Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1040

Introduced

2/1/24

Refer

2/1/24

Failed

4/15/24

Caption

Medical cannabis, granting rule-making authority, and providing a penalty. (FE)

Impact

The implementation of AB1040 significantly alters existing state laws regarding cannabis, moving from prohibition to a regulated system for medical cannabis. The bill decriminalizes the possession and distribution of medical cannabis, provided it complies with statutory requirements, thus reducing legal repercussions for patients and caregivers. It also explicitly states that local governments cannot impose regulations that conflict with state provisions on medical cannabis, centralizing authority and potentially leading to uniform practices across the state. This may streamline access for patients but raises questions about local governance and community concerns.

Summary

Assembly Bill 1040, known as the Medical Cannabis Regulation Act, establishes a comprehensive framework for the use, possession, and distribution of medical cannabis products in the state. The bill permits registered patients and their caregivers to possess and use medical cannabis, while also allowing state oversight through the creation of the Office of Medical Cannabis Regulation. This office is responsible for maintaining a patient and caregiver registry, overseeing dispensaries, and regulating the growing, processing, and testing industries related to medical cannabis. Conditions of use include specific medical requirements for registration and compliance with regulations during dispensary interactions.

Contention

Contentions surrounding AB1040 mainly revolve around issues of medical cannabis accessibility versus local control. Proponents argue that the bill ensures patients have necessary access to medical cannabis without the fear of legal consequences and that it provides a structured framework for dispensaries, thereby enhancing public health protections. Critics, however, express concerns that the centralized control could undermine the ability of local governments to manage cannabis activities according to their community needs. Additionally, the bill's provisions prohibiting any claims about the therapeutic effects of cannabis from dispensaries reflect ongoing debates about medical cannabis efficacy in many circles.

Latest AB1040 Activity

Companion Bills

No companion bills found.

Previously Filed As

WI AB393

Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

WI SB1

Fall workforce package, granting rule-making authority, making an appropriation, and providing a penalty. (FE)

WI SB445

Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

WI SB1104

Regulating and addressing PFAS, extending the time limit for emergency rule procedures, providing an exemption from rule-making procedures and emergency rule procedures, granting rule-making authority, making an appropriation, and providing a penalty. (FE)

WI SB486

Legalizing the possession of marijuana; medical marijuana; regulating the production, processing, and sale of marijuana; expunging or redesignating past convictions for marijuana-related crimes; equity grants; making an appropriation; and providing a penalty. (FE)

WI AB506

WI SB540

Prevailing wage, granting rule-making authority, and providing a penalty. (FE)

WI AB509

Prevailing wage, granting rule-making authority, and providing a penalty. (FE)

WI SB689

Licensure of dental therapists; extending the time limit for emergency rule procedures; providing an exemption from emergency rule procedures; providing an exemption from rule-making procedures; and granting rule-making authority. (FE)

WI AB257

Advanced practice registered nurses, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

Similar Bills

AZ SB1715

Hemp-derived manufactured impairing cannabinoids

KY HB136

AN ACT relating to medicinal cannabis and making an appropriation therefor.

PA SB835

In preliminary provisions, further providing for definitions; in program, further providing for program established, for confidentiality and public disclosure, for lawful use of medical marijuana and for unlawful use of medical marijuana; in practitioners, further providing for practitioner registration, for practitioner restrictions, for issuance of certification and for duration; in patients, further providing for identification cards, for verification and for contents of identification card; in medical marijuana organizations, further providing for granting of permit, for relocation and for limitations on permits; in medical marijuana controls, further providing for electronic tracking, for grower/processors, for storage and transportation, for laboratory and for prices and providing for recalls; in dispensaries, further providing for dispensing to patients and caregivers and for facility requirements; in tax on medical marijuana, further providing for Medical Marijuana Program Fund; in Medical Marijuana Advisory Board, further providing for advisory board; in research program, further providing for establishment of medical marijuana research program, for medical marijuana research program administration and for approval; in academic clinical research centers and clinical registrants, further providing for legislative findings and declaration of policy, for definitions and for clinical registrants and providing for termination of contract; and, in miscellaneous provisions, further providing for applicability.

KY SB47

AN ACT relating to medicinal cannabis.

KS SB135

Creating the medical cannabis regulation act to regulate the cultivation, processing, distribution, sale and use of medical cannabis.

KY HB829

AN ACT relating to medicinal cannabis and declaring an emergency.

PA HB2210

Providing for adult use cannabis; regulating the personal use and possession of cannabis; establishing the Cannabis Regulatory Control Board; providing for powers and duties of the Cannabis Regulatory Control Board; establishing the Cannabis Business Development Fund; providing for social and economic equity, for regulation of cannabis business establishments, for enforcement and immunities, for laboratory testing, for advertising, marketing, packaging and labeling and for preparation, destruction and regulation of cannabis and cannabis-infused edible and nonedible products; imposing a sales tax and excise tax on cannabis and cannabis-infused edible and nonedible products; establishing the Cannabis Regulation Fund; providing for cannabis clean slate and for miscellaneous provisions; imposing penalties; consolidating provisions relating to medical marijuana; transferring certain powers and duties of the Department of Health to the Cannabis Regulatory Control Board; in driving after imbibing alcohol or utilizing drugs, further providing for driving under influence of alcohol or controlled substance and for authorized use not a defense; and making repeals.