Well to start off, the Press Conference got moved back to 11:30 AM on Monday.
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Wisconsin Medical Marijuana Legislation
- Thread starter mintgrizz
- Start date
tripnoncid
Member
I hope all goes well
trip
trip
Good morning....today is a big day!
G
guest
Good moring it is Canna. Hey did you see fox 6 news last night?
Pistil_Party09
Member
what was on the news>?
G
guest
Heres some more great breaking news,,@fox11news A hearing is set for Dec. 15 on a bill that would legalize medical marijuana in Wisconsin. http://bit.ly/3lnmUj ,
G
guest
~~Wisconsin~~ SB368
--------------------------------------------------------------------------------
SB368
Current law prohibits the manufacture, distribution, and delivery of marijuana
(also known as tetrahydrocannabinols) and the possession of marijuana with intent
to manufacture, distribute, or deliver it. Penalties for violating these prohibitions
depend on the amount of marijuana involved. If the crime involves 200 grams or less
or four or fewer marijuana plants, the person is guilty of a felony and may be fined
up to $10,000, sentenced to a term of imprisonment of up to three years and six
months, or both. If the crime involves more than 200 grams but not more than 1,000
grams, or more than four plants but not more than 20 plants, the person is guilty of
a felony and may be fined up to $10,000, sentenced to a term of imprisonment of up
to six years, or both. If the crime involves more than 1,000 grams but not more than
2,500 grams, or more than 20 plants but not more than 50 plants, the person is guilty
of a felony and may be fined up to $25,000, sentenced to a term of imprisonment of
up to ten years, or both. If the crime involves more than 2,500 grams but not more
than 10,000 grams, or more than 50 plants but not more than 200 plants, the person
is guilty of a felony and may be fined up to $25,000, sentenced to a term of
imprisonment of up to 12 years and 6 months, or both. If the crime involves more
than 10,000 grams or more than 200 plants, the person is guilty of a felony and may
be fined up to $50,000, sentenced to a term of imprisonment of up to 15 years, or both.
SB368
Current law also prohibits a person from possessing or attempting to possess
marijuana. A person who violates this prohibition and who has no prior drug
convictions is guilty of a misdemeanor and may be fined not more than $1,000,
sentenced to the county jail for up to six months, or both. For a second or subsequent
offense, a person is guilty of a Class I felony.
SB368
Current law also contains certain prohibitions regarding drug paraphernalia,
which includes equipment, products, and materials used to produce, distribute, and
use controlled substances, including marijuana. Under current law, a person who
uses drug paraphernalia or who possesses it with the primary intent to produce,
distribute, or use a controlled substance, other than methamphetamine, unlawfully
is guilty of a misdemeanor and may be fined not more than $500, imprisoned for not
more than 30 days, or both. A person who delivers drug paraphernalia, possesses it
with intent to deliver it, or manufactures it with intent to deliver it, knowing that
it will be primarily used to produce, distribute, or use a controlled substance, other
than methamphetamine, unlawfully may be fined not more than $1,000, imprisoned
for not more than 90 days, or both.
Medical necessity defense and immunity from arrest and prosecution
SB368
This bill establishes a medical necessity defense to marijuana-related
prosecutions and forfeiture actions. A person having or undergoing a debilitating
medical condition or treatment (qualifying patient) may invoke this defense. A
debilitating medical condition or treatment means any of the following: 1) cancer,
glaucoma, AIDS, a positive HIV test, Crohn's disease, a Hepatitis C virus infection,
Alzheimer's disease, Amytrophic Lateral Sclerosis, nail patella syndrome,
Ehlers-Danlos Syndrome, post-traumatic stress disorder, or the treatment of these
conditions; 2) a chronic or debilitating disease or medical condition, or the treatment
of such a disease or condition, that causes wasting away, severe pain, severe nausea,
seizures, or severe and persistent muscle spasms; or 3) any other medical condition
or treatment for a medical condition designated as a debilitating medical condition
or treatment in rules promulgated by the Department of Health Services (DHS).
SB368
A qualifying patient may invoke this defense if he or she acquires, possesses,
cultivates, transports, or uses marijuana to alleviate the symptoms or effects of his
or her debilitating medical condition or treatment, but only if no more than the
maximum authorized amount of marijuana (that is, 12 marijuana plants and three
ounces -- approximately 85 grams -- of marijuana leaves or flowers) is involved. If
a person has obtained a valid registry identification card from DHS or a valid
out-of-state registry identification card (see Registry and distribution centers
for medical users of marijuana below) or has a written certification from his or
her physician documenting that the person has or is undergoing a debilitating
medical condition or treatment and that the potential benefits to the person of using
marijuana outweigh the health risks involved, the person is presumed to have this
defense if no more than the maximum authorized amount of marijuana is involved.
SB368
The bill also prohibits the arrest or prosecution of a qualifying patient who
acquires, possesses, cultivates, transports, or uses marijuana to alleviate the
symptoms or effects of his or her debilitating medical condition or treatment if the
person possesses a valid registry identification card, a valid out-of-state registry
identification card, or a written certification. This prohibition, however, applies only
if no more than the maximum authorized amount of marijuana is involved. In
addition, the bill prohibits the arrest or prosecution of or the imposition of any
penalty on a physician who provides a written certification to a person in good faith.
SB368
The defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill do not apply if the person possesses or attempts to
possess marijuana and if: 1) while under the influence of marijuana, the person
drives or operates a motor vehicle; 2) while under the influence of marijuana, the
person operates heavy machinery or engages in any other conduct that endangers
the health or well-being of another person; or 3) the person smokes marijuana on a
bus, at his or her workplace, on school premises, in an adult or juvenile correctional
facility or jail, at a public park, beach, or recreation center, or at a youth center. In
addition, if the putative qualifying patient is under 18 years of age, the defense
provided under the bill and the prohibition on arrest and prosecution contained in
the bill apply only if the person's parent, guardian, or legal custodian agrees to serve
as a primary caregiver for the person. The bill defines a primary caregiver as a
person who is at least 18 years old and who has agreed to be responsible for managing
a qualifying patient's medical use of marijuana.
SB368
The defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill apply also to a primary caregiver for any qualifying
patient, if the primary caregiver acquires, possesses, cultivates, transfers, or
transports marijuana to facilitate the qualifying patient's medical use of it. The
defense and the prohibition apply to the primary caregiver only if it is not practicable
for the qualifying patient to acquire, possess, cultivate, or transport marijuana
independently or if the qualifying patient is under 18. The defense and the
prohibition apply also to offenses involving drug paraphernalia if the qualifying
patient uses the drug paraphernalia for the medical use of marijuana.
Registry and distribution centers for medical users of marijuana
SB368
The bill requires DHS to establish a registry for medical users of marijuana.
Under the bill, a person claiming to be a qualifying patient may apply for a registry
identification card by submitting to DHS a signed application, accompanied by a
written certification and a registration fee of not more than $150. DHS must verify
the information and issue the person a registry identification card. A qualifying
patient and one of his or her primary caregivers may also jointly apply for a registry
identification card for the primary caregiver. DHS may not disclose that it has issued
to a person a registry identification card, or information from an application for one,
except to a law enforcement agency for the purpose of verifying that a person
possesses a valid registry identification card. A registry identification card is valid
for one year, unless revoked sooner by DHS based on a change of circumstances, and
may be renewed. This bill also requires DHS to promulgate a rule listing any state,
district, commonwealth, territory, or insular possession thereof that allows the
medical use of marijuana by a visiting qualifying patient or allows a person to assist
with a visiting qualifying patient's medical use of marijuana. Under this bill,
documents issued by these entities identifying a person as a qualifying patient,
primary caregiver, or equivalent are treated the same as registry identification cards
issued by DHS.
SB368
The bill requires DHS to license and regulate nonprofit corporations, known as
compassion centers, that distribute or deliver marijuana or drug paraphernalia or
possess or manufacture marijuana or drug paraphernalia with the intent to deliver
or distribute to facilitate the medical use of marijuana. This bill prohibits
compassion centers from being located less than 500 feet from a school, prohibits a
compassion center from distributing to a qualifying patient more than a maximum
amount of marijuana, and prohibits an organization from possessing a quantity that
exceeds, by an amount determined by DHS, the total maximum amount of marijuana
of all of the qualifying patients it serves. An applicant for a license must pay an
initial application fee of $250, and a compassion center must pay an annual fee of
$5,000.
Effect on federal law
SB368
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.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill
--------------------------------------------------------------------------------
SB368
Current law prohibits the manufacture, distribution, and delivery of marijuana
(also known as tetrahydrocannabinols) and the possession of marijuana with intent
to manufacture, distribute, or deliver it. Penalties for violating these prohibitions
depend on the amount of marijuana involved. If the crime involves 200 grams or less
or four or fewer marijuana plants, the person is guilty of a felony and may be fined
up to $10,000, sentenced to a term of imprisonment of up to three years and six
months, or both. If the crime involves more than 200 grams but not more than 1,000
grams, or more than four plants but not more than 20 plants, the person is guilty of
a felony and may be fined up to $10,000, sentenced to a term of imprisonment of up
to six years, or both. If the crime involves more than 1,000 grams but not more than
2,500 grams, or more than 20 plants but not more than 50 plants, the person is guilty
of a felony and may be fined up to $25,000, sentenced to a term of imprisonment of
up to ten years, or both. If the crime involves more than 2,500 grams but not more
than 10,000 grams, or more than 50 plants but not more than 200 plants, the person
is guilty of a felony and may be fined up to $25,000, sentenced to a term of
imprisonment of up to 12 years and 6 months, or both. If the crime involves more
than 10,000 grams or more than 200 plants, the person is guilty of a felony and may
be fined up to $50,000, sentenced to a term of imprisonment of up to 15 years, or both.
SB368
Current law also prohibits a person from possessing or attempting to possess
marijuana. A person who violates this prohibition and who has no prior drug
convictions is guilty of a misdemeanor and may be fined not more than $1,000,
sentenced to the county jail for up to six months, or both. For a second or subsequent
offense, a person is guilty of a Class I felony.
SB368
Current law also contains certain prohibitions regarding drug paraphernalia,
which includes equipment, products, and materials used to produce, distribute, and
use controlled substances, including marijuana. Under current law, a person who
uses drug paraphernalia or who possesses it with the primary intent to produce,
distribute, or use a controlled substance, other than methamphetamine, unlawfully
is guilty of a misdemeanor and may be fined not more than $500, imprisoned for not
more than 30 days, or both. A person who delivers drug paraphernalia, possesses it
with intent to deliver it, or manufactures it with intent to deliver it, knowing that
it will be primarily used to produce, distribute, or use a controlled substance, other
than methamphetamine, unlawfully may be fined not more than $1,000, imprisoned
for not more than 90 days, or both.
Medical necessity defense and immunity from arrest and prosecution
SB368
This bill establishes a medical necessity defense to marijuana-related
prosecutions and forfeiture actions. A person having or undergoing a debilitating
medical condition or treatment (qualifying patient) may invoke this defense. A
debilitating medical condition or treatment means any of the following: 1) cancer,
glaucoma, AIDS, a positive HIV test, Crohn's disease, a Hepatitis C virus infection,
Alzheimer's disease, Amytrophic Lateral Sclerosis, nail patella syndrome,
Ehlers-Danlos Syndrome, post-traumatic stress disorder, or the treatment of these
conditions; 2) a chronic or debilitating disease or medical condition, or the treatment
of such a disease or condition, that causes wasting away, severe pain, severe nausea,
seizures, or severe and persistent muscle spasms; or 3) any other medical condition
or treatment for a medical condition designated as a debilitating medical condition
or treatment in rules promulgated by the Department of Health Services (DHS).
SB368
A qualifying patient may invoke this defense if he or she acquires, possesses,
cultivates, transports, or uses marijuana to alleviate the symptoms or effects of his
or her debilitating medical condition or treatment, but only if no more than the
maximum authorized amount of marijuana (that is, 12 marijuana plants and three
ounces -- approximately 85 grams -- of marijuana leaves or flowers) is involved. If
a person has obtained a valid registry identification card from DHS or a valid
out-of-state registry identification card (see Registry and distribution centers
for medical users of marijuana below) or has a written certification from his or
her physician documenting that the person has or is undergoing a debilitating
medical condition or treatment and that the potential benefits to the person of using
marijuana outweigh the health risks involved, the person is presumed to have this
defense if no more than the maximum authorized amount of marijuana is involved.
SB368
The bill also prohibits the arrest or prosecution of a qualifying patient who
acquires, possesses, cultivates, transports, or uses marijuana to alleviate the
symptoms or effects of his or her debilitating medical condition or treatment if the
person possesses a valid registry identification card, a valid out-of-state registry
identification card, or a written certification. This prohibition, however, applies only
if no more than the maximum authorized amount of marijuana is involved. In
addition, the bill prohibits the arrest or prosecution of or the imposition of any
penalty on a physician who provides a written certification to a person in good faith.
SB368
The defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill do not apply if the person possesses or attempts to
possess marijuana and if: 1) while under the influence of marijuana, the person
drives or operates a motor vehicle; 2) while under the influence of marijuana, the
person operates heavy machinery or engages in any other conduct that endangers
the health or well-being of another person; or 3) the person smokes marijuana on a
bus, at his or her workplace, on school premises, in an adult or juvenile correctional
facility or jail, at a public park, beach, or recreation center, or at a youth center. In
addition, if the putative qualifying patient is under 18 years of age, the defense
provided under the bill and the prohibition on arrest and prosecution contained in
the bill apply only if the person's parent, guardian, or legal custodian agrees to serve
as a primary caregiver for the person. The bill defines a primary caregiver as a
person who is at least 18 years old and who has agreed to be responsible for managing
a qualifying patient's medical use of marijuana.
SB368
The defense provided under the bill and the prohibition on arrest and
prosecution contained in the bill apply also to a primary caregiver for any qualifying
patient, if the primary caregiver acquires, possesses, cultivates, transfers, or
transports marijuana to facilitate the qualifying patient's medical use of it. The
defense and the prohibition apply to the primary caregiver only if it is not practicable
for the qualifying patient to acquire, possess, cultivate, or transport marijuana
independently or if the qualifying patient is under 18. The defense and the
prohibition apply also to offenses involving drug paraphernalia if the qualifying
patient uses the drug paraphernalia for the medical use of marijuana.
Registry and distribution centers for medical users of marijuana
SB368
The bill requires DHS to establish a registry for medical users of marijuana.
Under the bill, a person claiming to be a qualifying patient may apply for a registry
identification card by submitting to DHS a signed application, accompanied by a
written certification and a registration fee of not more than $150. DHS must verify
the information and issue the person a registry identification card. A qualifying
patient and one of his or her primary caregivers may also jointly apply for a registry
identification card for the primary caregiver. DHS may not disclose that it has issued
to a person a registry identification card, or information from an application for one,
except to a law enforcement agency for the purpose of verifying that a person
possesses a valid registry identification card. A registry identification card is valid
for one year, unless revoked sooner by DHS based on a change of circumstances, and
may be renewed. This bill also requires DHS to promulgate a rule listing any state,
district, commonwealth, territory, or insular possession thereof that allows the
medical use of marijuana by a visiting qualifying patient or allows a person to assist
with a visiting qualifying patient's medical use of marijuana. Under this bill,
documents issued by these entities identifying a person as a qualifying patient,
primary caregiver, or equivalent are treated the same as registry identification cards
issued by DHS.
SB368
The bill requires DHS to license and regulate nonprofit corporations, known as
compassion centers, that distribute or deliver marijuana or drug paraphernalia or
possess or manufacture marijuana or drug paraphernalia with the intent to deliver
or distribute to facilitate the medical use of marijuana. This bill prohibits
compassion centers from being located less than 500 feet from a school, prohibits a
compassion center from distributing to a qualifying patient more than a maximum
amount of marijuana, and prohibits an organization from possessing a quantity that
exceeds, by an amount determined by DHS, the total maximum amount of marijuana
of all of the qualifying patients it serves. An applicant for a license must pay an
initial application fee of $250, and a compassion center must pay an annual fee of
$5,000.
Effect on federal law
SB368
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.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill
Wisconsin media is starting to light up, medical marijuana that is!
tripnoncid
Member
It's looking good so far 
Now will this be a general public vote eventually or a vote for the representatives?
My guess is it will have more support if Doyle is backing it up
trip
Now will this be a general public vote eventually or a vote for the representatives?
My guess is it will have more support if Doyle is backing it up
trip
thanks jimi
Doyle said many times we would sign when it hits his desk.
It is going to a combined meeting, not a joint meeting......both senate and assembly. It will be a floor vote.
From the bills namesake at the press conference:
Everyone knows someone who would benefit if the law were changed, a mother a father, a sister, a brother, someone. We're all in this together, every single one of us, whether we thought this was our cause or not our cause, it's all of our's cause." -- Jacki Rickert 11/16/09
It is going to a combined meeting, not a joint meeting......both senate and assembly. It will be a floor vote.
From the bills namesake at the press conference:
Everyone knows someone who would benefit if the law were changed, a mother a father, a sister, a brother, someone. We're all in this together, every single one of us, whether we thought this was our cause or not our cause, it's all of our's cause." -- Jacki Rickert 11/16/09
G
guest
good moring guys,,Lots media coverage,,i love it..
Wish the local papers would run with the stories or local radio.
ThisBuds4You
Member
Does anyone know how many patients a caregiver would be allowed??? This is great news for WI. I lived in Madison 10 years ago and I am contemplating a move back if this bill passes. Any help is much appreciated, thanks all.
Bill information is available online, but I think it is 5 person limit, with 12 plants per person? anyone else?
ThisBuds4You
Member
OK, I don't see any specifics on caregivers or the number of mature vs. immature plants one is allowed. Ahh! Anywho, I really hope this bill passes. If it does pass I will be moving back to WI in the spring Come on WI, you can do it!!!
--
TB4U
Come on WI, you can do it!!!--
TB4U
ThisBuds4You
Member
Apparently the WI proposed law will be very similar to what Michigan has put into place, pulled this from jrmma.org:
"The JRMMA is a comprehensive medical marijuana bill based on the law Michigan voters passed with a majority in every county in November 2008. It would cover the same debilitating conditions as Michigan does, with several additional conditions including post-traumatic stress disorder. The JRMMA offers hope for a quality of life for Wisconsin's veterans, seniors, sick, disabled and dying who can benefit from cannabis therapy. Medical Cannabis is health care!"
I'm going to start checking into the laws in MI. I really hope I get to move back to WI, I'd be so much closer to my family....
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TB4U
"The JRMMA is a comprehensive medical marijuana bill based on the law Michigan voters passed with a majority in every county in November 2008. It would cover the same debilitating conditions as Michigan does, with several additional conditions including post-traumatic stress disorder. The JRMMA offers hope for a quality of life for Wisconsin's veterans, seniors, sick, disabled and dying who can benefit from cannabis therapy. Medical Cannabis is health care!"
I'm going to start checking into the laws in MI. I really hope I get to move back to WI, I'd be so much closer to my family....
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TB4U
We miss you here also ThisBuds4You, come back home where you belong!
Let you friends and family back in WI know about this so they may register their voice of support for ther Dec 15th deadline date...Send them to the organized sites.
Hell, you can email your former legislators and let them know how things are in your state if medical marijuana is there, let them know you would love to move home.
Let you friends and family back in WI know about this so they may register their voice of support for ther Dec 15th deadline date...Send them to the organized sites.
Hell, you can email your former legislators and let them know how things are in your state if medical marijuana is there, let them know you would love to move home.
