AB740-ASA1, s. 12 18Section 12. 349.02 (2) (b) 4. of the statutes is amended to read:
AB740-ASA1,10,2019 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m), 60.23
20(21), or 66.0107 (1) (bm).
AB740-ASA1, s. 13 21Section 13. 961.01 (1) of the statutes is renumbered 961.01 (1m).
AB740-ASA1, s. 14 22Section 14. 961.01 (1g) of the statutes is created to read:
AB740-ASA1,10,2423 961.01 (1g) "Adequate supply" means an amount of tetrahydrocannabinols
24that does not exceed what would be contained in 2.5 ounces of usable marijuana.
AB740-ASA1, s. 15 25Section 15. 961.01 (5m) of the statutes is created to read:
AB740-ASA1,11,2
1961.01 (5m) "Debilitating medical condition or treatment" means any of the
2following:
AB740-ASA1,11,53 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
4the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
5or the treatment of any of these conditions.
AB740-ASA1,11,86 (b) A chronic or debilitating disease or medical condition or the treatment of
7such a disease or condition that causes cachexia, severe pain, severe nausea,
8seizures, or severe and persistent muscle spasms.
AB740-ASA1,11,119 (c) Any other medical condition or any other treatment for a medical condition
10designated as a debilitating medical condition or treatment in rules promulgated by
11the department of health and family services under s. 961.436 (5).
AB740-ASA1, s. 16 12Section 16. 961.01 (11v) of the statutes is created to read:
AB740-ASA1,11,1313 961.01 (11v) "HIV" means any strain of human immunodeficiency virus.
AB740-ASA1, s. 17 14Section 17. 961.01 (14g) of the statutes is created to read:
AB740-ASA1,11,1615 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the
16following:
AB740-ASA1,11,1917 (a) The use of tetrahydrocannabinols by a qualifying patient to alleviate the
18symptoms or effects of the qualifying patient's debilitating medical condition or
19treatment.
AB740-ASA1,11,2220 (b) The acquisition, possession, or transportation of tetrahydrocannabinols by
21a qualifying patient if done to facilitate his or her use of tetrahydrocannabinols under
22par. (a).
AB740-ASA1,12,223 (c) The acquisition, possession, or transportation of tetrahydrocannabinols by
24a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols
25between a qualifying patient and his or her primary caregivers, or the transfer of

1tetrahydrocannabinols between persons who are primary caregivers for the same
2qualifying patient if all of the following apply:
AB740-ASA1,12,53 1. The acquisition, possession, transportation, or transfer of the
4tetrahydrocannabinols is done to facilitate the qualifying patient's use of
5tetrahydrocannabinols under par. (a) or (b).
AB740-ASA1,12,86 2. It is not practicable for the qualifying patient to acquire, possess, or transport
7the tetrahydrocannabinols independently, or the qualifying patient is under 18 years
8of age.
AB740-ASA1, s. 18 9Section 18. 961.01 (19m) of the statutes is created to read:
AB740-ASA1,12,1210 961.01 (19m) "Primary caregiver" means a person who is at least 18 years of
11age and who has agreed to help a qualifying patient in his or her medical use of
12tetrahydrocannabinols.
AB740-ASA1, s. 19 13Section 19. 961.01 (20hm) of the statutes is created to read:
AB740-ASA1,12,1714 961.01 (20hm) "Qualifying patient" means a person who has been diagnosed
15by a physician as having or undergoing a debilitating medical condition or treatment
16but does not include a person under the age of 18 years unless all of the following
17apply:
AB740-ASA1,12,2018 (a) The person's physician has explained the potential risks and benefits of the
19medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
20person having legal custody of the person.
AB740-ASA1,12,2221 (b) The parent, guardian, or person having legal custody provides the physician
22a written statement consenting to do all of the following:
AB740-ASA1,12,2323 1. Allow the person's medical use of tetrahydrocannabinols.
AB740-ASA1,12,2424 2. Serve as a primary caregiver for the person.
AB740-ASA1,12,2525 3. Manage the person's medical use of tetrahydrocannabinols.
AB740-ASA1, s. 20
1Section 20. 961.01 (20ht) of the statutes is created to read:
AB740-ASA1,13,32 961.01 (20ht) "Registry identification card" has the meaning given in s. 146.45
3(1) (g).
AB740-ASA1, s. 21 4Section 21. 961.01 (20t) of the statutes is created to read:
AB740-ASA1,13,65 961.01 (20t) "Treatment team" means a qualifying patient and his or her
6primary caregivers.
AB740-ASA1, s. 22 7Section 22. 961.01 (21g) of the statutes is created to read:
AB740-ASA1,13,118 961.01 (21g) "Usable marijuana" means the leaves, the flowers, the resin
9extracted from the leaves and flowers, and every compound, manufacture, salt,
10derivative, mixture, or preparation of the leaves, flowers, or resin, but does not
11include the seeds, stalks, or roots of plants of the genus Cannabis.
AB740-ASA1, s. 23 12Section 23. 961.436 of the statutes is created to read:
AB740-ASA1,13,17 13961.436 Medical use defense in cases involving
14tetrahydrocannabinols.
(1) A member of a qualifying patient's treatment team
15has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or
16possessing with intent to manufacture, tetrahydrocannabinols if all of the following
17apply:
AB740-ASA1,13,1918 (a) The manufacture or possession is a medical use of tetrahydrocannabinols
19by the treatment team.
AB740-ASA1,13,2020 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB740-ASA1,13,24 21(2) A member of a qualifying patient's treatment team has a defense to
22prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
23possessing with intent to distribute or deliver, tetrahydrocannabinols to another
24member of the treatment team if all of the following apply:
AB740-ASA1,14,2
1(a) The distribution, delivery, or possession is a medical use of
2tetrahydrocannabinols by the treatment team.
AB740-ASA1,14,33 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB740-ASA1,14,6 4(3) (a) Except as provided in par. (b), a member of a qualifying patient's
5treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
6following apply:
AB740-ASA1,14,87 1. The possession or attempted possession is a medical use of
8tetrahydrocannabinols by the treatment team.
AB740-ASA1,14,99 2. The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB740-ASA1,14,1110 (b) A person may not assert the defense described in par. (a) if, while he or she
11possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB740-ASA1,14,1412 1. The person drives or operates a motor vehicle while under the influence of
13tetrahydrocannabinols to a degree that renders him or her incapable of safely driving
14or operating the motor vehicle.
AB740-ASA1,14,1715 2. While under the influence of tetrahydrocannabinols, the person operates
16heavy machinery or engages in any other conduct that endangers the health or
17well-being of another person.
AB740-ASA1,14,1818 3. The person smokes marijuana in, on, or at any of the following places:
AB740-ASA1,14,1919 a. A school bus or a public transit vehicle.
AB740-ASA1,14,2020 b. The person's place of employment.
AB740-ASA1,14,2121 c. Public or private school premises.
AB740-ASA1,14,2222 d. A juvenile correctional facility.
AB740-ASA1,14,2323 e. A jail or adult correctional facility.
AB740-ASA1,14,2424 f. A public park, beach, or recreation center.
AB740-ASA1,14,2525 g. A youth center.
AB740-ASA1,15,1
14. The person has been convicted under s. 961.41 (1) (h) or (1m) (h).
AB740-ASA1,15,6 2(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
3registry identification card is presumptive evidence that the person identified on the
4card as a qualifying patient is a qualifying patient and that if the person uses
5tetrahydrocannabinols he or she does so to alleviate the symptoms or effects of his
6or her debilitating medical condition or treatment.
AB740-ASA1,15,8 7(5) (a) In this subsection, "department" means the department of health and
8family services.
AB740-ASA1,15,169 (b) Notwithstanding s. 227.12 (1), any person may petition the department to
10promulgate a rule to designate a medical condition or treatment as a debilitating
11medical condition or treatment. The department shall promulgate rules providing
12for public notice of and a public hearing regarding any such petition, with the public
13hearing providing persons an opportunity to comment upon the petition. After the
14hearing, but no later than 180 days after the submission of the petition, the
15department shall approve or deny the petition. The department's decision to approve
16or deny a petition is subject to judicial review under s. 227.52.
AB740-ASA1, s. 24 17Section 24. 961.555 (2) (a) of the statutes is amended to read:
AB740-ASA1,16,318 961.555 (2) (a) The Except as provided in par. (e), the district attorney of the
19county within which the property was seized shall commence the forfeiture action
20within 30 days after the seizure of the property, except that the defendant may
21request that the forfeiture proceedings be adjourned until after adjudication of any
22charge concerning a crime which was the basis for the seizure of the property. The
23request shall be granted
. The forfeiture action shall be commenced by filing a
24summons, complaint and affidavit of the person who seized the property with the
25clerk of circuit court, provided service of authenticated copies of those papers is made

1in accordance with ch. 801 within 90 days after filing upon the person from whom
2the property was seized and upon any person known to have a bona fide perfected
3security interest in the property.
AB740-ASA1, s. 25 4Section 25. 961.555 (2) (e) of the statutes is created to read:
AB740-ASA1,16,75 961.555 (2) (e) The court shall adjourn forfeiture proceedings until after
6adjudication of any charge concerning a crime that was the basis for the seizure of
7the property if any of the following applies:
AB740-ASA1,16,88 1. The defendant requests an adjournment.
AB740-ASA1,16,99 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
AB740-ASA1, s. 26 10Section 26. 961.555 (2m) of the statutes is created to read:
AB740-ASA1,16,1311 961.555 (2m) Medical necessity defense. (a) In an action to forfeit property
12seized under s. 961.55, the person who was in possession of the property when it was
13seized has a defense to the forfeiture of the property if any of the following applies:
AB740-ASA1,16,1614 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
15961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
16a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB740-ASA1,16,2017 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
18961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
19if the person had been, he or she would have had a valid defense under s. 961.436 (1),
20(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB740-ASA1,16,2521 (b) The owner of property seized under s. 961.55 who is raising a defense under
22par. (a) shall do so in the answer to the complaint that he or she serves under sub.
23(2) (b). If a property owner raises such a defense in his or her answer, the state must,
24as part of the burden of proof specified in sub. (3), prove that the facts constituting
25the defense do not exist.
AB740-ASA1, s. 27
1Section 27. 961.56 (1) of the statutes is amended to read:
AB740-ASA1,17,72 961.56 (1) It Except as provided in s. 961.555 (2m) (b) and except for any
3presumption arising under s. 961.436 (4) or 961.5755 (3), it
is not necessary for the
4state to negate any exemption or exception in this chapter in any complaint,
5information, indictment or other pleading or in any trial, hearing or other proceeding
6under this chapter. The, and the burden of proof of any exemption or exception is
7upon the person claiming it.
AB740-ASA1, s. 28 8Section 28. 961.5755 of the statutes is created to read:
AB740-ASA1,17,13 9961.5755 Medical use of marijuana defense in drug paraphernalia
10cases.
(1) (a) Except as provided in par. (b), a member of a treatment team has a
11defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the
12primary intent to use, drug paraphernalia only for the medical use of
13tetrahydrocannabinols by the treatment team.
AB740-ASA1,17,1514 (b) This subsection does not apply if, while the person uses, or possesses with
15the primary intent to use, drug paraphernalia, s. 961.436 (3) (b) 1., 2., 3., or 4. applies.
AB740-ASA1,17,20 16(2) A member of a treatment team has a defense to prosecution under s. 961.574
17(1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or
18manufactures with intent to deliver to another member of his or her treatment team
19drug paraphernalia, knowing that it will be primarily used for the medical use of
20tetrahydrocannabinols by the treatment team.
AB740-ASA1,17,25 21(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
22identification card is presumptive evidence that the person identified on the card as
23a qualifying patient is a qualifying patient and that, if the person uses
24tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of his
25or her debilitating medical condition or treatment.
AB740-ASA1, s. 29
1Section 29. 968.073 of the statutes is created to read:
AB740-ASA1,18,3 2968.073 Medical use of marijuana; arrest, prosecution, and other
3sanctions.
(1) Definitions. In this section:
AB740-ASA1,18,44 (a) "Adequate supply" has the meaning given in s. 961.01 (1g).
AB740-ASA1,18,65 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
6(14g).
AB740-ASA1,18,77 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB740-ASA1,18,88 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB740-ASA1,18,99 (e) "Registry identification card" has the meaning given in s. 146.45 (1) (g).
AB740-ASA1,18,1010 (f) "Treatment team" has the meaning given in s. 961.01 (20t).
AB740-ASA1,18,14 11(2) Limitations on arrests and prosecution; medical use of marijuana. Unless
12s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of a qualifying patient's treatment
13team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h),
14or (3g) (e) if all of the following apply:
AB740-ASA1,18,1615 (a) The person manufactures, distributes, delivers, or possesses
16tetrahydrocannabinols only for their medical use by the treatment team.
AB740-ASA1,18,1817 (b) The person possesses a copy of the qualifying patient's or primary
18caregiver's valid registry identification card.
AB740-ASA1,18,1919 (c) The quantity of tetrahydrocannabinols does not exceed an adequate supply.
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