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Bills from the 2017–18 session

Senate Bill 38

Medical use of marijuana, the regulation of marijuana distribution entities, requiring the exercise of rule-making authority, making appropriations, and providing a criminal penalty. (FE)

Stopped in committee

It never got a ⁠, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Feb 15, 2017

  2. Committee, stopped here

    Stopped here. No public hearing was held.

  3. Senate vote, not reached

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 28, 2018: “Failed to pass pursuant to ⁠”

It never got a hearing in the Senate Committee on Health and Human Services. See every bill that never got a hearing this session.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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 such marijuana-related prosecutions and forfeiture actions for persons who are registered with the Department of Health Services as having specified debilitating medical conditions or treatments and, if applicable, their primary caregivers. This bill also prohibits the arrest or prosecution of such persons for those offenses. The defense and prohibition do not apply under certain circumstances, such as 1) if the person does not have a valid registry identification card; 2) if the amount of marijuana involved is more than 12 marijuana plants and three ounces of marijuana leaves or flowers; 3) if, while under the influence of marijuana, the person drives a motor vehicle or engages in any other conduct that endangers the health or well being of another person; or 4) if the person smokes marijuana on a school bus or public transit or on school premises.

Read the full summary

Under the bill, DHS must establish a registry for persons who use marijuana for medical use. Under the bill, a person may apply to DHS for a registry identification card. DHS must issue a qualified applicant a registry identification card unless, in the previous ten years, the applicant was serving a sentence or on probation for certain felony convictions. Except for law enforcement purposes, DHS must keep registry information and applications confidential.

Under the bill, DHS also must license and regulate dispensaries 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 one person more than an allowable amount of marijuana, and prohibits a dispensary from possessing an excessive quantity of marijuana as determined by the number of persons it serves or by DHS. An applicant for a license must pay an initial application fee of $250, and a dispensary must pay an annual fee of $5,000.

This bill requires DHS to promulgate rules to allow entities to grow marijuana and distribute marijuana to dispensaries. This bill also requires DHS to register entities as tetrahydrocannabinols-testing laboratories.

This bill changes state law regarding marijuana. It does not affect federal law, which generally prohibits persons from manufacturing, delivering, or possessing marijuana and applies to both intrastate and interstate violations.

Who's behind it

8 senators are its ⁠. All 8 are Democrats.

20 more lawmakers ⁠.

See all 28 names

Authors (8)

Signed on in support (20)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

What happened

  1. Mar 28, 2018

    The session ended, and the bill died with it.

  2. May 19, 2017

    A state agency sent in its estimate of the cost.

  3. Mar 22, 2017

    A state agency sent in its estimate of the cost.

  4. Mar 15, 2017

    A state agency sent in its estimate of the cost.

  5. Mar 6, 2017

    A state agency sent in its estimate of the cost.

  6. Mar 2, 2017

    A state agency sent in its estimate of the cost.

  7. Mar 1, 2017

    A state agency sent in its estimate of the cost.

  8. Feb 15, 2017

    Sent to the Senate Committee on Health and Human Services.

  9. Feb 15, 2017

    Introduced in the Senate.

See the official record, word for word
  1. Feb 15, 2017 · Senate

    Introduced by Senators Erpenbach, L. Taylor, Johnson, Miller, Hansen, C. Larson, Vinehout and Shilling; cosponsored by Representatives C. Taylor, Hintz, Shankland, Genrich, Berceau, Anderson, Pope, Goyke, Doyle, Crowley, Hebl, Sinicki, Ohnstad, Sargent, Subeck, Zepnick, Brostoff, Bowen, Zamarripa and Spreitzer

  2. Feb 15, 2017 · Senate

    Read first time and referred to Committee on Health and Human Services

  3. Mar 1, 2017 · Senate

    Fiscal estimate received

  4. Mar 2, 2017 · Senate

    Fiscal estimate received

  5. Mar 6, 2017 · Senate

    Fiscal estimate received

  6. Mar 6, 2017 · Senate

    Fiscal estimate received

  7. Mar 15, 2017 · Senate

    Fiscal estimate received

  8. Mar 22, 2017 · Senate

    Fiscal estimate received

  9. May 19, 2017 · Senate

    Fiscal estimate received

  10. Mar 28, 2018 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

More in the glossary