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AB393-ASA4,9,97 48.47 (20) Diversity, equity, and inclusion grants. From the appropriation
8account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities
9that promote diversity and advance equity and inclusion.
AB393-ASA4,15 10Section 15 . 49.148 (4) (a) of the statutes is amended to read:
AB393-ASA4,9,2411 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
12a community service job or transitional placement who, after August 22, 1996, was
13convicted in any state or federal court of a felony that had as an element possession,
14use or distribution of a controlled substance to submit to a test for use of a controlled
15substance as a condition of continued eligibility. If the test results are positive, the
16Wisconsin works Works agency shall decrease the presanction benefit amount for
17that participant by not more than 15 percent for not fewer than 12 months, or for the
18remainder of the participant's period of participation in a community service job or
19transitional placement, if less than 12 months. If, at the end of 12 months, the
20individual is still a participant in a community service job or transitional placement
21and submits to another test for use of a controlled substance and if the results of the
22test are negative, the Wisconsin works Works agency shall discontinue the reduction
23under this paragraph. A Wisconsin Works agency may not require, under this
24subsection, a qualifying patient, as defined in s. 73.17 (1) (d), to submit to a test for

1use of tetrahydrocannabinols in any form, including tetrahydrocannabinols
2contained in marijuana, obtained from marijuana, or chemically synthesized.
AB393-ASA4,16 3Section 16. 49.79 (5) (a) of the statutes is amended to read:
AB393-ASA4,10,224 49.79 (5) (a) The department shall require an applicant for, or recipient under,
5the food stamp program to state in writing whether the applicant or recipient or any
6member of the applicant's or recipient's household has been convicted, in any state
7or federal court of a felony that has as an element possession, use or distribution of
8a controlled substance. The department shall require an applicant or recipient, or
9member of the applicant's or recipient's household to submit to a test for use of a
10controlled substance as a condition of continued eligibility if, after August 22, 1996,
11but not more than 5 years prior to the date the written statement is made, the
12applicant or recipient or the member of the applicant's or recipient's household was
13convicted in any state or federal court of a felony that had as an element possession,
14use or distribution of a controlled substance. If the test results are positive with
15respect to any individual, the department may not consider the needs of that
16individual in determining the household's eligibility for the food stamp program for
17at least 12 months from the date of the test. The department shall, however, consider
18the income and resources of that individual to be available to the household. The
19department may not require, under this subsection, a qualifying patient, as defined
20in s. 73.17 (1) (d), to submit to a test for use of tetrahydrocannabinols in any form,
21including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
22or chemically synthesized.
AB393-ASA4,17 23Section 17 . 59.54 (25) (title) of the statutes is amended to read:
AB393-ASA4,10,2424 59.54 (25) (title) Possession Regulation of marijuana.
AB393-ASA4,18 25Section 18 . 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB393-ASA4,11,8
159.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
2the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
3s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
4is consistent with s. 961.71
; except that if a complaint is issued regarding an
5allegation of possession of more than 25 grams of marijuana, or possession of any
6amount of marijuana following a conviction in this state for possession of marijuana,
7the subject of the complaint may not be prosecuted under this subsection for the same
8action that is the subject of the complaint unless all of the following occur:
AB393-ASA4,19 9Section 19 . 66.0107 (1) (bm) of the statutes is amended to read:
AB393-ASA4,11,1810 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
11marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
12(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
13with s. 961.71
; except that if a complaint is issued regarding an allegation of
14possession of more than 25 grams of marijuana, or possession of any amount of
15marijuana following a conviction in this state for possession of marijuana, the subject
16of the complaint may not be prosecuted under this paragraph for the same action that
17is the subject of the complaint unless the charges are dismissed or the district
18attorney declines to prosecute the case.
AB393-ASA4,20 19Section 20 . 66.04185 of the statutes is created to read:
AB393-ASA4,11,23 2066.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
21county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
22by a qualifying patient, as defined under s. 73.17 (1) (d), who has no more than 6
23marijuana plants at one time for his or her personal use.
AB393-ASA4,21 24Section 21. 73.17 of the statutes is created to read:
AB393-ASA4,12,2
173.17 Medical marijuana registry program. (1) Definitions. In this
2section:
AB393-ASA4,12,33 (a) “Debilitating medical condition or treatment” means any of the following:
AB393-ASA4,12,94 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
5the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
6inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
7hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
8patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
9treatment of these conditions.
AB393-ASA4,12,1310 2. A chronic or debilitating disease or medical condition or the treatment of
11such a disease or condition that causes cachexia, severe pain, severe nausea,
12seizures, including those characteristic of epilepsy, or severe and persistent muscle
13spasms, including those characteristic of multiple sclerosis.
AB393-ASA4,12,1414 (b) “Department” means the department of revenue.
AB393-ASA4,12,1515 (c) “Physician” means a person licensed under s. 448.04 (1) (a).
AB393-ASA4,12,1716 (d) “Qualifying patient” means a person who has been diagnosed by a physician
17as having or undergoing a debilitating medical condition or treatment.
AB393-ASA4,12,1918 (e) “Tax exemption certificate” means a certificate to claim the exemption under
19s. 77.54 (71).
AB393-ASA4,12,2020 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).
AB393-ASA4,12,2221 (g) “Written certification” means means a statement made by a person's
22physician if all of the following apply:
AB393-ASA4,13,223 1. The statement indicates that, in the physician's professional opinion, the
24person has or is undergoing a debilitating medical condition or treatment and the

1potential benefits of the person's use of usable marijuana would likely outweigh the
2health risks for the person.
AB393-ASA4,13,63 2. The statement indicates that the opinion described in subd. 1. was formed
4after a full assessment of the person's medical history and current medical condition
5that was conducted no more than 6 months prior to making the statement and that
6was made in the course of a bona fide physician-patient relationship.
AB393-ASA4,13,87 3. The statement is signed by the physician or is contained in the person's
8medical records.
AB393-ASA4,13,109 4. The statement contains an expiration date that is no more than 48 months
10after issuance and the statement has not expired.
AB393-ASA4,13,1211 5. If the person has not attained the age of 18 years, the statement is signed
12by the person's parent or guardian.
AB393-ASA4,13,15 13(2) Application. A person who is claiming to be a qualifying patient may apply
14for a registry identification card by submitting to the department a signed
15application form containing or accompanied by all of the following:
AB393-ASA4,13,1616 (a) His or her name, address, and date of birth.
AB393-ASA4,13,1717 (b) A written certification.
AB393-ASA4,13,1918 (c) The name, address, and telephone number of the person's current physician,
19as listed in the written certification.
AB393-ASA4,13,2120 (d) If the person has not attained the age of 18 years, a signature of a parent
21or guardian of the person.
AB393-ASA4,14,2 22(3) Processing the application. The department shall verify the information
23contained in or accompanying an application submitted under sub. (2) and shall
24approve or deny the application within 30 days after receiving it. The department

1may deny an application submitted under sub. (2) only if the required information
2has not been provided or if false information has been provided.
AB393-ASA4,14,10 3(4) Issuing a registry identification card and tax exemption certificate. The
4department shall issue to the applicant a registry identification card and tax
5exemption certificate within 5 days after approving an application under sub. (3).
6Unless voided under sub. (5) (b) or revoked under rules issued by the department
7under sub. (7), a registry identification card and tax exemption certificate shall
8expire 4 years from the date of issuance. A tax exemption certificate shall contain
9the information determined by the department. A registry identification card shall
10contain all of the following:
AB393-ASA4,14,1111 (a) The name, address, and date of birth of the registrant.
AB393-ASA4,14,1212 (b) The date of issuance and expiration date of the registry identification card.
AB393-ASA4,14,1313 (c) A photograph of the registrant.
AB393-ASA4,14,1414 (d) Other information the department may require by rule.
AB393-ASA4,14,19 15(5) Additional information to be provided by registrant. (a) A registrant
16shall notify the department of any change in the registrant's name and address. A
17registrant who is a qualifying patient shall notify the department of any change in
18his or her physician or of any significant improvement in his or her health as it
19relates to his or her debilitating medical condition or treatment.
AB393-ASA4,14,2220 (b) If a registrant fails to notify the department within 10 days after any change
21for which notification is required under par. (a), his or her registry identification card
22and tax exemption certificate is void.
AB393-ASA4,14,23 23(6) Records. (a) The department shall maintain a list of all registrants.
AB393-ASA4,15,3
1(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
2may not disclose information from an application submitted or a registry
3identification card issued under this section.
AB393-ASA4,15,74 (c) The department may disclose to state or local law enforcement agencies
5information from an application submitted by, or from a registry identification card
6issued to, a specific person under this section for the purpose of verifying that the
7person possesses a valid registry identification card.
AB393-ASA4,15,128 (d) No state or local agency may access the list maintained under par. (a) or
9information gathered from the list maintained under par. (a) or inquire about a
10person's status as an applicant or registrant under this section for the purpose of
11approving or disapproving a person from purchasing, owning, possessing, or
12carrying a firearm.
AB393-ASA4,15,13 13(7) Rules. The department shall promulgate rules to implement this section.
AB393-ASA4,22 14Section 22 . 77.54 (71) of the statutes is created to read:
AB393-ASA4,15,1715 77.54 (71) The sales price from the sale of and the storage, use, or other
16consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
17individual who holds a valid certificate issued under s. 73.17 (4).
AB393-ASA4,23 18Section 23 . 94.56 of the statutes is created to read:
AB393-ASA4,15,20 1994.56 Marijuana producers and processors. (1) Definitions. In this
20section:
AB393-ASA4,15,2321 (a) “Labor peace agreement” means an agreement between a person applying
22for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
23that does all of the following:
AB393-ASA4,16,3
11. Prohibits labor organizations and its members from engaging in picketing,
2work stoppages, boycotts, and any other economic interference with persons doing
3business in this state.
AB393-ASA4,16,54 2. Prohibits the applicant from disrupting the efforts of the labor organization
5to communicate with and to organize and represent the applicant's employees.
AB393-ASA4,16,96 3. Provides the labor organization access at reasonable times to areas in which
7the applicant's employees work for the purpose of meeting with employees to discuss
8their right to representation, employment rights under state law, and terms and
9conditions of employment.
AB393-ASA4,16,1010 (b) “Marijuana" has the meaning given in s. 961.70 (2).
AB393-ASA4,16,1111 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB393-ASA4,16,1212 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB393-ASA4,16,1313 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
AB393-ASA4,16,1514 (f) “Permittee” means a marijuana producer or marijuana processor who is
15issued a permit under this section.
AB393-ASA4,16,24 16(2) Permit required. (a) No person may operate in this state as a marijuana
17producer or marijuana processor without a permit from the department. A person
18who acts as a marijuana producer and a marijuana processor shall obtain a separate
19permit for each activity. A permit issued under this section is not transferable from
20one person to another or from one premises to another. A separate permit is required
21for each place in this state where the operations of a marijuana producer or
22marijuana processor occur. A person is not required to obtain a permit under this
23section if the person produces or processes only industrial hemp and holds a valid
24license under s. 94.55.
AB393-ASA4,17,3
1(b) This subsection applies to all officers, directors, agents, and stockholders
2holding 5 percent or more of the stock of any corporation applying for a permit under
3this section.
AB393-ASA4,17,54 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
5not be granted to any person to whom any of the following applies:
AB393-ASA4,17,76 1. The person has been convicted of a violent misdemeanor, as defined in s.
7941.29 (1g) (b), at least 3 times.
AB393-ASA4,17,98 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
9(a), unless pardoned.
AB393-ASA4,17,1110 3. During the preceding 3 years, the person has been committed under s. 51.20
11for being drug dependent.
AB393-ASA4,17,1612 4. The person chronically and habitually uses alcohol beverages or other
13substances to the extent that his or her normal faculties are impaired. A person is
14presumed to chronically and habitually use alcohol beverages or other substances to
15the extent that his or her normal faculties are impaired if, within the preceding 3
16years, any of the following applies:
AB393-ASA4,17,1817 a. The person has been committed for involuntary treatment under s. 51.45
18(13).
AB393-ASA4,17,1919 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB393-ASA4,18,420 c. In 2 or more cases arising out of separate incidents, a court has found the
21person to have committed a violation of s. 346.63 or a local ordinance in conformity
22with that section; a violation of a law of a federally recognized American Indian tribe
23or band in this state in conformity with s. 346.63; or a violation of the law of another
24jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
25intoxicated, while under the influence of a controlled substance, a controlled

1substance analog, or a combination thereof, with an excess or specified range of
2alcohol concentration, or while under the influence of any drug to a degree that
3renders the person incapable of safely driving, as those or substantially similar
4terms are used in that jurisdiction's laws.
AB393-ASA4,18,65 5. The person has income that comes principally from gambling or has been
6convicted of 2 or more gambling offenses.
AB393-ASA4,18,77 6. The person has been convicted of crimes relating to prostitution.
AB393-ASA4,18,98 7. The person has been convicted of crimes relating to loaning money or
9anything of value to persons holding licenses or permits pursuant to ch. 125.
AB393-ASA4,18,1010 8. The person is under the age of 21.
AB393-ASA4,18,1211 9. The person has not been a resident of this state continuously for at least 90
12days prior to the application date.
AB393-ASA4,18,1913 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
14employees may not receive a permit under this section unless the applicant certifies
15to the department that the applicant has entered into a labor peace agreement and
16will abide by the terms of the agreement as a condition of maintaining a valid permit
17under this section. The applicant shall submit to the department a copy of the page
18of the labor peace agreement that contains the signatures of the labor organization
19representative and the applicant.
AB393-ASA4,19,420 (cn) The department shall use a competitive scoring system to determine which
21applicants are eligible to receive a permit under this section. The department shall
22issue permits to the highest scoring applicants that it determines will best protect
23the environment; provide stable, family-supporting jobs to local residents; ensure
24worker and consumer safety; operate secure facilities; and uphold the laws of the
25jurisdictions in which they operate. The department may deny a permit to an

1applicant with a low score as determined under this paragraph. The department
2may request that the applicant provide any information or documentation that the
3department deems necessary for purposes of making a determination under this
4paragraph.
AB393-ASA4,19,115 (d) 1. Before the department issues a new or renewed permit under this section,
6the department shall give notice of the permit application to the governing body of
7the municipality where the permit applicant intends to operate the premises of a
8marijuana producer or marijuana processor. No later than 30 days after the
9department submits the notice, the governing body of the municipality may file with
10the department a written objection to granting or renewing the permit. At the
11municipality's request, the department may extend the period for filing objections.
AB393-ASA4,19,2512 2. A written objection filed under subd. 1. shall provide all the facts on which
13the objection is based. In determining whether to grant or deny a permit for which
14an objection has been filed under this paragraph, the department shall give
15substantial weight to objections from a municipality based on chronic illegal activity
16associated with the premises for which the applicant seeks a permit or the premises
17of any other operation in this state for which the applicant holds or has held a valid
18permit or license, the conduct of the applicant's patrons inside or outside the
19premises of any other operation in this state for which the applicant holds or has held
20a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
21illegal activity" means a pervasive pattern of activity that threatens the public
22health, safety, and welfare of the municipality, including any crime or ordinance
23violation, and that is documented in crime statistics, police reports, emergency
24medical response data, calls for service, field data, or similar law enforcement agency
25records.
AB393-ASA4,20,5
1(e) After denying a permit, the department shall immediately notify the
2applicant in writing of the denial and the reasons for the denial. After making a
3decision to grant or deny a permit for which a municipality has filed an objection
4under par. (d), the department shall immediately notify the governing body of the
5municipality in writing of its decision and the reasons for the decision.
AB393-ASA4,20,76 (f) 1. The department's denial of a permit under this section is subject to judicial
7review under ch. 227.
AB393-ASA4,20,98 2. The department's decision to grant a permit under this section regardless of
9an objection filed under par. (d) is subject to judicial review under ch. 227.
AB393-ASA4,20,1110 (g) The department may not issue a permit under this section to any person who
11does not hold a valid certificate under s. 73.03 (50).
AB393-ASA4,20,17 12(3) Fees; term. (a) Each person who applies for a permit under this section
13shall submit with the application a $250 fee. A permit issued under this section is
14valid for one year and may be renewed, except that the department may revoke or
15suspend a permit prior to its expiration. A person is not entitled to a refund of the
16fees paid under this subsection if the person's permit is denied, revoked, or
17suspended.
AB393-ASA4,20,2118 (b) A permittee shall annually pay to the department a fee for as long as the
19person holds a valid permit under this section. The annual fee for a marijuana
20processor permittee is $2,000. The annual fee for a marijuana producer permittee
21is one of the following, unless the department, by rule, establishes a higher amount:
AB393-ASA4,20,2322 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
23marijuana plants, $1,800.
AB393-ASA4,20,2524 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
25not more than 3,600 marijuana plants, $2,900.
AB393-ASA4,21,2
13. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
2not more than 6,000 marijuana plants, $3,600.
AB393-ASA4,21,43 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
4not more than 10,200 marijuana plants, $5,100.
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