2025 - 2026 LEGISLATURE
LRBb0604/1
MCP:klm
SENATE AMENDMENT 21,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 45
July 2, 2025 - Offered by Senators Hesselbein, Smith, Spreitzer, Drake, Roys, L. Johnson, Carpenter, Dassler-Alfheim, Habush Sinykin, Keyeski, Larson, Pfaff, Ratcliff and Wall.
SB45-SSA2-SA21,1,6420.115 (7) (gc) Industrial hemp and marijuana. All moneys received under s. 594.55 for regulation of activities relating to industrial hemp under s. 94.55 and to 6marijuana under s. 94.56. SB45-SSA2-SA21,1,11820.115 (7) (ge) Marijuana producers and processors; official logotype. All 9moneys received under s. 94.56 for regulation of activities relating to marijuana 10under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for 11the creation of a logotype under s. 100.145. SB45-SSA2-SA21,2,6220.566 (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. SB45-SSA2-SA21,2,9820.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under 9subch. IV of ch. 139. SB45-SSA2-SA21,3,31149.148 (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 15controlled substance as a condition of continued eligibility. If the test results are 16positive, the Wisconsin works Works agency shall decrease the presanction benefit 17amount for that participant by not more than 15 percent for not fewer than 12 18months, or for the remainder of the participant’s period of participation in a 19community service job or transitional placement, if less than 12 months. If, at the 20end of 12 months, the individual is still a participant in a community service job or 21transitional placement and submits to another test for use of a controlled substance 22and if the results of the test are negative, the Wisconsin works Works agency shall 23discontinue the reduction under this paragraph. In this subsection, “controlled
1substance” does not include tetrahydrocannabinols in any form, including 2tetrahydrocannabinols contained in marijuana, obtained from marijuana, or 3chemically synthesized. SB45-SSA2-SA21,3,8549.79 (1) (b) “Controlled substance” has the meaning given in 21 USC 802 (6), 6except that “controlled substance” does not include tetrahydrocannabinols in any 7form, including tetrahydrocannabinols contained in marijuana, obtained from 8marijuana, or chemically synthesized. SB45-SSA2-SA21,79Section 7. 59.54 (25) (title) of the statutes is amended to read: SB45-SSA2-SA21,3,101059.54 (25) (title) Possession Regulation of marijuana. SB45-SSA2-SA21,811Section 8. 59.54 (25) (a) (intro.) of the statutes is amended to read: SB45-SSA2-SA21,3,201259.54 (25) (a) (intro.) The board may enact and enforce an ordinance to 13prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the 14exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the 15ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is 16issued regarding an allegation of possession of more than 25 grams of marijuana, or 17possession of any amount of marijuana following a conviction in this state for 18possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the 19subject of the complaint may not be prosecuted under this subsection for the same 20action that is the subject of the complaint unless all of the following occur: SB45-SSA2-SA21,921Section 9. 66.0107 (1) (bm) of the statutes is amended to read: SB45-SSA2-SA21,4,82266.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of 23marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
1(intro.), and provide a forfeiture for a violation of the ordinance that is consistent 2with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation 3of possession of more than 25 grams of marijuana, or possession of any amount of 4marijuana following a conviction in this state for possession of marijuana alleging a 5violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be 6prosecuted under this paragraph for the same action that is the subject of the 7complaint unless the charges are dismissed or the district attorney declines to 8prosecute the case. SB45-SSA2-SA21,4,131066.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or 11county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is 12by an individual who has no more than 6 marijuana plants at one time for their 13personal use. SB45-SSA2-SA21,4,161573.17 Medical marijuana registry program. (1) Definitions. In this 16section: SB45-SSA2-SA21,4,1717(a) “Debilitating medical condition or treatment” means any of the following: SB45-SSA2-SA21,4,23181. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for 19the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to 20HIV; inflammatory bowel disease, including ulcerative colitis or Crohn’s disease; a 21hepatitis C virus infection; Alzheimer’s disease; amyotrophic lateral sclerosis; nail 22patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the 23treatment of these conditions. SB45-SSA2-SA21,5,4
12. A chronic or debilitating disease or medical condition or the treatment of 2such a disease or condition that causes cachexia, severe pain, severe nausea, 3seizures, including those characteristic of epilepsy, or severe and persistent muscle 4spasms, including those characteristic of multiple sclerosis. SB45-SSA2-SA21,5,55(b) “Department” means the department of revenue. SB45-SSA2-SA21,5,66(c) “Physician” means a person licensed under s. 448.04 (1) (a). SB45-SSA2-SA21,5,97(d) “Qualifying patient” means a person who has been diagnosed by a 8physician as having or undergoing a debilitating medical condition or treatment but 9does not include a person under the age of 18 years. SB45-SSA2-SA21,5,1110(e) “Registrant” means a person who holds a registry identification card 11issued in sub. (4). SB45-SSA2-SA21,5,1312(f) “Tax exemption certificate” means a certificate to claim the exemption 13under s. 77.54 (75). SB45-SSA2-SA21,5,1414(g) “Usable marijuana” has the meaning given in s. 139.97 (13). SB45-SSA2-SA21,5,1615(h) “Written certification” means means a statement made by a person’s 16physician if all of the following apply: SB45-SSA2-SA21,5,20171. The statement indicates that, in the physician’s professional opinion, the 18person has or is undergoing a debilitating medical condition or treatment and the 19potential benefits of the person’s use of usable marijuana would likely outweigh the 20health risks for the person. SB45-SSA2-SA21,6,2212. The statement indicates that the opinion described in subd. 1. was formed 22after a full assessment of the person’s medical history and current medical
1condition that was conducted no more than 6 months prior to making the statement 2and that was made in the course of a bona fide physician-patient relationship. SB45-SSA2-SA21,6,433. The statement is signed by the physician or is contained in the person’s 4medical records. SB45-SSA2-SA21,6,654. The statement contains an expiration date that is no more than 48 months 6after issuance and the statement has not expired. SB45-SSA2-SA21,6,97(2) Application. An adult who is claiming to be a qualifying patient may 8apply for a registry identification card by submitting to the department a signed 9application form containing or accompanied by all of the following: SB45-SSA2-SA21,6,1010(a) The person’s name, address, and date of birth. SB45-SSA2-SA21,6,1111(b) A written certification. SB45-SSA2-SA21,6,1312(c) The name, address, and telephone number of the person’s current 13physician, as listed in the written certification. SB45-SSA2-SA21,6,1814(3) Processing the application. The department shall verify the 15information contained in or accompanying an application submitted under sub. (2) 16and shall approve or deny the application within 30 days after receiving it. The 17department may deny an application submitted under sub. (2) only if the required 18information has not been provided or if false information has been provided. SB45-SSA2-SA21,7,319(4) Issuing a registry identification card and tax exemption 20certificate. The department shall issue to the applicant a registry identification 21card and tax exemption certificate within 5 days after approving an application 22under sub. (3). Unless voided under sub. (5) (b) or revoked under rules issued by the 23department under sub. (7), a registry identification card and tax exemption
1certificate shall expire 4 years from the date of issuance. A tax exemption 2certificate shall contain the required information, as determined by the department 3by rule. A registry identification card shall contain all of the following: SB45-SSA2-SA21,7,44(a) The name, address, and date of birth of the registrant. SB45-SSA2-SA21,7,55(b) The date of issuance and expiration date of the registry identification card. SB45-SSA2-SA21,7,66(c) A photograph of the registrant. SB45-SSA2-SA21,7,77(d) Other information the department may require by rule. SB45-SSA2-SA21,7,128(5) Additional information to be provided by registrant. (a) A 9registrant shall notify the department of any change in the registrant’s name and 10address. Each registrant shall notify the department of any change in their 11physician or of any significant improvement in their health as it relates to their 12debilitating medical condition or treatment. SB45-SSA2-SA21,7,1513(b) If a registrant fails to notify the department within 10 days after any 14change for which notification is required under par. (a), their registry identification 15card and tax exemption certificate is void. SB45-SSA2-SA21,7,1616(6) Records. (a) The department shall maintain a list of all registrants. SB45-SSA2-SA21,7,1917(b) Notwithstanding s. 19.35 and except as provided in par. (c), the 18department may not disclose information from an application submitted or a 19registry identification card issued under this section.
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