AB560,18,5
1(c) A physician, acting under s. 448.30, informs the person in writing that the
2use of tetrahydrocannabinols may help control or treat the condition or illness
3specified in par. (a), relieve any symptoms of or any pain caused by the condition or
4illness or relieve any side effects of conventional treatment that the person is
5receiving for the condition or illness.
AB560,18,10 6(5) (a) A person shall be presumed to have a defense under sub. (1), (2) or (3)
7if the person has been issued evidence of exemption under s. 139.885 from the
8occupational tax on material or plants containing tetrahydrocannabinols under
9subch. IV of ch. 139. The presumption under this paragraph may be rebutted by
10proof beyond a reasonable doubt of any of the following:
AB560,18,1211 1. That the conduct on which the prosecution is based is not within the scope
12of the exemption under s 139.885 (1).
AB560,18,1313 2. That the medical need no longer exists.
AB560,18,1914 (b) If a person has not been issued evidence of exemption under s. 139.885 from
15the occupational tax on material or plants containing tetrahydrocannabinols under
16subch. IV of ch. 139 and the existence of a defense under sub. (1), (2) or (3) has been
17placed in issue by the trial evidence, the state must prove beyond a reasonable doubt
18that the facts constituting the defense do not exist in order to sustain a finding of guilt
19under s. 961.41 (1) (b), (1m) (b) or (3g) (b), whichever is applicable.
AB560, s. 34 20Section 34. 961.46 (3) of the statutes is amended to read:
AB560,19,421 961.46 (3) If any person 17 years of age or over violates s. 961.41 (1) (b), (cm),
22(d), (e), (f), or (g) or (h) by distributing or delivering cocaine, cocaine base, heroin,
23phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
24methamphetamine, methcathinone or any form of tetrahydrocannabinols or, if the
25substance has a controlled substance analog,
a controlled substance analog of any of

1these substances to a person 17 years of age or under who is at least 3 years his or
2her junior, any applicable minimum and maximum fines and minimum and
3maximum periods of imprisonment under s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or
4(h)
are doubled.
AB560, s. 35 5Section 35. 961.465 (2) of the statutes is amended to read:
AB560,19,156 961.465 (2) If a person violates s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or (h)
7or (1m) (b), (cm), (d), (e), (f), or (g) or (h) by delivering, distributing or possessing with
8intent to deliver or distribute cocaine, cocaine base, heroin, phencyclidine, lysergic
9acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
10methcathinone or any form of tetrahydrocannabinols, or, if the substance has a
11controlled substance analog,
a controlled substance analog of any of these
12substances, to a prisoner within the precincts of any prison, jail or house of
13correction, any applicable minimum and maximum fines and minimum and
14maximum periods of imprisonment under s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or
15(h)
or (1m) (b), (cm), (d), (e), (f), or (g) or (h) are doubled.
AB560, s. 36 16Section 36. 961.48 (2) of the statutes is amended to read:
AB560,19,2517 961.48 (2) If any person is charged under sub. (2m) with a 2nd or subsequent
18offense under this chapter that is specified in s. 961.41 (1) (cm), (d), (e), (f), or (g) or
19(h)
, (1m) (cm), (d), (e), (f), or (g) or (h) or (3g) (a) 2., (c), or (d) or (e), and he or she is
20convicted of that 2nd or subsequent offense, any applicable minimum and maximum
21fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (cm),
22(d), (e), (f), or (g) or (h), (1m) (cm), (d), (e), (f), or (g) or (h) or (3g) (a) 2., (c), or (d) or
23(e)
are doubled. A person convicted of a 2nd or subsequent offense under s. 961.41
24(3g) (c), or (d) or (e) is guilty of a felony and the person may be imprisoned in state
25prison.
AB560, s. 37
1Section 37. 961.49 (1) of the statutes is amended to read:
AB560,20,152 961.49 (1) If any person violates s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or (h)
3by delivering or distributing, or violates s. 961.41 (1m) (b), (cm), (d), (e), (f), or (g) or
4(h)
by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin,
5phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
6methamphetamine, methcathinone or any form of tetrahydrocannabinols or, if the
7substance has a controlled substance analog,
a controlled substance analog of any of
8these substances while in or on the premises of a scattered-site public housing
9project, while in or on or otherwise within 1,000 feet of a state, county, city, village
10or town park, a jail or correctional facility, a multiunit public housing project, a
11swimming pool open to members of the public, a youth center or a community center,
12while in or on or otherwise within 1,000 feet of any private or public school premises
13or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01
14(56), the maximum term of imprisonment prescribed by law for that crime may be
15increased by 5 years.
AB560, s. 38 16Section 38. 961.49 (2) (a) of the statutes is amended to read:
AB560,21,617 961.49 (2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1)
18by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to
19deliver or distribute, a controlled substance included in schedule I or II or, a
20controlled substance analog of a controlled substance included in schedule I or II, or
21any form of tetrahydrocannabinols
while in or on the premises of a scattered-site
22public housing project, while in or on or otherwise within 1,000 feet of a state, county,
23city, village or town park, a jail or correctional facility, a multiunit public housing
24project, a swimming pool open to members of the public, a youth center or a
25community center, while in or on or otherwise within 1,000 feet of any private or

1public school premises or while in or on or otherwise within 1,000 feet of a school bus,
2as defined in s. 340.01 (56), the court shall sentence the person to at least 3 years in
3prison, but otherwise the penalties for the crime apply. Except as provided in s.
4961.438, the court shall not place the person on probation. The person is not eligible
5for parole until he or she has served at least 3 years, with no modification by the
6calculation under s. 302.11 (1).
AB560, s. 39 7Section 39. 961.49 (2) (b) of the statutes is amended to read:
AB560,21,158 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or
9distribution, or the possession with intent to deliver or distribute, of not more than
1025 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t) 961.18 (4) (c), or not
11more than 5 plants containing tetrahydrocannabinols, the court shall sentence the
12person to at least one year in prison, but otherwise the penalties for the crime apply.
13Except as provided in s. 961.438, the court shall not place the person on probation.
14The person is not eligible for parole until he or she has served at least one year, with
15no modification by the calculation under s. 302.11 (1).
AB560, s. 40 16Section 40. 961.495 of the statutes is amended to read:
AB560,22,9 17961.495 Possession or attempted possession of a controlled substance
18on or near certain places.
If any person violates s. 961.41 (3g) by possessing or
19attempting to possess a controlled substance included in schedule I or II or, a
20controlled substance analog of a controlled substance included in schedule I or II, or
21any form of tetrahydrocannabinols
while in or on the premises of a scattered-site
22public housing project, while in or on or otherwise within 1,000 feet of a state, county,
23city, village or town park, a jail or correctional facility, a multiunit public housing
24project, a swimming pool open to members of the public, a youth center or a
25community center, while in or on or otherwise within 1,000 feet of any private or

1public school premises or while in or on or otherwise within 1,000 feet of a school bus,
2as defined in s. 340.01 (56), the court shall, in addition to any other penalties that
3may apply to the crime, impose 100 hours of community service work for a public
4agency or a nonprofit charitable organization. The court shall ensure that the
5defendant is provided a written statement of the terms of the community service
6order and that the community service order is monitored. Any organization or
7agency acting in good faith to which a defendant is assigned pursuant to an order
8under this section has immunity from any civil liability in excess of $25,000 for acts
9or omissions by or impacting on the defendant.
AB560, s. 41 10Section 41. 961.55 (1) (d) 3. of the statutes is amended to read:
AB560,22,1211 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
12(3g) (b), (c), or (d) or (e); and
AB560, s. 42 13Section 42. 961.555 (2m) of the statutes is created to read:
AB560,22,2214 961.555 (2m) Medical necessity defense. (a) In an action to forfeit property
15seized under s. 961.55 based on the crime of manufacturing, distributing or
16delivering, or possessing with intent to manufacture, distribute or deliver,
17tetrahydrocannabinols, if the owner of the property has not been convicted of a crime
18which was the basis for the seizure of the property it is a defense to the forfeiture of
19the property that the property relates to the manufacture, distribution or delivery
20of, or to the possession with intent to manufacture, distribute or deliver,
21tetrahydrocannabinols to a person who has a medical need for
22tetrahydrocannabinols under s. 961.437 (4).
AB560,23,323 (b) In an action to forfeit property seized under s. 961.55 based on the crime of
24possessing tetrahydrocannabinols, if the owner of the property has not been
25convicted of a crime which was the basis for the seizure of the property it is a defense

1to the forfeiture of the property that the property relates to the possession of
2tetrahydrocannabinols by a person who has a medical need for
3tetrahydrocannabinols under s. 961.437 (4).
AB560,23,84 (c) The owner of property seized under s. 961.55 shall raise a defense under par.
5(a) or (b) in the answer to the complaint that he or she serves under sub. (2) (b). When
6a defense under par. (a) or (b) has been raised by the property owner in his or her
7answer, the state must, as part of the burden of proof specified in sub. (3), prove that
8the facts constituting the defense do not exist.
AB560, s. 43 9Section 43. 961.56 (1) of the statutes is amended to read:
AB560,23,1410 961.56 (1) It Except as provided in s. 961.437 (5), it is not necessary for the state
11to negate any exemption or exception in this chapter in any complaint, information,
12indictment or other pleading or in any trial, hearing or other proceeding under this
13chapter. The, and the burden of proof of any exemption or exception is upon the
14person claiming it.
AB560, s. 44 15Section 44. 971.365 of the statutes is amended to read:
AB560,23,19 16971.365 Crimes involving certain controlled substances. (1) (a) In any
17case under s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) involving more than one violation,
18all violations may be prosecuted as a single crime if the violations were pursuant to
19a single intent and design.
AB560,23,2220 (b) In any case under s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) involving more
21than one violation, all violations may be prosecuted as a single crime if the violations
22were pursuant to a single intent and design.
AB560,23,2523 (c) In any case under s. 961.41 (3g) (a) 2., (c), or (d) or (e) involving more than
24one violation, all violations may be prosecuted as a single crime if the violations were
25pursuant to a single intent and design.
AB560,24,4
1(2) An acquittal or conviction under sub. (1) does not bar a subsequent
2prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h), (1m)
3(cm), (d), (e), (f), or (g) or (h) or (3g) (a) 2., (c), or (d) or (e) on which no evidence was
4received at the trial on the original charge.
AB560, s. 45 5Section 45. Initial applicability.
AB560,24,76 (1) This act first applies to offenses occurring on the effective date of this
7subsection.
AB560,24,88 (End)
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