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866.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
9county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
10by an individual who has no more than 6 marijuana plants at one time for his or her
11personal use.
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1373.17 Medical marijuana registry program. (1) Definitions. In this
14section:
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(a) “Debilitating medical condition or treatment” means any of the following:
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1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
17the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
18inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
19hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
20patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
21treatment of these conditions.
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2. A chronic or debilitating disease or medical condition or the treatment of
23such a disease or condition that causes cachexia, severe pain, severe nausea,
24seizures, including those characteristic of epilepsy, or severe and persistent muscle
25spasms, including those characteristic of multiple sclerosis.
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1(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
4as having or undergoing a debilitating medical condition or treatment but does not
5include a person under the age of 18 years.
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(e) “Tax exemption certificate” means a certificate to claim the exemption under
7s. 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
10physician if all of the following apply:
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1. The statement indicates that, in the physician's professional opinion, the
12person has or is undergoing a debilitating medical condition or treatment and the
13potential benefits of the person's use of usable marijuana would likely outweigh the
14health risks for the person.
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2. The statement indicates that the opinion described in subd. 1. was formed
16after a full assessment of the person's medical history and current medical condition
17that was conducted no more than 6 months prior to making the statement and that
18was 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
20medical records.
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4. The statement contains an expiration date that is no more than 48 months
22after issuance and the statement has not expired.
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23(2) Application. An adult who is claiming to be a qualifying patient may apply
24for a registry identification card by submitting to the department a signed
25application form containing or accompanied by all of the following:
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1(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,
4as listed in the written certification.
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5(3) Processing the application. The department shall verify the information
6contained in or accompanying an application submitted under sub. (2) and shall
7approve or deny the application within 30 days after receiving it. The department
8may deny an application submitted under sub. (2) only if the required information
9has not been provided or if false information has been provided.
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10(4) Issuing a registry identification card and tax exemption certificate. The
11department shall issue to the applicant a registry identification card and tax
12exemption certificate within 5 days after approving an application under sub. (3).
13Unless voided under sub. (5) (b) or revoked under rules issued by the department
14under sub. (7), a registry identification card and tax exemption certificate shall
15expire 4 years from the date of issuance. A tax exemption certificate shall contain
16the information determined by the department. A registry identification card shall
17contain 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.
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(c) A photograph of the registrant.
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(d) Other information the department may require by rule.
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22(5) Additional information to be provided by registrant. (a) A registrant
23shall notify the department of any change in the registrant's name and address. A
24registrant who is a qualifying patient shall notify the department of any change in
1his or her physician or of any significant improvement in his or her health as it
2relates to his or her debilitating medical condition or treatment.
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(b) If a registrant fails to notify the department within 10 days after any change
4for which notification is required under par. (a), his or her registry identification card
5and tax exemption certificate is void.