Amendment ASA4-AB393

AB393-ASA4,7,8 20.115 (7) (ge) Marijuana producers and processors. All moneys received under s. 94.56 for regulation of activities relating to marijuana under s. 94.56 and for conducting public awareness campaigns under s. 94.56.

AB393-ASA4,5 Section 5 . 20.192 (1) (t) of the statutes is created to read:

AB393-ASA4,7,12 20.192 (1) (t) Underserved community grants. From the community reinvestment fund, the amounts in the schedule for the purpose of providing underserved community grants under s. 238.139.

AB393-ASA4,6 Section 6 . 20.255 (2) (r) of the statutes is created to read:

AB393-ASA4,7,16 20.255 (2) (r) Sparsity aid; community reinvestment fund supplement. From the community reinvestment fund, the amounts in the schedule for sparsity aid to school districts under s. 115.436.

AB393-ASA4,7 Section 7. 20.395 (5) (db) of the statutes is created to read:

AB393-ASA4,8,4 20.395 (5) (db) Drug evaluation and classification program. From the general fund, the amounts in the schedule for the drug evaluation and classification program.

AB393-ASA4,8 Section 8 . 20.435 (1) (s) of the statutes is created to read:

AB393-ASA4,8,7 20.435 (1) (s) Health equity grants. From the community reinvestment fund, the amounts in the schedule for health equity grants under s. 250.22.

AB393-ASA4,9 Section 9. 20.437 (3) (r) of the statutes is created to read:

AB393-ASA4,8,11 20.437 (3) (r) Diversity, equity, and inclusion grants; community reinvestment fund supplement. From the community reinvestment fund, the amounts in the schedule for diversity, equity, and inclusion grants under s. 48.47 (20).

AB393-ASA4,10 Section 10 . 20.505 (1) (t) of the statutes is created to read:

AB393-ASA4,8,16 20.505 (1) (t) Equity grants; community reinvestment fund. From the community reinvestment fund, the amounts in the schedule for the purpose of providing grants to promote diversity and advance equity and inclusion under s. 16.282.

AB393-ASA4,11 Section 11 . 20.566 (1) (bn) of the statutes is created to read:

AB393-ASA4,8,22 20.566 (1) (bn) Administration and enforcement of marijuana tax and regulation. The amounts in the schedule for the purposes of administering the marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in enforcing the taxing and regulation of marijuana producers, marijuana processors, marijuana retailers, and operators of marijuana lounges under subch. IV of ch. 139.

AB393-ASA4,12 Section 12. 20.835 (2) (eq) of the statutes is created to read:

AB393-ASA4,8,25 20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under subchapter IV of chapter 139.

AB393-ASA4,13 Section 13. 25.316 of the statutes is created to read:

AB393-ASA4,9,5 25.316 Community reinvestment fund. There is established a separate nonlapsible trust fund, designated the community reinvestment fund consisting of 60 percent of all moneys received under subch. IV of ch. 139, including interest and penalties.

AB393-ASA4,14 Section 14. 48.47 (20) of the statutes is created to read:

AB393-ASA4,9,9 48.47 (20) Diversity, equity, and inclusion grants. From the appropriation account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities that promote diversity and advance equity and inclusion.

AB393-ASA4,15 Section 15 . 49.148 (4) (a) of the statutes is amended to read:

AB393-ASA4,9,24 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. A Wisconsin Works agency may not require, under this subsection, a qualifying patient, as defined in s. 73.17 (1) (d), to submit to a test for use of tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB393-ASA4,16 Section 16. 49.79 (5) (a) of the statutes is amended to read:

AB393-ASA4,10,22 49.79 (5) (a) The department shall require an applicant for, or recipient under, the food stamp program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household. The department may not require, under this subsection, a qualifying patient, as defined in s. 73.17 (1) (d), to submit to a test for use of tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB393-ASA4,17 Section 17 . 59.54 (25) (title) of the statutes is amended to read:

AB393-ASA4,10,24 59.54 (25) (title) Possession Regulation of marijuana.

AB393-ASA4,18 Section 18 . 59.54 (25) (a) (intro.) of the statutes is amended to read:

AB393-ASA4,11,8 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; 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, 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:

AB393-ASA4,19 Section 19 . 66.0107 (1) (bm) of the statutes is amended to read:

AB393-ASA4,11,18 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; 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, 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.

AB393-ASA4,20 Section 20 . 66.04185 of the statutes is created to read:

AB393-ASA4,11,23 66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is by a qualifying patient, as defined under s. 73.17 (1) (d), who has no more than 6 marijuana plants at one time for his or her personal use.

AB393-ASA4,21 Section 21. 73.17 of the statutes is created to read:

AB393-ASA4,12,2 73.17 Medical marijuana registry program. (1) Definitions. In this section:

AB393-ASA4,12,3 (a) “Debilitating medical condition or treatment” means any of the following:

AB393-ASA4,12,9 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.

AB393-ASA4,12,13 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.

AB393-ASA4,12,14 (b) “Department” means the department of revenue.

AB393-ASA4,12,15 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

AB393-ASA4,12,17 (d) “Qualifying patient” means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment.

AB393-ASA4,12,19 (e) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (71).

AB393-ASA4,12,20 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).

AB393-ASA4,12,22 (g) “Written certification” means means a statement made by a person's physician if all of the following apply:

AB393-ASA4,13,2 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.

AB393-ASA4,13,6 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.

AB393-ASA4,13,8 3. The statement is signed by the physician or is contained in the person's medical records.

AB393-ASA4,13,10 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

AB393-ASA4,13,12 5. If the person has not attained the age of 18 years, the statement is signed by the person's parent or guardian.

AB393-ASA4,13,15 (2) Application. A person 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:

AB393-ASA4,13,16 (a) His or her name, address, and date of birth.

AB393-ASA4,13,17 (b) A written certification.

AB393-ASA4,13,19 (c) The name, address, and telephone number of the person's current physician, as listed in the written certification.

AB393-ASA4,13,21 (d) If the person has not attained the age of 18 years, a signature of a parent or guardian of the person.

AB393-ASA4,14,2 (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.

AB393-ASA4,14,10 (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:

AB393-ASA4,14,11 (a) The name, address, and date of birth of the registrant.

AB393-ASA4,14,12 (b) The date of issuance and expiration date of the registry identification card.

AB393-ASA4,14,13 (c) A photograph of the registrant.

AB393-ASA4,14,14 (d) Other information the department may require by rule.

AB393-ASA4,14,19 (5) Additional information to be provided by registrant. (a) A registrant shall notify the department of any change in the registrant's name and address. A 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.

AB393-ASA4,14,22 (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.

AB393-ASA4,14,23 (6) Records. (a) The department shall maintain a list of all registrants.

AB393-ASA4,15,3 (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.

AB393-ASA4,15,7 (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.

AB393-ASA4,15,12 (d) No state or local agency may access the list maintained under par. (a) or information gathered from the list maintained under par. (a) or inquire about a person's status as an applicant or registrant under this section for the purpose of approving or disapproving a person from purchasing, owning, possessing, or carrying a firearm.

AB393-ASA4,15,13 (7) Rules. The department shall promulgate rules to implement this section.

AB393-ASA4,22 Section 22 . 77.54 (71) of the statutes is created to read:

AB393-ASA4,15,17 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).

AB393-ASA4,23 Section 23 . 94.56 of the statutes is created to read:

AB393-ASA4,15,20 94.56 Marijuana producers and processors. (1) Definitions. In this section:

AB393-ASA4,15,23 (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:

AB393-ASA4,16,3 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.

AB393-ASA4,16,5 2. Prohibits the applicant from disrupting the efforts of the labor organization to communicate with and to organize and represent the applicant's employees.

AB393-ASA4,16,9 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.

AB393-ASA4,16,10 (b) “Marijuana" has the meaning given in s. 961.70 (2).

AB393-ASA4,16,11 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).

AB393-ASA4,16,12 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).

AB393-ASA4,16,13 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).

AB393-ASA4,16,15 (f) “Permittee” means a marijuana producer or marijuana processor who is issued a permit under this section.

AB393-ASA4,16,24 (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 permit issued under this section is not transferable from one person to another or from one premises to another. A separate permit is required for each place in this state where the operations of a marijuana producer or marijuana processor occur. 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.

AB393-ASA4,17,3 (b) This subsection applies to all officers, directors, agents, and stockholders holding 5 percent or more of the stock of any corporation applying for a permit under this section.

AB393-ASA4,17,5 (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:

AB393-ASA4,17,7 1. The person has been convicted of a violent misdemeanor, as defined in s. 941.29 (1g) (b), at least 3 times.

AB393-ASA4,17,9 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g) (a), unless pardoned.

AB393-ASA4,17,11 3. During the preceding 3 years, the person has been committed under s. 51.20 for being drug dependent.

AB393-ASA4,17,16 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:

AB393-ASA4,17,18 a. The person has been committed for involuntary treatment under s. 51.45 (13).

AB393-ASA4,17,19 b. The person has been convicted of a violation of s. 941.20 (1) (b).