SB70-SSA2-SA2,82,13 9139.980 Agreement with tribes. The department may enter into an
10agreement with a federally recognized American Indian tribe in this state for the
11administration and enforcement of this subchapter and to provide refunds of the tax
12imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members
13of the tribe residing on the tribal land.
SB70-SSA2-SA2,58 14Section 58. 157.06 (11) (hm) of the statutes is created to read:
SB70-SSA2-SA2,82,1815 157.06 (11) (hm) Unless otherwise required by federal law, a hospital,
16physician, procurement organization, or other person may not determine the
17ultimate recipient of an anatomical gift based solely upon a positive test for the use
18of marijuana by a potential recipient.
SB70-SSA2-SA2,59 19Section 59. 157.06 (11) (i) of the statutes is amended to read:
SB70-SSA2-SA2,82,2120 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in
21this section affects the allocation of organs for transplantation or therapy.
SB70-SSA2-SA2,60 22Section 60. 250.22 of the statutes is created to read:
SB70-SSA2-SA2,83,2 23250.22 Payments to counties. The department shall promulgate rules to
24establish grants to counties to support mental health and substance use disorder

1services. The department shall fund all grants established under this section from
2the appropriation under s. 20.435 (5) (q).
SB70-SSA2-SA2,61 3Section 61. 289.33 (3) (d) of the statutes is amended to read:
SB70-SSA2-SA2,83,214 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
5authorization, approval, variance or exception or any restriction, condition of
6approval or other restriction, regulation, requirement or prohibition imposed by a
7charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
8a town, city, village, county or special purpose district, including without limitation
9because of enumeration any ordinance, resolution or regulation adopted under s.
1091.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
11(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
12(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
13(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
14(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
15(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1659.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
17(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
18and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
1961.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2087.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
21of ch. 91.
SB70-SSA2-SA2,62 22Section 62. 349.02 (2) (b) 4. of the statutes is amended to read:
SB70-SSA2-SA2,83,2423 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
2466.0107 (1) (bm).
SB70-SSA2-SA2,63
1Section 63. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended
2to read:
SB70-SSA2-SA2,84,143 961.70 (2) “Marijuana" means all parts of the plants of the genus Cannabis,
4whether growing or not; the seeds thereof; the resin extracted from any part of the
5plant; and every compound, manufacture, salt, derivative, mixture , or preparation
6of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration
7of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or
8preparation is greater than 0.3 percent on a dry weight basis
. “Marijuana" does
9include the mature stalks if mixed with other parts of the plant, but does not include
10fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
11compound, manufacture, salt, derivative, mixture, or preparation of the mature
12stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed
13of the plant which is incapable of germination. “Marijuana” does not include hemp,
14as defined in s. 94.55 (1).
SB70-SSA2-SA2,64 15Section 64. 961.11 (4g) of the statutes is repealed.
SB70-SSA2-SA2,65 16Section 65. 961.14 (4) (t) of the statutes is repealed.
SB70-SSA2-SA2,66 17Section 66. 961.32 (2m) of the statutes is repealed.
SB70-SSA2-SA2,67 18Section 67. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
19renumbered, is amended to read:
SB70-SSA2-SA2,84,20 20961.75 (title) Controlled substances Marijuana therapeutic research.
SB70-SSA2-SA2,68 21Section 68. 961.38 (1n) of the statutes is repealed.
SB70-SSA2-SA2,69 22Section 69. 961.41 (1) (h) of the statutes is repealed.
SB70-SSA2-SA2,70 23Section 70. 961.41 (1m) (h) of the statutes is repealed.
SB70-SSA2-SA2,71 24Section 71. 961.41 (1q) of the statutes is repealed.
SB70-SSA2-SA2,72 25Section 72. 961.41 (1r) of the statutes is amended to read:
SB70-SSA2-SA2,85,11
1961.41 (1r) Determining weight of substance. In determining amounts under
2s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
3of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic
4acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
5tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any
6controlled substance analog of any of these substances together with any compound,
7mixture, diluent, plant material or other substance mixed or combined with the
8controlled substance or controlled substance analog. In addition, in determining
9amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
10means anything included under s. 961.14 (4) (t) and includes the weight of any
11marijuana.
SB70-SSA2-SA2,73 12Section 73. 961.41 (1x) of the statutes is amended to read:
SB70-SSA2-SA2,85,1513 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31,
14to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the
15applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).
SB70-SSA2-SA2,74 16Section 74. 961.41 (3g) (c) of the statutes is amended to read:
SB70-SSA2-SA2,86,217 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
18possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
19base, the person shall be fined not more than $5,000 and may be imprisoned for not
20more than one year in the county jail upon a first conviction and is guilty of a Class
21I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
22is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
23offense, the offender has at any time been convicted of any felony or misdemeanor
24under this chapter or under any statute of the United States or of any state relating

1to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
2or depressant, stimulant, or hallucinogenic drugs.
SB70-SSA2-SA2,75 3Section 75. 961.41 (3g) (d) of the statutes is amended to read: