2021 - 2022 LEGISLATURE
LRB-5891/1
CMH/JK/MCP/SWB:emw
2021 SENATE BILL 1035
March 9, 2022 - Introduced by Senators ERPENBACH, BEWLEY, JOHNSON, CARPENTER,
ROYS and RINGHAND, cosponsored by Representatives HESSELBEIN, CONSIDINE,
CABRERA, MILROY, HEBL, SINICKI, S. RODRIGUEZ, ANDRACA, EMERSON, SUBECK,
SHANKLAND, OHNSTAD, CABRAL-GUEVARA and STUBBS. Referred to Committee
on Insurance, Licensing and Forestry.
1 AN ACT to renumber and amend 450.071 (1) and 968.19; to amend 59.54 (25)
2 (a) (intro.), 59.54 (25m), 66.0107 (1) (bm), 66.0107 (1) (bp), 66.1201 (2m),
3 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 77.52 (13), 77.53 (10),
4 101.123 (1) (h) (intro.), 102.43 (9) (e), 106.50 (1m) (h), 111.35 (2) (e), 234.29,
5 289.33 (3) (d), 349.02 (2) (b) 4., 450.07 (1), 767.41 (5) (am) (intro.), 767.451 (5m)
6 (a), 961.555 (2) (am) 6. and 961.56 (1); and to create 20.115 (7) (ge), 20.435 (1)
7 (gq), 59.54 (25) (c), 66.0440, 77.54 (70), 94.57, 108.04 (5m), 111.32 (15), 111.34
8 (1) (c), 111.35 (2) (f), 146.44, 450.03 (1) (em), 450.03 (1) (ep), 450.07 (1s), 450.071
9 (1) (b) 2. and 3., 767.41 (5) (d), 767.451 (5m) (d), 961.01 (5m), 961.01 (12v),
10 961.01 (14c), 961.01 (14g), 961.01 (17k), 961.01 (19m), 961.01 (20hm), 961.01
11 (20ht), 961.01 (20t), 961.01 (21f), 961.01 (21t), 961.436, 961.55 (8) (c), (d) and
12 (e), 961.555 (2r), 961.5755, 968.072, 968.12 (6), 968.19 (2) and 968.20 (1j) of the
13 statutes; relating to: medical cannabis, providing an exemption from
 2021 - 2022 Legislature -2- LRB-5891/1
CMH/JK/MCP/SWB:emw
SENATE BILL 1035
1 emergency rule procedures, granting rule-making authority, making an
2 appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from manufacturing, distributing, or delivering
tetrahydrocannabinols (THC); possessing THC with the intent to manufacture,
distribute, or deliver it; possessing or attempting to possess THC; using drug
paraphernalia; or possessing drug paraphernalia. This bill creates a medical use
defense to such THC-related prosecutions and forfeiture actions for a person who is
registered with the Department of Health Services as having a specified debilitating
medical condition or undergoing a specified debilitating treatment. The bill also
prohibits the arrest or prosecution of such a person 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 cannabis
involved is more than 12 plants and three ounces of leaves or flowers; 3) if, while
under the influence of THC, the person drives a motor vehicle or engages in other
conduct that endangers another person; or 4) if the person smokes cannabis on a
school bus or public transit or on school premises.
Under the bill, DHS must establish a medical cannabis registry, and a person
may apply to DHS for a registry identification card. The bill specifies that the
following medical conditions or treatments qualify a person for the registry: cancer,
glaucoma, AIDS or HIV, 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;
opioid abatement or reduction or treatment for opioid addiction; 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, or severe and
persistent muscle spasms; and any other medical condition or treatment DHS
designates as a debilitating medical condition or treatment. DHS must issue a
qualified applicant a registry identification card. DHS must keep registry
information and applications confidential except for verifying status for law
enforcement purposes. Under the bill, practitioners may not provide a written
certification to obtain a registry identification card for himself or herself or any
family member, and practitioners who provide written certifications for registry
identification cards may not have any financial interest connected to a person or
entity that grows, processes, or distributes cannabis.
The bill requires any person operating as a medical cannabis producer,
processor, or dispensary to obtain a license from the Department of Agriculture,
Trade and Consumer Protection. A producer is defined as a person who grows more
than 12 cannabis plants. An applicant may not obtain a license, and DATCP must
revoke a license, if the applicant or licensee is located within 500 feet of a school,
distributes more than 12 cannabis plants and three ounces of cannabis leaves or
flowers to any person, or possesses an excessive quantity of cannabis as determined
 LRB-5891/1
2021 - 2022 Legislature -3- CMH/JK/MCP/SWB:emw
SENATE BILL 1035
by DATCP. The bill also requires DATCP to register laboratories to conduct testing
on medical cannabis. A producer, processor, or dispensary may not have any
financial interest in a laboratory, and a laboratory may not have any financial
interest in a producer, processor, or dispensary. A license issued by DATCP under
the bill does not expire unless revoked. An applicant for a license must pay an initial
application fee of at least $250 and an annual fee of at least $5,000.
Under the bill, a licensed producer is prohibited from growing medical cannabis
for personal, family, or household use and may distribute its medical cannabis only
to a licensed processor. A licensed processor must send samples of the medical
cannabis that it processes to a registered laboratory to test the THC concentration
of the processor's products and test for the presence of certain contaminants. A
licensed processor may distribute cannabis plants and processed cannabis leaves or
flowers only to a licensed dispensary. A licensed dispensary may dispense medical
cannabis only to a qualifying patient or caregiver who presents a valid registry
identification card.
The bill authorizes DATCP to inspect, without prior notice, the premises and
records of a licensee or an applicant. DATCP may also establish rules for
administering and implementing the medical cannabis program as it relates to
producers, processors, dispensaries, and laboratories. The bill requires DATCP to
promulgate rules that are designed to promote and prioritize producers, processors,
and dispensaries that are small, local organizations.
Finally, the bill prohibits discrimination in employment and licensing against
individuals who have valid certifications and registration cards based on their use
or possession of medical cannabis off the employer's premises during nonworking
hours, unless one of certain exceptions applies. The bill similarly provides that an
employee who is terminated solely due to a positive drug test for cannabis
components or metabolites or who violates the employer's policy concerning the use
of cannabis is not disqualified from receiving unemployment insurance or worker's
compensation benefits if the employee has a valid certification and registration card,
unless 1) the employee uses or possesses medical cannabis on the employer's
premises or during working hours; 2) the use impairs the individual's ability to
undertake adequately the job-related responsibilities of that individual's
employment; or 3) the action is necessary for the employer to avoid losing certain
benefits under federal law.
The bill changes state law regarding THC. It does not affect federal law, which
generally prohibits persons from manufacturing, delivering, or possessing THC and
applies to both intrastate and interstate violations.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
 2021 - 2022 Legislature -4- LRB-5891/1
CMH/JK/MCP/SWB:emw
SENATE BILL 1035
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 20.115 (7) (ge) of the statutes is created to read:
2 20.115 (7) (ge) Medical cannabis licenses and registration. All moneys received
3 under s. 94.57 (4) to license and regulate producers, processors, and dispensaries,
4 and to register laboratories, under s. 94.57.
5 SECTION 2. 20.435 (1) (gq) of the statutes is created to read:
6 20.435 (1) (gq) Medical cannabis registry. All moneys received as fees under
7 s. 146.44 (2) (a) 4. and (ac) 3. and (4m) for the purposes of the medical cannabis
8 registry program under s. 146.44.
9 SECTION 3. 59.54 (25) (a) (intro.) of the statutes is amended to read:
10 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
11 the possession of marijuana, as defined in s. 961.01 (14), subject to par. (c) and the
12 exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
13 ordinance; except that if. Any ordinance enacted under this paragraph shall provide
14 a person who is prosecuted under it with the defenses that the person has under s.
15 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If a complaint
16 is issued regarding an allegation of possession of more than 25 grams of marijuana,
17 or possession of any amount of marijuana following a conviction in this state for
18 possession of marijuana, the subject of the complaint may not be prosecuted under
19 this subsection for the same action that is the subject of the complaint unless all of
20 the following occur:
21 SECTION 4. 59.54 (25) (c) of the statutes is created to read:
 LRB-5891/1
2021 - 2022 Legislature -5- CMH/JK/MCP/SWB:emw
SENATE BILL 1035 SECTION 4
1 59.54 (25) (c) A person may not be prosecuted under an ordinance enacted
2 under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
3 prosecution under s. 961.41 (3g) (e).
4 SECTION 5. 59.54 (25m) of the statutes is amended to read:
5 59.54 (25m) DRUG PARAPHERNALIA. The board may enact an ordinance to
6 prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
7 (1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
8 Any ordinance enacted under this subsection shall provide a person prosecuted
9 under it with the defenses that the person has under s. 961.5755 to prosecutions
10 under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
11 under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
12 the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
13 961.575 (1). The board may enforce an ordinance enacted under this subsection in
14 any municipality within the county.
15 SECTION 6. 66.0107 (1) (bm) of the statutes is amended to read:
16 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
17 marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
18 (intro.), and provide a forfeiture for a violation of the ordinance; except that if. Any
19 ordinance enacted under this paragraph shall provide a person who is prosecuted
20 under it with the defenses that the person has under s. 961.436 to prosecutions under
21 s. 961.41 (1) (h), (1m) (h), or (3g) (e). If a complaint is issued regarding an allegation
22 of possession of more than 25 grams of marijuana, or possession of any amount of
23 marijuana following a conviction in this state for possession of marijuana, the subject
24 of the complaint may not be prosecuted under this paragraph for the same action that
 2021 - 2022 Legislature -6- LRB-5891/1
CMH/JK/MCP/SWB:emw
SENATE BILL 1035 SECTION 6
1 is the subject of the complaint unless the charges are dismissed or the district
2 attorney declines to prosecute the case.
3 SECTION 7. 66.0107 (1) (bp) of the statutes is amended to read:
4 66.0107 (1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
5 same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
6 (2) and provide a forfeiture for violation of the ordinance. Any ordinance enacted
7 under this paragraph shall provide a person prosecuted under it with the defenses
8 that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
9 (1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
10 under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
11 to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
12 SECTION 8. 66.0440 of the statutes is created to read:
13 66.0440 Medical cannabis. No village, town, city, or county may enact or
14 enforce an ordinance or a resolution that prohibits producing, processing,
15 dispensing, testing, or possessing medical cannabis if those actions are lawfully done
16 by any of the following:
17 (1) A licensee under s. 94.57.
18 (2) If the amount of cannabis does not exceed the maximum authorized
19 amount, as defined in s. 961.01 (14c), a person who has a valid registry identification
20 card, as defined in s. 146.44 (1) (g), and is any of the following:
21 (a) A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
22 to provide medical cannabis for his or her own use.
23 (b) A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
24 to provide medical cannabis for his or her qualifying patient.
25 SECTION 9. 66.1201 (2m) of the statutes is amended to read:
 LRB-5891/1
2021 - 2022 Legislature -7- CMH/JK/MCP/SWB:emw
SENATE BILL 1035 SECTION 9
1 66.1201 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
2 facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
3 facility, or privilege in any manner for any purpose nor be discriminated against
4 because of sex, race, color, creed, or sexual orientation,; status as a victim of domestic
5 abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the
6 person holds, or has applied for, a registry identification card, as defined in s. 146.44
7 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h),
8 or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or
9 national origin.
10 SECTION 10. 66.1213 (3) of the statutes is amended to read:
11 66.1213 (3) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
12 facility, or privilege under this section may not be denied the right, benefit, facility,
13 or privilege in any manner for any purpose nor be discriminated against because of
14 sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse,
15 sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
16 holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
17 has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or
18 has been a member of a treatment team, as defined in s. 961.01 (20t); or national
19 origin.
20 SECTION 11. 66.1301 (2m) of the statutes is amended to read:
21 66.1301 (2m) DISCRIMINATION. Persons entitled to any right, benefit, facility,
22 or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
23 or privilege in any manner for any purpose nor be discriminated against because of
24 sex, race, color, creed, or sexual orientation,; status as a victim of domestic abuse,
25 sexual assault, or stalking, as defined in s. 106.50 (1m) (u),; whether the person
 2021 - 2022 Legislature -8- LRB-5891/1
CMH/JK/MCP/SWB:emw
SENATE BILL 1035 SECTION 11
1 holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g),
2 has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or
3 has been a member of a treatment team, as defined in s. 961.01 (20t); or national
4 origin.
5 SECTION 12. 66.1331 (2m) of the statutes is amended to read:
6 66.1331 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
7 facility, or privilege under this section may not be denied the right, benefit, facility,
8 or privilege in any manner for any purpose nor be discriminated against because of
9 sex, race, color, creed, or sexual orientation,; status as a victim of domesti