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Wisconsin Legislature: SB534: Bill Text
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SB534: Bill Text
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2025 - 2026 LEGISLATURE
LRB-1726/1
JC/CH/MW/ES/MD:cdc
2025 SENATE BILL 534
October 15, 2025 - Introduced by Senators
Testin
and
Felzkowski
, cosponsored by Representatives
Snyder
,
Kaufert
,
Knodl
,
Melotik
and
Novak
. Referred to Committee on Health.
SB534,2,5
1
An Act
to repeal
961.385 (5) (b);
to renumber
450.07 (1m) and 943.895 (4);
to
2
renumber and amend
450.071 (1), 961.385 (1) (af), 961.385 (1) (aj) and
3
961.385 (5) (a);
to amend
15.01 (6), 59.54 (25) (a) (intro.), 66.0107 (1) (bm),
4
66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.1011 (1), 66.1201 (2m), 66.1213 (3),
5
66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1), 106.50 (1m) (h),
6
106.50 (1m) (nm), 106.50 (5m) (f) 1., 108.04 (5) (a) (intro.), 111.34 (1) (b),
7
175.60 (2) (b), 224.77 (1) (o), 234.29, 450.10 (1) (a) (intro.), 452.14 (3) (n),
8
961.38 (title), 961.385 (1) (ae), 961.385 (2) (intro.), 961.385 (2) (b), 961.385 (2)
9
(cm) 3. a., 961.385 (2) (cs) 1., 961.385 (2) (f), 961.385 (3) (b), 961.385 (6) (a) and
10
961.385 (6) (b);
to repeal and recreate
66.0418 (title);
to create
15.194 (2),
11
48.024, 66.0125 (1) (c), 66.0408 (4), 66.0418 (3), 77.54 (75), 94.57, 94.58, 97.29
12
(1) (h) 12r., 106.54 (6m), 111.32 (9m), 111.32 (12c), 111.34 (3), 224.30 (6),
13
chapter 259, 450.01 (16) (L), 450.03 (1) (eg) and (er), 450.07 (1m) (b), 450.071
1
(1) (b) 2., 767.445, 943.895 (4) (b), 961.01 (3u), 961.01 (12q), 961.01 (14g),
2
961.01 (20hm), 961.33, 961.38 (1p), 961.385 (1) (af) 2., 961.385 (1) (aj) 2.,
3
961.385 (2) (am), 961.385 (2) (bc), 961.385 (2) (ct), 961.55 (8) (c) and 961.571
4
(1) (b) 5. of the statutes;
relating to:
regulating medical cannabis, the
5
prescription drug monitoring program, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a program that allows a registered patient to possess and use medical cannabis products; allows designated caregivers to possess medical cannabis products on behalf of registered patients; licenses and regulates medical cannabis growers, processors, and testing laboratories; and licenses and regulates dispensaries that sell medical cannabis products. No person may possess, sell, transfer, or transport cannabis or medical cannabis products unless the person is licensed or registered as provided in the bill. Under the bill, “medical cannabis products” includes products in the form of concentrates, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids, and forms administered by a nebulizer but excludes cannabis in a form that can be smoked. The bill adds medical cannabis to certain provisions under the Prescription Drug Monitoring Program (PDMP) and eliminates the sunset of certain requirements under the PDMP. Major provisions of the bill are summarized as follows.
Office of Medical Cannabis Regulation
The bill creates the Office of Medical Cannabis Regulation to establish and manage the patient and caregiver registry (described below) and to oversee the dispensing of medical cannabis products. The office is attached to the Department of Health Services. The head of the office is a director who is appointed by the governor and confirmed by the senate to serve at the pleasure of the governor. If the position of director of the office remains vacant for a period of at least 90 days and the governor has not filled the vacancy, the bill directs the Joint Committee on Legislative Organization to appoint the director of the office.
DATCP duties
The bill requires the Department of Agriculture, Trade and Consumer Protection to oversee and regulate the growing of cannabis and the processing and testing of medical cannabis products. The bill provides that, subject to certain limitations outlined below, a person may obtain one or more licenses to grow, process, or test cannabis and medical cannabis products.
Cannabis grower licenses
The bill requires any person operating as a cannabis grower to obtain a license from DATCP and pay an annual fee of $10,000. To obtain a grower license, the applicant or at least 80 percent of the principal officers or board members of the applicant must be residents of this state. Further, neither the applicant nor any principal officer or board member of the applicant may have been convicted of any crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime. Additionally, neither the applicant nor any principal officer or board member of the applicant may have a financial interest in a licensed medical cannabis testing laboratory. The applicant must also submit to an inspection by DATCP of the applicant’s premises and demonstrate, to DATCP’s satisfaction, that there will be sufficient security features in place at the applicant’s facility.
Under the bill, a licensed grower may plant, grow, cultivate, and harvest cannabis; transport cannabis to or from any licensed grower, processor, or laboratory; transfer or sell cannabis to a licensed processor; and engage in any related activities that are necessary for the operation, such as possessing and storing cannabis. A licensed grower may not plant, grow, cultivate, or harvest cannabis for personal, family, or household use. A licensed grower may operate only within an enclosed, locked facility and only in a manner that does not allow any cannabis or operations to be visible to the general public. A licensed grower also may not identify its facility as a cannabis growing facility to the general public. The bill also prohibits licensed growers from advertising their services to the general public, with certain exceptions.
Medical cannabis processor licenses
The bill requires any person who processes cannabis into medical cannabis products to obtain a license from DATCP and pay an annual fee of $10,000. To obtain a medical cannabis processor license, the applicant or at least 80 percent of the principal officers or board members of the applicant must be residents of this state. Further, neither the applicant nor any principal officer or board member of the applicant may have been convicted of any crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime. Additionally, neither the applicant nor any principal officer or board member of the applicant may have a financial interest in a licensed medical cannabis testing laboratory. The applicant must also submit to an inspection by DATCP of the applicant’s premises and demonstrate, to DATCP’s satisfaction, that there will be sufficient security features in place at the applicant’s facility.
A licensed processor may obtain cannabis from a licensed grower; process cannabis into medical cannabis products; package and label medical cannabis products; transport cannabis or medical cannabis products to or from any licensed grower, processor, or laboratory; transfer, transport, or sell medical cannabis products to licensed dispensaries; and engage in any related activities that are necessary for the operation, such as possessing and storing cannabis. A licensed processor may operate only within an enclosed, locked facility and only in a manner that does not allow any cannabis, medical cannabis products, or operations to be visible to the general public. A licensed processor also may not identify its facility as a medical cannabis product processing facility to the general public. The bill also prohibits licensed processors from advertising their services to the general public, with certain exceptions. In addition, the bill provides that, when processing cannabis into medical cannabis products, a licensed processor must do so in a way that minimizes the products’ appeal to individuals under the age of 18.
Before transferring or transporting medical cannabis products to a dispensary, the bill requires a licensed processor to provide samples of each lot of medical cannabis product that it processes to a laboratory licensed by DATCP and receive certified test results of those samples showing the amount of all cannabinoids present in the lot of products and showing that the lot does not contain unsafe levels of any molds, pesticides, heavy metals, or any other harmful contaminant. Further, before selling or transferring medical cannabis products to a licensed dispensary, a licensed processor must package the medical cannabis products in child-resistant packaging and attach a label to the packaging that includes the grower’s name; the processor’s name; the testing laboratory’s name and the date of testing; the amount of all cannabinoids present in the medical cannabis product; the batch or lot number of the product; and a warning that using the product may have an intoxicating effect. Under the bill, no labeling or packaging of medical cannabis may include any claim that the consumption or use of medical cannabis may cure, mitigate, treat, or prevent any disease or medical condition.
The bill allows a licensed processor to contract with subcontractors to provide its services, but requires each subcontractor to obtain a separate license from DATCP. In addition, the bill provides that a licensed processor is not required to obtain a food processing plant license.
Medical cannabis testing laboratory licenses
The bill requires any person who conducts testing on medical cannabis products to obtain a license from DATCP and pay an annual fee of $5,000. To obtain a medical cannabis testing laboratory license, the applicant or at least 80 percent of the principal officers or board members of the applicant must be residents of this state. Further, neither the applicant nor any principal officer or board member of the applicant may have been convicted of any crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime. Additionally, neither the applicant nor any principal officer or board member of the applicant may have a financial interest in a licensed medical cannabis grower, processor, or dispensary. The applicant must also submit to an inspection by DATCP of the applicant’s premises and demonstrate, to DATCP’s satisfaction, that there will be sufficient security features in place at the applicant’s facility.
A licensed medical cannabis testing laboratory may obtain medical cannabis products from a licensed processor; test medical cannabis products; and transport medical cannabis products to or from a licensed grower, processor, laboratory, or dispensary. When testing medical cannabis products, a laboratory must test the products for the amount of all cannabinoids present in the products and for the levels of any of molds, pesticides, heavy metals, or other harmful contaminants. A licensed laboratory may operate only within an enclosed, locked facility and only in a manner that does not allow any cannabis, medical cannabis products, or operations to be visible to the general public. A licensed laboratory also may not identify its facility as a cannabis testing laboratory to the general public. The bill also prohibits licensed laboratories from advertising their services to the general public, with certain exceptions.
Confidentiality requirements for grower, processor, and laboratory licensees and applicants
The bill requires DATCP to keep certain information confidential, including information relating to the locations of proposed or existing cannabis growers, medical cannabis processors, and medical cannabis testing laboratories; personal information about grower, processor, and laboratory licensees or applicants, other than a licensee’s or applicant’s name; information obtained as a result of any criminal history search; and any other information that could create a security risk if disclosed.
DATCP enforcement and penalties
The bill authorizes DATCP to conduct investigations, hold hearings, and make findings as to whether a person has violated any provisions of this bill relating to the regulation of cannabis growing, processing, and testing. Under the bill, if DATCP determines that a licensed cannabis grower, medical cannabis processor, or medical cannabis testing laboratory has negligently violated any applicable requirements, DATCP may establish a plan to correct the violation. That plan must include a reasonable date by which the licensee must correct the negligent violation and a requirement that the licensee periodically report to DATCP on the licensee’s compliance with the plan for at least the following two years.
The bill allows DATCP to suspend or revoke the license of any licensee that violates any applicable requirement under the bill. Under the bill, a person who violates any applicable requirement may be required to forfeit between $200 and $5,000 or, for an offense committed within five years of an offense for which a penalty has already been assessed, between $400 and $10,000. In addition, under the bill, any person who violates any applicable requirements by fraud must be fined between $2,000 and $10,000.
Patient and caregiver registry
The bill requires the Office of Medical Cannabis Regulation (office) to create and maintain a registry that includes all patients and caregivers authorized to purchase and possess medical cannabis products. To be included on the registry as a patient, an individual must be a permanent resident of this state; must not be on parole, probation, or extended supervision; and must have written confirmation from a prescriber that the prescriber established a bona fide relationship with the patient, met with the patient in person, and determined to a reasonable degree of medical certainty that the patient has a medical condition that qualifies the patient for inclusion on the patient and caregiver registry. Conditions that qualify an individual for inclusion on the patient and caregiver registry are enumerated in the bill and include cancer, seizures or epilepsy, glaucoma, severe chronic pain, severe muscle spasms, severe chronic nausea, Parkinson’s disease, multiple sclerosis, inflammatory bowel disease, and any terminal illness with a probable life expectancy of less than one year. Written confirmation from a prescriber that a patient has a medical condition that qualifies the patient for inclusion on the patient and caregiver registry is valid for two years from the day that the prescriber confirms that the patient has the medical condition, at which point the patient must obtain a renewed confirmation that the patient continues to have a medical condition that qualifies the patient for further inclusion on the registry. The bill provides that no prescriber may be required to issue written confirmations as a condition of employment or relationship, and makes violations of this prohibition enforceable through the complaint and remedy process under the Fair Employment Law. The bill also prohibits a prescriber from advertising to the general public that he or she may provide a written confirmation that a patient has a medical condition that qualifies the patient for inclusion on the patient and caregiver registry.
To be included on the registry as a patient, an individual must also prove that he or she is at least 18 years old or, if the patient is under 18, must provide written consent from all of the individual’s parents or, if legal custody of the individual has been awarded by a court, from all persons awarded legal custody of the individual.
The fee for inclusion on the patient and caregiver registry as a patient is $20 per year. The office must issue a registry identification card and unique identification code to every patient and caregiver who is included on the registry.
A patient included on the patient and caregiver registry may designate up to three caregivers who may purchase and possess medical cannabis products on the patient’s behalf. When designating caregivers for a patient, the patient must submit a complete list of caregivers with the names and addresses of each caregiver and an affirmation that each caregiver has consented to act as the patient’s caregiver. No person may act as a caregiver unless the person is 21 years of age or older, is a resident of the state, and has not been convicted of any crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime. If the patient is under the age of 18, the office must designate the patient’s parents or guardians as the patient’s caregivers, unless the patient’s parents or guardians do not qualify as caregivers, and the patient’s parents or guardians may designate one additional caregiver. No person may act as a caregiver for more than five patients, unless the individual is an employee of a residential care facility. The bill requires the office to conduct a background check of every caregiver before adding the caregiver to the registry. The bill provides that any individual who is a caregiver may revoke his or her consent to act as a patient’s caregiver at any time and remove himself or herself from the registry by submitting a written statement to the office to that effect.
A patient who holds a valid registry identification card may use medical cannabis products. The bill also provides that a patient and the patient’s caregiver may possess medical cannabis products obtained from a licensed dispensary at the patient’s or caregiver’s residence, between the dispensary and the patient’s or caregiver’s residence, between the patient’s residence and the caregiver’s residence, and between the patient’s residences if the patient has more than one residence. Under the bill, a patient’s residence includes any temporary accommodation if the patient intends to or does stay at the temporary accommodation overnight.
Under the bill, the office must remove a patient from the patient and caregiver registry under certain conditions, including that the patient has not paid the annual fee; the patient fails to submit written confirmation that the patient continues to have a condition that qualifies the patient for inclusion on the registry prior to the expiration of the previous written confirmation; the patient has been convicted of a violation of certain controlled substances laws; the patient has been convicted of any felony; the patient has violated any provision of the medical cannabis laws or regulations by fraud; the patient is no longer a resident of the state; or the patient voluntarily requests to be removed from the registry. Further, the office must remove a caregiver from the patient and caregiver registry if the caregiver has been convicted of any crime, the caregiver has violated any provision of the medical cannabis laws or regulations by fraud, the caregiver is no longer a resident of the state, or the caregiver voluntarily requests to be removed from the registry. If a patient is removed from the patient and caregiver registry, the office must remove any caregivers designated for that patient from the patient and caregiver registry unless the caregiver is a caregiver for another patient who is on the patient and caregiver registry.
Medical cannabis dispensaries
Under the bill, no person other than a dispensary that has a license issued by the office and pays an annual fee of $5,000 may sell or transfer medical cannabis products to patients and caregivers. The bill requires the office to prioritize and expedite its review of license applications for dispensaries that will provide geographic diversity and availability of licensed dispensaries in this state.
To obtain a medical cannabis dispensary license, the applicant or at least 80 percent of the principal officers or board members of the applicant must be residents of this state. Further, neither the applicant nor any principal officer or board member of the applicant may have been convicted of any crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime. Additionally, neither the applicant nor any principal officer or board member of the applicant may have a financial interest in a licensed medical cannabis testing laboratory. The applicant must also submit to an inspection by the office of the applicant’s premises and demonstrate, to the office’s satisfaction, that there will be sufficient security features in place at the applicant’s facility.
Under the bill, a licensed dispensary may obtain packaged and labeled medical cannabis products from licensed processors and dispense medical cannabis products to patients and caregivers who present photo identification and a valid registry identification card.
Before a dispensary may dispense medical cannabis products to a patient or a patient’s caregiver for a patient who has never been dispensed medical cannabis products in this state, the dispensary must direct a pharmacist who is employed by the dispensary to consult with the patient or the patient’s caregiver and review the patient’s records under the PDMP. Before a dispensary may dispense medical cannabis products to a patient or a patient’s caregiver for a patient who has previously been dispensed medical cannabis products in this state, the bill requires a qualified pharmacist who is employed by the dispensary to offer to consult with the patient or the patient’s caregiver. After a consultation, if the patient has never been dispensed medical cannabis products in this state, the pharmacist must recommend a daily dosage for the patient and record the recommended daily dosage in the patient and caregiver registry. A patient who has never been dispensed medical cannabis products in this state may be dispensed not more than a 30-day supply of medical cannabis products. After receiving an initial 30-day supply, a dispensary may dispense not more than a 90-day supply of medical cannabis products. If the patient has previously been recommended a daily dosage, a consulting pharmacist may update the patient’s recommended daily dosage. If a pharmacist recommends a new daily dosage for a patient, the pharmacist must record the updated recommendation in the patient and caregiver registry. No dispensary may dispense any medical cannabis products to a patient or caregiver for a patient who, based on the amount of medical cannabis products previously dispensed and the patient’s recommended daily dosage, has or should have a supply of medical cannabis products for more than seven days.
The bill prohibits dispensaries or dispensary employees from claiming that medical cannabis may cure, mitigate, treat, or prevent any disease or medical condition. The bill also prohibits licensed dispensaries from advertising their services to the general public, with certain exceptions.
Prescription drug monitoring program
Current law requires the Controlled Substances Board to establish a PDMP that requires pharmacies and health care practitioners to generate records documenting the dispensing of monitored prescription drugs. Records from the PDMP may be disclosed to persons specified under current law.
Subject to exceptions, current law requires that a patient’s records under the PDMP be reviewed before a practitioner issues a prescription order for a monitored prescription drug for the patient. Current law also requires the board to conduct a quarterly review of the PDMP to evaluate the actual outcomes of the PDMP compared with projected outcomes. However, these requirements are both subject to a sunset under current law and do not apply after specified dates in the year 2030.
The bill does the following:
1. Requires records to be generated for the PDMP documenting the dispensing of medical cannabis product.
2. Requires the review of a registered patient’s PDMP records by a dispensary pharmacist before a medical cannabis product is dispensed to the registered patient.
3. Adds medical cannabis to various other PDMP provisions.
4. Eliminates the sunset of the requirements under the PDMP that are scheduled for dates in the year 2030. Under the bill, therefore, these requirements do not sunset and remain in effect.
Seed-to-sale database and inventory tracking system
The bill requires DATCP to establish and maintain, or to contract with a third party to establish and maintain, a statewide seed-to-sale database capable of tracking cannabis and medical cannabis products from the time a cannabis seed, seedling, or clone is planted by a licensed grower to the time a medical cannabis product is sold by a licensed dispensary to a registered patient or caregiver.
The bill also requires licensed growers, processors, laboratories, and dispensaries to enter specific information into the statewide database, either directly or through a third-party inventory control and tracking system, including all transactions, current inventory, and any loss or theft, plant or product destruction, or adverse patient responses.
Criminal provisions
The bill decriminalizes the possession, manufacture, distribution, and delivery of medical cannabis products, if that possession, manufacture, distribution, or delivery is done in compliance with the medical cannabis program established under the bill.
Under current law, it is illegal to possess, manufacture, distribute, or deliver marijuana. The bill authorizes the possession, distribution, or delivery of medical cannabis products by a patient or caregiver that is included in the patient and caregiver registry if 1) the possession, distribution, or delivery of medical cannabis products is for the use by the patient in accordance with the provisions of this bill; 2) the medical cannabis products are obtained from a licensed dispensary; 3) the amount of medical cannabis product does not exceed the amount specified for the patient; 4) the patient or caregiver is carrying his or her registry identification card; and 5) the medical cannabis product is possessed at the patient’s or caregiver’s residence, between the dispensary and the patient’s or caregiver’s residence, between patient’s and the caregiver’s residence, or between the patient’s residences if the patient has more than one residence. The bill also authorizes a licensed grower, processor, laboratory, or dispensary, or an employee of such a licensee, to possess, manufacture, distribute, or deliver cannabis or medical cannabis products if it is done in the usual course of business or employment.
Current law also prohibits the possession, manufacture, delivery, or advertising of drug paraphernalia. The bill also excludes from the definition of drug paraphernalia any object used, designed for use, or primarily intended for use by a patient in compliance with the medical cannabis program established under the bill.
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