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2023 - 2024 LEGISLATURE
SENATE AMENDMENT 10,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 70
June 28, 2023 - Offered by Senators
Agard, Carpenter, Hesselbein, L. Johnson,
Larson, Pfaff, Roys, Smith, Spreitzer, Taylor and Wirch.
SB70-SSA2-SA10,1,4
3“
Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
4insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs-preview.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB70-SSA2-SA10,2
1Section
2. 20.115 (7) (gc) of the statutes is amended to read:
SB70-SSA2-SA10,2,42
20.115
(7) (gc)
Industrial hemp
and marijuana. All moneys received under s.
394.55 for regulation of activities relating to industrial hemp under s. 94.55
and to
4marijuana under s. 94.56.
SB70-SSA2-SA10,3
5Section
3. 20.115 (7) (ge) of the statutes is created to read:
SB70-SSA2-SA10,2,96
20.115
(7) (ge)
Marijuana producers and processors; official logotype. All
7moneys received under s. 94.56 for regulation of activities relating to marijuana
8under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
9the creation of a logotype under s. 100.145.
SB70-SSA2-SA10,4
10Section
4. 20.435 (5) (q) of the statutes is created to read:
SB70-SSA2-SA10,2,1211
20.435
(5) (q)
Payments to counties. From the community reinvestment fund,
12all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.
SB70-SSA2-SA10,5
1Section
5. 20.566 (1) (bn) of the statutes is created to read:
SB70-SSA2-SA10,3,62
20.566
(1) (bn)
Administration and enforcement of marijuana tax and
3regulation. The amounts in the schedule for the purposes of administering the
4marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
5enforcing the taxing and regulation of marijuana producers, marijuana processors,
6and marijuana retailers under subch. IV of ch. 139.
SB70-SSA2-SA10,6
7Section
6. 20.835 (2) (eq) of the statutes is created to read:
SB70-SSA2-SA10,3,98
20.835
(2) (eq)
Marijuana tax refunds. A sum sufficient to pay refunds under
9subch. IV of ch. 139.
SB70-SSA2-SA10,3,13
1125.316 Community reinvestment fund. There is established a separate
12nonlapsible trust fund, designated the community reinvestment fund consisting of
13all moneys received under subch. IV of ch. 139, including interest and penalties.
SB70-SSA2-SA10,8
14Section
8. 49.148 (4) (a) of the statutes is amended to read:
SB70-SSA2-SA10,4,415
49.148
(4) (a) A Wisconsin
works
Works agency shall require a participant in
16a community service job or transitional placement who, after August 22, 1996, was
17convicted in any state or federal court of a felony that had as an element possession,
18use or distribution of a controlled substance to submit to a test for use of a controlled
19substance as a condition of continued eligibility. If the test results are positive, the
20Wisconsin
works Works agency shall decrease the presanction benefit amount for
21that participant by not more than 15 percent for not fewer than 12 months, or for the
22remainder of the participant's period of participation in a community service job or
23transitional placement, if less than 12 months. If, at the end of 12 months, the
24individual is still a participant in a community service job or transitional placement
25and submits to another test for use of a controlled substance and if the results of the
1test are negative, the Wisconsin
works
Works agency shall discontinue the reduction
2under this paragraph.
In this subsection, “controlled substance” does not include
3tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
4marijuana, obtained from marijuana, or chemically synthesized.
SB70-SSA2-SA10,4,96
49.79
(1) (b) “Controlled substance" has the meaning given in
21 USC 802 (6)
,
7except that “controlled substance” does not include tetrahydrocannabinols in any
8form, including tetrahydrocannabinols contained in marijuana, obtained from
9marijuana, or chemically synthesized.
SB70-SSA2-SA10,10
10Section
10. 59.54 (25) (title) of the statutes is amended to read:
SB70-SSA2-SA10,4,1111
59.54
(25) (title)
Possession Regulation of marijuana.
SB70-SSA2-SA10,11
12Section
11. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA10,4,2113
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
14the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
15s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
16is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
17an allegation of possession of more than 25 grams of marijuana, or possession of any
18amount of marijuana following a conviction in this state for possession of marijuana 19alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
20not be prosecuted under this subsection for the same action that is the subject of the
21complaint unless all of the following occur:
SB70-SSA2-SA10,5,723
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
24marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
25(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
1with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
2of possession of more than 25 grams of marijuana, or possession of any amount of
3marijuana following a conviction in this state for possession of marijuana alleging
4a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be
5prosecuted under this paragraph for the same action that is the subject of the
6complaint unless the charges are dismissed or the district attorney declines to
7prosecute the case.
SB70-SSA2-SA10,5,12
966.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
10county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
11by an individual who has no more than 6 marijuana plants at one time for his or her
12personal use.
SB70-SSA2-SA10,5,15
1473.17 Medical marijuana registry program. (1) Definitions. In this
15section:
SB70-SSA2-SA10,5,1616
(a) “Debilitating medical condition or treatment” means any of the following:
SB70-SSA2-SA10,5,2217
1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
18the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
19inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
20hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
21patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
22treatment of these conditions.
SB70-SSA2-SA10,6,223
2. A chronic or debilitating disease or medical condition or the treatment of
24such a disease or condition that causes cachexia, severe pain, severe nausea,
1seizures, including those characteristic of epilepsy, or severe and persistent muscle
2spasms, including those characteristic of multiple sclerosis.
SB70-SSA2-SA10,6,33
(b) “Department” means the department of revenue.
SB70-SSA2-SA10,6,44
(c) “Physician” means a person licensed under s. 448.04 (1) (a).
SB70-SSA2-SA10,6,75
(d) “Qualifying patient” means a person who has been diagnosed by a physician
6as having or undergoing a debilitating medical condition or treatment but does not
7include a person under the age of 18 years.
SB70-SSA2-SA10,6,98
(e) “Tax exemption certificate” means a certificate to claim the exemption under
9s. 77.54 (71).
SB70-SSA2-SA10,6,1010
(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-SSA2-SA10,6,1211
(g) “Written certification” means means a statement made by a person's
12physician if all of the following apply:
SB70-SSA2-SA10,6,1613
1. The statement indicates that, in the physician's professional opinion, the
14person has or is undergoing a debilitating medical condition or treatment and the
15potential benefits of the person's use of usable marijuana would likely outweigh the
16health risks for the person.
SB70-SSA2-SA10,6,2017
2. The statement indicates that the opinion described in subd. 1. was formed
18after a full assessment of the person's medical history and current medical condition
19that was conducted no more than 6 months prior to making the statement and that
20was made in the course of a bona fide physician-patient relationship.
SB70-SSA2-SA10,6,2221
3. The statement is signed by the physician or is contained in the person's
22medical records.
SB70-SSA2-SA10,6,2423
4. The statement contains an expiration date that is no more than 48 months
24after issuance and the statement has not expired.
SB70-SSA2-SA10,7,3
1(2) Application. An adult who is claiming to be a qualifying patient may apply
2for a registry identification card by submitting to the department a signed
3application form containing or accompanied by all of the following:
SB70-SSA2-SA10,7,44
(a) His or her name, address, and date of birth.
SB70-SSA2-SA10,7,55
(b) A written certification.
SB70-SSA2-SA10,7,76
(c) The name, address, and telephone number of the person's current physician,
7as listed in the written certification.
SB70-SSA2-SA10,7,12
8(3) Processing the application. The department shall verify the information
9contained in or accompanying an application submitted under sub. (2) and shall
10approve or deny the application within 30 days after receiving it. The department
11may deny an application submitted under sub. (2) only if the required information
12has not been provided or if false information has been provided.
SB70-SSA2-SA10,7,20
13(4) Issuing a registry identification card and tax exemption certificate. The
14department shall issue to the applicant a registry identification card and tax
15exemption certificate within 5 days after approving an application under sub. (3).
16Unless voided under sub. (5) (b) or revoked under rules issued by the department
17under sub. (7), a registry identification card and tax exemption certificate shall
18expire 4 years from the date of issuance. A tax exemption certificate shall contain
19the information determined by the department. A registry identification card shall
20contain all of the following:
SB70-SSA2-SA10,7,2121
(a) The name, address, and date of birth of the registrant.
SB70-SSA2-SA10,7,2222
(b) The date of issuance and expiration date of the registry identification card.
SB70-SSA2-SA10,7,2323
(c) A photograph of the registrant.
SB70-SSA2-SA10,7,2424
(d) Other information the department may require by rule.
SB70-SSA2-SA10,8,5
1(5) Additional information to be provided by registrant. (a) A registrant
2shall notify the department of any change in the registrant's name and address. A
3registrant who is a qualifying patient shall notify the department of any change in
4his or her physician or of any significant improvement in his or her health as it
5relates to his or her debilitating medical condition or treatment.
SB70-SSA2-SA10,8,86
(b) If a registrant fails to notify the department within 10 days after any change
7for which notification is required under par. (a), his or her registry identification card
8and tax exemption certificate is void.
SB70-SSA2-SA10,8,9
9(6) Records. (a) The department shall maintain a list of all registrants.
SB70-SSA2-SA10,8,1210
(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
11may not disclose information from an application submitted or a registry
12identification card issued under this section.
SB70-SSA2-SA10,8,1613
(c) The department may disclose to state or local law enforcement agencies
14information from an application submitted by, or from a registry identification card
15issued to, a specific person under this section for the purpose of verifying that the
16person possesses a valid registry identification card.
SB70-SSA2-SA10,8,17
17(7) Rules. The department shall promulgate rules to implement this section.
SB70-SSA2-SA10,8,2119
77.54
(71) The sales price from the sale of and the storage, use, or other
20consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
21individual who holds a valid certificate issued under s. 73.17 (4).
SB70-SSA2-SA10,8,25
2494.56 Marijuana producers and processors. (1) Definitions. In this
25section:
SB70-SSA2-SA10,9,3
1(a) “Labor peace agreement” means an agreement between a person applying
2for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
3that does all of the following:
SB70-SSA2-SA10,9,64
1. Prohibits labor organizations and its members from engaging in picketing,
5work stoppages, boycotts, and any other economic interference with persons doing
6business in this state.
SB70-SSA2-SA10,9,87
2. Prohibits the applicant from disrupting the efforts of the labor organization
8to communicate with and to organize and represent the applicant's employees.
SB70-SSA2-SA10,9,129
3. Provides the labor organization access at reasonable times to areas in which
10the applicant's employees work for the purpose of meeting with employees to discuss
11their right to representation, employment rights under state law, and terms and
12conditions of employment.
SB70-SSA2-SA10,9,1313
(b) “Marijuana" has the meaning given in s. 961.70 (2).
SB70-SSA2-SA10,9,1414
(c) “Marijuana processor" has the meaning given in s. 139.97 (6).
SB70-SSA2-SA10,9,1515
(d) “Marijuana producer” has the meaning given in s. 139.97 (7).
SB70-SSA2-SA10,9,1616
(e) “Usable marijuana” has the meaning given in s. 139.97 (13).
SB70-SSA2-SA10,9,1817
(f) “Permittee” means a marijuana producer or marijuana processor who is
18issued a permit under this section.
SB70-SSA2-SA10,9,25
19(2) Permit required. (a) No person may operate in this state as a marijuana
20producer or marijuana processor without a permit from the department. A person
21who acts as a marijuana producer and a marijuana processor shall obtain a separate
22permit for each activity. A permit issued under this section is not transferable from
23one person to another or from one premises to another. A separate permit is required
24for each place in this state where the operations of a marijuana producer or
25marijuana processor occur. A person is not required to obtain a permit under this
1section if the person produces or processes only industrial hemp and holds a valid
2license under s. 94.55.
SB70-SSA2-SA10,10,53
(b) This subsection applies to all officers, directors, agents, and stockholders
4holding 5 percent or more of the stock of any corporation applying for a permit under
5this section.
SB70-SSA2-SA10,10,76
(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
7not be granted to any person to whom any of the following applies: