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21Section 16
. 59.54 (25) (a) (intro.) of the statutes is amended to read:
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59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
23the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
24s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
25is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
1an allegation of possession of more than 25 grams of marijuana, or possession of any
2amount of marijuana following a conviction in this state for possession of marijuana 3alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
4may not be prosecuted under this subsection for the same action that is the subject
5of the complaint unless all of the following occur:
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6Section 17
. 66.0107 (1) (bm) of the statutes is amended to read:
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66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
8marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
9(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
10with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
11of possession of more than 25 grams of marijuana, or possession of any amount of
12marijuana following a conviction in this state for possession of marijuana alleging
13a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not
14be prosecuted under this paragraph for the same action that is the subject of the
15complaint unless the charges are dismissed or the district attorney declines to
16prosecute the case.
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17Section 18
. 66.04185 of the statutes is created to read:
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1866.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
19county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
20by an individual who has no more than 6 marijuana plants at one time for his or her
21personal use.
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22Section
19. 73.17 of the statutes is created to read:
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2373.17 Medical marijuana registry program. (1) Definitions. In this
24section:
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(a) “Debilitating medical condition or treatment” means any of the following:
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11. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
2the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
3inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
4hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
5patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
6treatment of these conditions.
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2. A chronic or debilitating disease or medical condition or the treatment of
8such a disease or condition that causes cachexia, severe pain, severe nausea,
9seizures, including those characteristic of epilepsy, or severe and persistent muscle
10spasms, including those characteristic of multiple sclerosis.
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(b) “Department” means the department of revenue.
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(c) “Physician” means a person licensed under s. 448.04 (1) (a).
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(d) “Qualifying patient” means a person who has been diagnosed by a physician
14as having or undergoing a debilitating medical condition or treatment but does not
15include a person under the age of 18 years
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(e) “Tax exemption certificate” means a certificate to claim the exemption under
17s. 77.54 (71).
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(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
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(g) “Written certification” means means a statement made by a person's
20physician if all of the following apply:
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1. The statement indicates that, in the physician's professional opinion, the
22person has or is undergoing a debilitating medical condition or treatment and the
23potential benefits of the person's use of usable marijuana would likely outweigh the
24health risks for the person.
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12. The statement indicates that the opinion described in subd. 1. was formed
2after a full assessment of the person's medical history and current medical condition
3that was conducted no more than 6 months prior to making the statement and that
4was made in the course of a bona fide physician-patient relationship
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3. The statement is signed by the physician or is contained in the person's
6medical records.
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4. The statement contains an expiration date that is no more than 48 months
8after issuance and the statement has not expired.
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9(2) Application. An adult who is claiming to be a qualifying patient may apply
10for a registry identification card by submitting to the department a signed
11application form containing or accompanied by all of the following:
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(a) His or her name, address, and date of birth.
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(b) A written certification.
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(c) The name, address, and telephone number of the person's current physician,
15as listed in the written certification.
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16(3) Processing the application. The department shall verify the information
17contained in or accompanying an application submitted under sub. (2) and shall
18approve or deny the application within 30 days after receiving it. The department
19may deny an application submitted under sub. (2) only if the required information
20has not been provided or if false information has been provided.
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21(4) Issuing a registry identification card and tax exemption certificate. The
22department shall issue to the applicant a registry identification card and tax
23exemption certificate within 5 days after approving an application under sub. (3).
24Unless voided under sub. (5) (b) or revoked under rules issued by the department
25under sub. (7), a registry identification card and tax exemption certificate shall
1expire 4 years from the date of issuance. A tax exemption certificate shall contain
2the information determined by the department. A registry identification card shall
3contain all of the following:
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(a) The name, address, and date of birth of the registrant.
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(b) The date of issuance and expiration date of the registry identification card.