SB70-AA3,161
3Section
161. 49.471 (6) (b) of the statutes is amended to read:
SB70-AA3,144,84
49.471
(6) (b) A pregnant woman who is determined to be eligible for benefits
5under sub. (4) remains eligible for benefits under sub. (4) for the balance of the
6pregnancy and to the last day of the month in which the 60th day or, if approved by
7the federal government, the
90th 365th day after the last day of the pregnancy falls
8without regard to any change in the woman's family income.
SB70-AA3,162
9Section
162. 49.471 (7) (b) 1. of the statutes is amended to read:
SB70-AA3,144,2010
49.471
(7) (b) 1. A pregnant woman whose family income exceeds 300 percent
11of the poverty line may become eligible for coverage under this section if the
12difference between the pregnant woman's family income and the applicable income
13limit under sub. (4) (a) is obligated or expended for any member of the pregnant
14woman's family for medical care or any other type of remedial care recognized under
15state law or for personal health insurance premiums or for both. Eligibility obtained
16under this subdivision continues without regard to any change in family income for
17the balance of the pregnancy and to the last day of the month in which the 60th day
18or, if approved by the federal government, the
90th
365th day after the last day of the
19woman's pregnancy falls. Eligibility obtained by a pregnant woman under this
20subdivision extends to all pregnant women in the pregnant woman's family.
SB70-AA3,163
21Section
163. 49.79 (1) (b) of the statutes is amended to read:
SB70-AA3,144,2522
49.79
(1) (b) “Controlled substance" has the meaning given in
21 USC 802 (6)
,
23except that “controlled substance” does not include tetrahydrocannabinols in any
24form, including tetrahydrocannabinols contained in marijuana, obtained from
25marijuana, or chemically synthesized.
SB70-AA3,164
1Section
164. 59.54 (25) (title) of the statutes is amended to read:
SB70-AA3,145,22
59.54
(25) (title)
Possession Regulation of marijuana.
SB70-AA3,165
3Section
165. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB70-AA3,145,124
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
5the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
6s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
7is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
8an allegation of possession of more than 25 grams of marijuana, or possession of any
9amount of marijuana following a conviction in this state for possession of marijuana 10alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
11not be prosecuted under this subsection for the same action that is the subject of the
12complaint unless all of the following occur:
SB70-AA3,166
13Section
166. 66.0107 (1) (bm) of the statutes is amended to read:
SB70-AA3,145,2314
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
15marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
16(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
17with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
18of possession of more than 25 grams of marijuana, or possession of any amount of
19marijuana following a conviction in this state for possession of marijuana alleging
20a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be
21prosecuted under this paragraph for the same action that is the subject of the
22complaint unless the charges are dismissed or the district attorney declines to
23prosecute the case.
SB70-AA3,167
24Section
167. 66.04185 of the statutes is created to read:
SB70-AA3,146,4
166.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
2county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
3by an individual who has no more than 6 marijuana plants at one time for his or her
4personal use.
SB70-AA3,168
5Section
168. 73.17 of the statutes is created to read:
SB70-AA3,146,7
673.17 Medical marijuana registry program. (1) Definitions. In this
7section:
SB70-AA3,146,88
(a) “Debilitating medical condition or treatment” means any of the following:
SB70-AA3,146,149
1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
10the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
11inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
12hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
13patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
14treatment of these conditions.
SB70-AA3,146,1815
2. A chronic or debilitating disease or medical condition or the treatment of
16such a disease or condition that causes cachexia, severe pain, severe nausea,
17seizures, including those characteristic of epilepsy, or severe and persistent muscle
18spasms, including those characteristic of multiple sclerosis.
SB70-AA3,146,1919
(b) “Department” means the department of revenue.
SB70-AA3,146,2020
(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
22as having or undergoing a debilitating medical condition or treatment but does not
23include a person under the age of 18 years.
SB70-AA3,146,2524
(e) “Tax exemption certificate” means a certificate to claim the exemption under
25s. 77.54 (71).
SB70-AA3,147,1
1(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-AA3,147,32
(g) “Written certification” means means a statement made by a person's
3physician if all of the following apply:
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1. The statement indicates that, in the physician's professional opinion, the
5person has or is undergoing a debilitating medical condition or treatment and the
6potential benefits of the person's use of usable marijuana would likely outweigh the
7health risks for the person.
SB70-AA3,147,118
2. The statement indicates that the opinion described in subd. 1. was formed
9after a full assessment of the person's medical history and current medical condition
10that was conducted no more than 6 months prior to making the statement and that
11was made in the course of a bona fide physician-patient relationship.
SB70-AA3,147,1312
3. The statement is signed by the physician or is contained in the person's
13medical records.
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4. The statement contains an expiration date that is no more than 48 months
15after issuance and the statement has not expired.