SB 789

Current law prohibits a person from manufacturing, distributing, or delivering

marijuana; possessing marijuana with the intent to manufacture, distribute, or

deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;

or possessing drug paraphernalia with the intent to produce, distribute, or use a

controlled substance. This bill creates a medical use defense to marijuana-related

prosecutions and forfeiture actions for, and prohibits the arrest or prosecution of,

persons who are registered with the Department of Health Services (DHS) and have

certain debilitating medical conditions or treatments. The defense and prohibition

apply also to primary caregivers of such persons only if it is not practicable for the

person to acquire, possess, cultivate, or transport marijuana independently or the

person is under the age of 18. The defense and prohibition do not apply under certain

circumstances, including the following: 1) if the person does not have a valid registry

identification card or equivalent; 2) if the amount of marijuana involved in the

offense is more than the maximum authorized amount of marijuana (12 marijuana

plants and three ounces of marijuana leaves or flowers); 3) if, while under the

influence of marijuana, the person drives or operates a motor vehicle or operates

heavy machinery or engages in any other conduct that endangers the health or well

being of another person; and 4) if the person smokes marijuana at certain places,

including on a school bus or on public transit, at his or her place of employment, or

on school premises.

The bill requires DHS to establish a registry for persons who use marijuana for

medical use. Under the bill, a person may apply for a registry identification card by

submitting to DHS a signed application, a written certification, and a registration

fee of not more than $150. DHS must verify the information and, unless in the

previous ten years the person was serving a sentence or on probation for certain

felony convictions, issue the person a registry identification card. A registry

identification card is generally valid for two years and may be renewed. DHS may

not disclose that it has issued to a person a registry identification card, or

information from an application for one, except to the Department of Justice to

determine if the applicant's criminal history makes him or her ineligible for a card

or to a law enforcement agency for the purpose of verifying that a person possesses

a valid registry identification card. This bill also requires DHS to promulgate a rule

ensuring that certain out-of-state registry identification cards are valid in

Wisconsin.

The bill requires DHS to license and regulate dispensaries to distribute or

deliver marijuana or drug paraphernalia or to possess or manufacture marijuana or

drug paraphernalia with the intent to deliver or distribute to facilitate the medical

use of marijuana. This bill prohibits dispensaries from being located within 500 feet

of a school, prohibits a dispensary from distributing to a person more than a

maximum authorized amount of marijuana, and prohibits a dispensary from