AB220,61 Section 61 . 30.681 (2) (d) 1. c. of the statutes is created to read:

AB220,23,9 30.681 (2) (d) 1. c. In an action under par. (b) 1g. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

AB220,62 Section 62 . 30.684 (4) of the statutes is amended to read:

AB220,23,20 30.684 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated boating law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB220,63 Section 63 . 30.80 (6) (d) of the statutes is amended to read:

AB220,24,5 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB220,64 Section 64 . 49.148 (4) (a) of the statutes is amended to read:

AB220,24,21 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB220,65 Section 65 . 49.45 (23) (g) 5. of the statutes is amended to read:

AB220,25,3 49.45 (23) (g) 5. Require, as a condition of eligibility, that an applicant or enrollee submit to a drug screening assessment and, if indicated, a drug test, as specified by the department in the waiver amendment. The department may not test under this subdivision for tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB220,66 Section 66 . 49.79 (1) (b) of the statutes is amended to read:

AB220,25,8 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except “controlled substance” does not include tetrahydrocannabinols in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB220,67 Section 67 . 50.56 (3) of the statutes is amended to read:

AB220,25,13 50.56 (3) Notwithstanding sub. (2), insofar as a conflict exists between this subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI VII, or the rules promulgated under subch. I, II or VI VII, the provisions of this subchapter and the rules promulgated under this subchapter control.

AB220,68 Section 68 . Subchapter VI of chapter 50 [precedes 50.80] of the statutes is created to read:

AB220,25,16 chapter 50

AB220,25,17 subchapter VI

AB220,25,19 distribution and testing centers

AB220,25,20 50.80 Definitions. In this subchapter:

AB220,25,22 (1) “Compassion center" means a licensed organization that grows, sells, distributes, or delivers marijuana for the medical use of tetrahydrocannabinols.

AB220,25,23 (2) “Debilitating medical condition or treatment" means any of the following:

AB220,26,4 (a) Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

AB220,26,8 (b) A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

AB220,26,11 (c) Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department under s. 50.81 (2).

AB220,26,12 (2m) “Department" means the department of health services.

AB220,26,14 (3) “Maximum medicinal amount" means 6 live marijuana plants and 3 ounces of usable marijuana.

AB220,26,15 (4) “Medical use of tetrahydrocannabinols" means any of the following:

AB220,26,18 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

AB220,26,21 (b) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or her use of tetrahydrocannabinols under par. (a).