and telephone number of the person's current physician, as listed in the written certification.

SB440-SSA1,12,2 (3) Processing the application. The department shall verify the information contained in or accompanying an application submitted under sub. (2) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) only if the required information has not been provided or if false information has been provided.

SB440-SSA1,12,10 (4) Issuing a registry identification card and tax exemption certificate. The department shall issue to the applicant a registry identification card and tax exemption certificate within 5 days after approving an application under sub. (3). Unless voided under sub. (5) (b) or revoked under rules issued by the department under sub. (7), a registry identification card and tax exemption certificate shall expire 4 years from the date of issuance. A tax exemption certificate shall contain the information determined by the department. A registry identification card shall contain all of the following:

SB440-SSA1,12,11 (a) The name, address, and date of birth of the registrant.

SB440-SSA1,12,12 (b) The date of issuance and expiration date of the registry identification card.

SB440-SSA1,12,13 (c) A photograph of the registrant.

SB440-SSA1,12,14 (d) Other information the department may require by rule.

SB440-SSA1,12,19 (5) Additional information to be provided by registrant. (a) An adult registrant shall notify the department of any change in the registrant's name and address. An adult registrant who is a qualifying patient shall notify the department of any change in his or her physician or of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment.

SB440-SSA1,12,22 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a), his or her registry identification card and tax exemption certificate is void.

SB440-SSA1,12,23 (6) Records. (a) The department shall maintain a list of all registrants.

SB440-SSA1,13,3 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not disclose information from an application submitted or a registry identification card issued under this section.

SB440-SSA1,13,7 (c) The department may disclose to state or local law enforcement agencies information from an application submitted by, or from a registry identification card issued to, a specific person under this section for the purpose of verifying that the person possesses a valid registry identification card.

SB440-SSA1,13,8 (7) Rules. The department shall promulgate rules to implement this section.

SB440-SSA1,20 Section 20 . 77.54 (71) of the statutes is created to read:

SB440-SSA1,13,12 77.54 (71) The sales price from the sale of and the storage, use, or other consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an individual who holds a valid certificate issued under s. 73.17 (4).

SB440-SSA1,21 Section 21. 94.55 (2t) of the statutes is repealed.

SB440-SSA1,22 Section 22 . 94.56 of the statutes is created to read:

SB440-SSA1,13,16 94.56 Marijuana producers and processors. (1) Definitions. In this section:

SB440-SSA1,13,19 (a) “Labor peace agreement” means an agreement between a person applying for a permit under this section and a labor organization, as defined in s. 5.02 (8m), that does all of the following:

SB440-SSA1,13,22 1. Prohibits labor organizations and its members from engaging in picketing, work stoppages, boycotts, and any other economic interference with persons doing business in this state.

SB440-SSA1,13,24 2. Prohibits the applicant from disrupting the efforts of the labor organization to communicate with and to organize and represent the applicant's employees.

SB440-SSA1,14,4 3. Provides the labor organization access at reasonable times to areas in which the applicant's employees work for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

SB440-SSA1,14,5 (b) “Marijuana" has the meaning given in s. 961.70 (3).

SB440-SSA1,14,6 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).

SB440-SSA1,14,7 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).

SB440-SSA1,14,8 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).

SB440-SSA1,14,10 (f) “Permittee” means a marijuana producer or marijuana processor who is issued a permit under this section.

SB440-SSA1,14,16 (2) Permit required. (a) No person may operate in this state as a marijuana producer or marijuana processor without a permit from the department. A person who acts as a marijuana producer and a marijuana processor shall obtain a separate permit for each activity. A person is not required to obtain a permit under this section if the person produces or processes only industrial hemp and holds a valid license under s. 94.55.

SB440-SSA1,14,18 (b) This subsection applies to any of the following if they hold 5 percent or more of the stock of any corporation applying for a permit under this section

SB440-SSA1,14,19 1. Officers of the corporation.

SB440-SSA1,14,20 2. Directors of the corporation.

SB440-SSA1,14,21 3. Agents of the corporation.

SB440-SSA1,14,22 4. Stockholders of the corporation.

SB440-SSA1,14,24 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may not be granted to any person to whom any of the following applies:

SB440-SSA1,15,2 1. The person has been convicted of a violent misdemeanor, as defined in s. 941.29 (1g) (b), at least 3 times.

SB440-SSA1,15,4 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g) (a), unless pardoned.

SB440-SSA1,15,6 3. During the preceding 3 years, the person has been committed under s. 51.20 for being drug dependent.

SB440-SSA1,15,11 4. The person chronically and habitually uses alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed to chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

SB440-SSA1,15,13 a. The person has been committed for involuntary treatment under s. 51.45 (13).

SB440-SSA1,15,14 b. The person has been convicted of a violation of s. 941.20 (1) (b).

SB440-SSA1,15,24 c. In 2 or more cases arising out of separate incidents, a court has found the person to have committed a violation of s. 346.63 or a local ordinance in conformity with that section; a violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63; or a violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

SB440-SSA1,16,2 5. The person has income that comes principally from gambling or has been convicted of 2 or more gambling offenses.

SB440-SSA1,16,3 6. The person has been convicted of crimes relating to prostitution.

SB440-SSA1,16,5 7. The person has been convicted of crimes relating to loaning money or anything of value to persons holding licenses or permits pursuant to ch. 125.

SB440-SSA1,16,6 8. The person is under the age of 21.

SB440-SSA1,16,8 9. The person has not been a resident of this state continuously for at least 90 days prior to the application date.

SB440-SSA1,16,15 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more employees may not receive a permit under this section unless the applicant certifies to the department that the applicant has entered into a labor peace agreement and will abide by the terms of the agreement as a condition of maintaining a valid permit under this section. The applicant shall submit to the department a copy of the page of the labor peace agreement that contains the signatures of the union representative and the applicant.

SB440-SSA1,16,25 (cn) The department shall use a competitive scoring system to determine which applicants are eligible to receive a permit under this section. The department shall 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. The department may deny a permit to an applicant with a low score as determined under this paragraph. The department may request that the applicant provide any information or documentation that the department deems necessary for purposes of making a determination under this paragraph.

SB440-SSA1,17,7 (d) 1. Before the department issues a new or renewed permit under this section, the department shall give notice of the permit application to the governing body of the municipality where the permit applicant intends to operate the premises of a marijuana producer or marijuana processor. No later than 30 days after the department submits the notice, the governing body of the municipality may file with the department a written objection to granting or renewing the permit. At the municipality's request, the department may extend the period for filing objections.

SB440-SSA1,17,21 2. A written objection filed under subd. 1. shall provide all the facts on which the objection is based. In determining whether to grant or deny a permit for which an objection has been filed under this paragraph, the department shall give substantial weight to objections from a municipality based on chronic illegal activity associated with the premises for which the applicant seeks a permit or the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, the conduct of the applicant's patrons inside or outside the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic illegal activity" means a pervasive pattern of activity that threatens the public health, safety, and welfare of the municipality, including any crime or ordinance violation, and that is documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar law enforcement agency records.

SB440-SSA1,18,2 (e) After denying a permit, the department shall immediately notify the applicant in writing of the denial and the reasons for the denial. After making a decision to grant or deny a permit for which a municipality has filed an objection under par. (d), the department shall immediately notify the governing body of the municipality in writing of its decision and the reasons for the decision.

SB440-SSA1,18,4 (f) 1. The department's denial of a permit under this section is subject to judicial review under ch. 227.

SB440-SSA1,18,6 2. The department's decision to grant a permit under this section regardless of an objection filed under par. (d) is subject to judicial review under ch. 227.

SB440-SSA1,18,8 (g) The department shall not issue a permit under this section to any person who does not hold a valid certificate under s. 73.03 (50).

SB440-SSA1,18,14 (3) Fees; term. (a) Each person who applies for a permit under this section shall submit with the application a $250 fee. A permit issued under this section is valid for one year and may be renewed, except that the department may revoke or suspend a permit prior to its expiration. A person is not entitled to a refund of the fees paid under this subsection if the person's permit is denied, revoked, or suspended.

SB440-SSA1,18,18 (b) A permittee shall annually pay to the department a fee for as long as the person holds a valid permit under this section. The annual fee for a marijuana processor permittee is $2,000. The annual fee for a marijuana producer permittee is one of the following, unless the department, by rule, establishes a higher amount:

SB440-SSA1,18,20 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800 marijuana plants, $1,800.

SB440-SSA1,18,22 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but not more than 3,600 marijuana plants, $2,900.

SB440-SSA1,18,24 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but not more than 6,000 marijuana plants, $3,600.

SB440-SSA1,19,2 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but not more than 10,200 marijuana plants, $5,100.

SB440-SSA1,19,4 5. If the permittee plants, grows, cultivates, or harvests more than 10,200 marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.

SB440-SSA1,19,7 (4) Schools. The department may not issue a permit under this section to operate as a marijuana producer within 500 feet of the perimeter of the grounds of any elementary or secondary school.

SB440-SSA1,19,15 (5) Education and awareness campaign. The department shall develop and make available training programs for marijuana producers on how to safely and efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for marijuana processors on how to safely and efficiently produce and handle marijuana products and test marijuana for contaminants. The department shall conduct an awareness campaign to inform potential marijuana producers and marijuana processors of the availability and viability of marijuana as a crop or product in this state.

SB440-SSA1,19,20 (6) Rules. The department shall promulgate rules necessary to administer and enforce this section, including rules relating to the inspection of the plants, facilities, and products of permittees; training requirements for employees of permittees; and the competitive scoring system for determining which applicants are eligible to receive a permit under this section.

SB440-SSA1,19,24 (7) Penalties. (a) Any person who violates sub. (2), fails to pay the required fee under sub. (3), or violates any of the requirements established by the rules promulgated under sub. (6) shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both.

SB440-SSA1,20,4 (b) In addition to the penalties imposed under par. (a), the department shall revoke the permit of any person convicted of any violation described under par. (a) and not issue another permit to that person for a period of 2 years following the revocation.