SB10-ASA1,18,1813
767.41
(5) (am) (intro.) Subject to pars. (bm)
and, (c),
and (d), in determining
14legal custody and periods of physical placement, the court shall consider all facts
15relevant to the best interest of the child. The court may not prefer one parent or
16potential custodian over the other on the basis of the sex or race of the parent or
17potential custodian. Subject to pars. (bm)
and, (c),
and (d), the court shall consider
18the following factors in making its determination:
SB10-ASA1,21
19Section 21
. 767.41 (5) (d) of the statutes is created to read:
SB10-ASA1,19,220
767.41
(5) (d) The court may not consider as a factor in determining the legal
21custody of a child whether a parent or potential custodian holds, or has applied for,
22a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
23of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified
24patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01
1(19m), unless the parent or potential custodian's behavior creates an unreasonable
2danger to the child that can be clearly articulated and substantiated.
SB10-ASA1,22
3Section
22. 767.451 (5m) (a) of the statutes is amended to read:
SB10-ASA1,19,74
767.451
(5m) (a) Subject to pars. (b)
and, (c),
and (d), in all actions to modify
5legal custody or physical placement orders, the court shall consider the factors under
6s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
7a manner consistent with s. 767.41.
SB10-ASA1,23
8Section 23
. 767.451 (5m) (d) of the statutes is created to read:
SB10-ASA1,19,169
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
10consider as a factor in making a determination whether a parent or potential
11custodian holds, or has applied for, a registry identification card, as defined in s.
12146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
13961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or
14a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential
15custodian's behavior creates an unreasonable danger to the child that can be clearly
16articulated and substantiated.
SB10-ASA1,24
17Section 24
. 961.01 (3) of the statutes is created to read:
SB10-ASA1,19,1918
961.01
(3) “Bona fide practitioner-patient relationship" means a relationship
19between the practitioner and the patient that includes all of the following:
SB10-ASA1,19,2220
(a) An assessment of the patient's medical history and current medical
21condition by the practitioner, including an in-person physical examination if
22appropriate.
SB10-ASA1,19,2423
(b) A consultation between the practitioner and the patient with respect to the
24patient's debilitating medical condition or treatment.
SB10-ASA1,20,2
1(c) Availability by the practitioner to provide follow-up care and treatment to
2the patient, including patient examinations.
SB10-ASA1,25
3Section
25. 961.01 (5m) of the statutes is created to read:
SB10-ASA1,20,54
961.01
(5m) “Debilitating medical condition or treatment" means any of the
5following:
SB10-ASA1,20,106
(a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
7the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
8Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
9lateral sclerosis, nail patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
10stress disorder, or the treatment of these conditions.
SB10-ASA1,20,1411
(b) A chronic or debilitating disease or medical condition or the treatment of
12such a disease or condition that causes cachexia, severe pain, severe nausea,
13seizures, including those characteristic of epilepsy, or severe and persistent muscle
14spasms, including those characteristic of multiple sclerosis.
SB10-ASA1,20,1715
(c) Any other medical condition or any other treatment for a medical condition
16designated as a debilitating medical condition or treatment in rules promulgated by
17the department of health services under s. 961.436 (5).
SB10-ASA1,26
18Section
26. 961.01 (11v) of the statutes is created to read:
SB10-ASA1,20,2019
961.01
(11v) “HIV" means any strain of human immunodeficiency virus, which
20causes acquired immunodeficiency syndrome.
SB10-ASA1,27
21Section 27
. 961.01 (12v) of the statutes is created to read:
SB10-ASA1,20,2422
961.01
(12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor
23area that is lockable, or may use a security device, to permit access only by a member
24of a qualifying patient's treatment team.
SB10-ASA1,28
25Section
28. 961.01 (14c) of the statutes is created to read:
SB10-ASA1,21,2
1961.01
(14c) “Maximum authorized amount" means 12 live marijuana plants
2and 3 ounces of usable marijuana.
SB10-ASA1,29
3Section
29. 961.01 (14g) of the statutes is created to read:
SB10-ASA1,21,54
961.01
(14g) “Medical use of tetrahydrocannabinols" means any of the
5following:
SB10-ASA1,21,86
(a) The use of tetrahydrocannabinols in any form by a qualifying patient to
7alleviate the symptoms or effects of the qualifying patient's debilitating medical
8condition or treatment.
SB10-ASA1,21,119
(b) The acquisition, possession, cultivation, or transportation of
10tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
11her use of the tetrahydrocannabinols under par. (a).
SB10-ASA1,21,1712
(c) The acquisition, possession, cultivation, or transportation of
13tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
14the transfer of tetrahydrocannabinols in any form between a qualifying patient and
15his or her primary caregivers, or the transfer of tetrahydrocannabinols in any form
16between persons who are primary caregivers for the same qualifying patient if all of
17the following apply:
SB10-ASA1,21,2018
1. The acquisition, possession, cultivation, transportation, or transfer of the
19tetrahydrocannabinols is done to facilitate the qualifying patient's use of
20tetrahydrocannabinols under par. (a) or (b).
SB10-ASA1,21,2321
2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
22or transport the tetrahydrocannabinols independently, or the qualifying patient is
23under 18 years of age.
SB10-ASA1,30
24Section 30
. 961.01 (17k) of the statutes is created to read:
SB10-ASA1,22,2
1961.01
(17k) “Out-of-state registry identification card" has the meaning given
2in s. 146.44 (1) (cm).
SB10-ASA1,31
3Section
31. 961.01 (19m) of the statutes is created to read:
SB10-ASA1,22,74
961.01
(19m) “Primary caregiver" means a person who is at least 21 years of
5age, who would not be denied, under s. 146.44 (3), a registry identification card, and
6who has agreed to help a qualifying patient in his or her medical use of
7tetrahydrocannabinols.
SB10-ASA1,32
8Section
32. 961.01 (20hm) of the statutes is created to read:
SB10-ASA1,22,129
961.01
(20hm) “Qualifying patient" means a person who has been diagnosed
10in the course of a bona fide practitioner-patient relationship as having or undergoing
11a debilitating medical condition or treatment but does not include a person under the
12age of 18 years unless all of the following apply:
SB10-ASA1,22,1513
(a) The person's practitioner has explained the potential risks and benefits of
14the medical use of tetrahydrocannabinols to the person and to a parent, guardian,
15or person having legal custody of the person.
SB10-ASA1,22,1716
(b) The parent, guardian, or person having legal custody provides the
17practitioner a written statement consenting to do all of the following:
SB10-ASA1,22,1818
1. Allow the person's medical use of tetrahydrocannabinols.
SB10-ASA1,22,1919
2. Serve as a primary caregiver for the person.
SB10-ASA1,22,2020
3. Manage the person's medical use of tetrahydrocannabinols.
SB10-ASA1,33
21Section
33. 961.01 (20ht) of the statutes is created to read:
SB10-ASA1,22,2322
961.01
(20ht) “Registry identification card" has the meaning given in s. 146.44
23(1) (g).
SB10-ASA1,34
24Section
34. 961.01 (20t) of the statutes is created to read:
SB10-ASA1,23,2
1961.01
(20t) “Treatment team" means a qualifying patient and his or her
2primary caregivers.
SB10-ASA1,35
3Section 35
. 961.01 (21f) of the statutes is created to read:
SB10-ASA1,23,64
961.01
(21f) “Usable marijuana" means marijuana leaves or flowers but does
5not include seeds, stalks, or roots or any ingredients combined with the leaves or
6flowers.
SB10-ASA1,36
7Section
36. 961.01 (21t) of the statutes is created to read:
SB10-ASA1,23,98
961.01
(21t) “Written certification" means a statement made by a person's
9practitioner if all of the following apply:
SB10-ASA1,23,1310
(a) The statement indicates that, in the practitioner's professional opinion, the
11person has or is undergoing a debilitating medical condition or treatment and the
12potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a)
13would likely outweigh the health risks for the person.
SB10-ASA1,23,1514
(b) The statement indicates that the opinion described in par. (a) was made in
15the course of a bona fide practitioner-patient relationship.
SB10-ASA1,23,1716
(c) The statement is signed by the practitioner or is contained in the person's
17medical records.
SB10-ASA1,37
18Section
37. 961.436 of the statutes is created to read:
SB10-ASA1,23,23
19961.436 Medical use defense in cases involving
20tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team
21has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or
22possessing with intent to manufacture, tetrahydrocannabinols if all of the following
23apply:
SB10-ASA1,23,2524
(a) The manufacture or possession is a medical use of tetrahydrocannabinols
25by the treatment team.
SB10-ASA1,24,2
1(b) The amount of tetrahydrocannabinols does not exceed the maximum
2authorized amount.
SB10-ASA1,24,53
(c) Any live marijuana plants are in a lockable, enclosed facility unless a
4member of a qualifying patient's treatment team is accessing the plants or has the
5plants in his or her possession.
SB10-ASA1,24,76
(d) If the member is a primary caregiver, he or she is not a primary caregiver
7to more than 5 qualifying patients.
SB10-ASA1,24,11
8(2) A member of a qualifying patient's treatment team has a defense to
9prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
10possessing with intent to distribute or deliver, tetrahydrocannabinols to another
11member of the treatment team if all of the following apply:
SB10-ASA1,24,1312
(a) The distribution, delivery, or possession is a medical use of
13tetrahydrocannabinols by the treatment team.
SB10-ASA1,24,1514
(b) The amount of tetrahydrocannabinols does not exceed the maximum
15authorized amount.
SB10-ASA1,24,1816
(c) Any live marijuana plants are in a lockable, enclosed facility unless a
17member of a qualifying patient's treatment team is accessing the plants or has the
18plants in his or her possession.
SB10-ASA1,24,2019
(d) If the member is a primary caregiver, he or she is not a primary caregiver
20to more than 5 qualifying patients.
SB10-ASA1,24,23
21(3) (a) Except as provided in par. (b), a member of a qualifying patient's
22treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
23following apply:
SB10-ASA1,24,2524
1. The possession or attempted possession is a medical use of
25tetrahydrocannabinols by the treatment team.
SB10-ASA1,25,2
12. The amount of tetrahydrocannabinols does not exceed the maximum
2authorized amount.
SB10-ASA1,25,53
3. Any live marijuana plants are in a lockable, enclosed facility unless a
4member of a qualifying patient's treatment team is accessing the plants or has the
5plants in his or her possession.
SB10-ASA1,25,76
4. If the member is a primary caregiver, he or she is not a primary caregiver
7to more than 5 qualifying patients.
SB10-ASA1,25,98
(b) A person may not assert the defense described in par. (a) if, while he or she
9possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
SB10-ASA1,25,1210
1. The person drives or operates a motor vehicle while under the influence of
11tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
12with s. 346.63 (1).
SB10-ASA1,25,1513
2. While under the influence of tetrahydrocannabinols, the person operates
14heavy machinery or engages in any other conduct that endangers the health or
15well-being of another person.
SB10-ASA1,25,1616
3. The person smokes marijuana in, on, or at any of the following places:
SB10-ASA1,25,1717
a. A school bus or a public transit vehicle.
SB10-ASA1,25,1818
b. The person's place of employment.
SB10-ASA1,25,1919
c. Public or private school premises.
SB10-ASA1,25,2020
d. A juvenile correctional facility.
SB10-ASA1,25,2121
e. A jail or adult correctional facility.
SB10-ASA1,25,2222
f. A public park, beach, or recreation center.
SB10-ASA1,25,2323
g. A youth center.
SB10-ASA1,26,5
24(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
25registry identification card, a valid out-of-state registry identification card, or a
1written certification is presumptive evidence that the person identified on the card
2as a qualifying patient or the subject of the written certification is a qualifying
3patient and that, if the person uses tetrahydrocannabinols, he or she does so to
4alleviate the symptoms or effects of his or her debilitating medical condition or
5treatment.
SB10-ASA1,26,14
6(5) Notwithstanding s. 227.12 (1), any person may petition the department of
7health services to promulgate a rule to designate a medical condition or treatment
8as a debilitating medical condition or treatment. The department of health services
9shall promulgate rules providing for public notice of and a public hearing regarding
10any such petition, with the public hearing providing persons an opportunity to
11comment upon the petition. After the hearing, but no later than 180 days after the
12submission of the petition, the department of health services shall approve or deny
13the petition. The department of health service's decision to approve or deny a
14petition is subject to judicial review under s. 227.52.
SB10-ASA1,38
15Section
38. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
16amended to read:
SB10-ASA1,26,2017
961.55
(8) (intro.) The failure, upon demand by any officer or employee
18designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
19premises upon which the species of plants are growing or being stored, to produce
an 20any of the following constitutes authority for the seizure and forfeiture of the plants:
SB10-ASA1,26,22
21(a) An appropriate federal registration, or proof that the person is the holder
22thereof
, constitutes authority for the seizure and forfeiture of the plants.
SB10-ASA1,39
23Section
39. 961.55 (8) (b) of the statutes is created to read:
SB10-ASA1,26,2524
961.55
(8) (b) A valid registry identification card or a valid out-of-state
25registry identification card.
SB10-ASA1,40
1Section
40. 961.55 (8) (c) of the statutes is created to read:
SB10-ASA1,27,32
961.55
(8) (c) The person's written certification, if the person is a qualifying
3patient.
SB10-ASA1,41
4Section
41. 961.55 (8) (d) of the statutes is created to read: