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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-SA21,1,1
1At the locations indicated, amend the substitute amendment as follows:
SB45-SSA2-SA21,1,221. At the appropriate places, insert all of the following:
SB45-SSA2-SA21,1,33Section 1. 20.115 (7) (gc) of the statutes is amended to read:
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-SA21,27Section 2. 20.115 (7) (ge) of the statutes is created to read:
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-SA21,3
1Section 3. 20.566 (1) (bn) of the statutes is created to read:
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-SA21,47Section 4. 20.835 (2) (eq) of the statutes is created to read:
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-SA21,510Section 5. 49.148 (4) (a) of the statutes is amended to read:
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 participants 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-SA21,64Section 6. 49.79 (1) (b) of the statutes is amended to read:
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-SA21,109Section 10. 66.04185 of the statutes is created to read:
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-SA21,1114Section 11. 73.17 of the statutes is created to read:
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 Crohns disease; a
21hepatitis C virus infection; Alzheimers 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 persons
16physician if all of the following apply:
SB45-SSA2-SA21,5,20171. The statement indicates that, in the physicians professional opinion, the
18person has or is undergoing a debilitating medical condition or treatment and the
19potential benefits of the persons 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 persons 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 persons
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 persons 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 persons 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 registrants 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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