AB560: Bill Text

AB560,18,5 (c) A physician, acting under s. 448.30, informs the person in writing that the use of tetrahydrocannabinols may help control or treat the condition or illness specified in par. (a), relieve any symptoms of or any pain caused by the condition or illness or relieve any side effects of conventional treatment that the person is receiving for the condition or illness.

AB560,18,10 (5) (a) A person shall be presumed to have a defense under sub. (1), (2) or (3) if the person has been issued evidence of exemption under s. 139.885 from the occupational tax on material or plants containing tetrahydrocannabinols under subch. IV of ch. 139. The presumption under this paragraph may be rebutted by proof beyond a reasonable doubt of any of the following:

AB560,18,12 1. That the conduct on which the prosecution is based is not within the scope of the exemption under s 139.885 (1).

AB560,18,13 2. That the medical need no longer exists.

AB560,18,19 (b) If a person has not been issued evidence of exemption under s. 139.885 from the occupational tax on material or plants containing tetrahydrocannabinols under subch. IV of ch. 139 and the existence of a defense under sub. (1), (2) or (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense do not exist in order to sustain a finding of guilt under s. 961.41 (1) (b), (1m) (b) or (3g) (b), whichever is applicable.

AB560, s. 34 Section 34. 961.46 (3) of the statutes is amended to read:

AB560,19,4 961.46 (3) If any person 17 years of age or over violates s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or (h) by distributing or delivering cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or, if the substance has a controlled substance analog, a controlled substance analog of any of these substances to a person 17 years of age or under who is at least 3 years his or her junior, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or (h) are doubled.

AB560, s. 35 Section 35. 961.465 (2) of the statutes is amended to read:

AB560,19,15 961.465 (2) If a person violates s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or (h) or (1m) (b), (cm), (d), (e), (f), or (g) or (h) by delivering, distributing or possessing with intent to deliver or distribute cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols, or, if the substance has a controlled substance analog, a controlled substance analog of any of these substances, to a prisoner within the precincts of any prison, jail or house of correction, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or (h) or (1m) (b), (cm), (d), (e), (f), or (g) or (h) are doubled.

AB560, s. 36 Section 36. 961.48 (2) of the statutes is amended to read:

AB560,19,25 961.48 (2) If any person is charged under sub. (2m) with a 2nd or subsequent offense under this chapter that is specified in s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h), (1m) (cm), (d), (e), (f), or (g) or (h) or (3g) (a) 2., (c), or (d) or (e), and he or she is convicted of that 2nd or subsequent offense, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h), (1m) (cm), (d), (e), (f), or (g) or (h) or (3g) (a) 2., (c), or (d) or (e) are doubled. A person convicted of a 2nd or subsequent offense under s. 961.41 (3g) (c), or (d) or (e) is guilty of a felony and the person may be imprisoned in state prison.

AB560, s. 37 Section 37. 961.49 (1) of the statutes is amended to read:

AB560,20,15 961.49 (1) If any person violates s. 961.41 (1) (b), (cm), (d), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (b), (cm), (d), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or, if the substance has a controlled substance analog, a controlled substance analog of any of these substances while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years.

AB560, s. 38 Section 38. 961.49 (2) (a) of the statutes is amended to read:

AB560,21,6 961.49 (2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1) by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or distribute, a controlled substance included in schedule I or II or, a controlled substance analog of a controlled substance included in schedule I or II, or any form of tetrahydrocannabinols while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall sentence the person to at least 3 years in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The person is not eligible for parole until he or she has served at least 3 years, with no modification by the calculation under s. 302.11 (1).

AB560, s. 39 Section 39. 961.49 (2) (b) of the statutes is amended to read:

AB560,21,15 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or distribution, or the possession with intent to deliver or distribute, of not more than 25 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t) 961.18 (4) (c), or not more than 5 plants containing tetrahydrocannabinols, the court shall sentence the person to at least one year in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The person is not eligible for parole until he or she has served at least one year, with no modification by the calculation under s. 302.11 (1).

AB560, s. 40 Section 40. 961.495 of the statutes is amended to read:

AB560,22,9 961.495 Possession or attempted possession of a controlled substance on or near certain places. If any person violates s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II or, a controlled substance analog of a controlled substance included in schedule I or II, or any form of tetrahydrocannabinols while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

AB560, s. 41 Section 41. 961.55 (1) (d) 3. of the statutes is amended to read:

AB560,22,12 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41 (3g) (b), (c), or (d) or (e); and

AB560, s. 42 Section 42. 961.555 (2m) of the statutes is created to read:

AB560,22,22 961.555 (2m) Medical necessity defense. (a) In an action to forfeit property seized under s. 961.55 based on the crime of manufacturing, distributing or delivering, or possessing with intent to manufacture, distribute or deliver, tetrahydrocannabinols, if the owner of the property has not been convicted of a crime which was the basis for the seizure of the property it is a defense to the forfeiture of the property that the property relates to the manufacture, distribution or delivery of, or to the possession with intent to manufacture, distribute or deliver, tetrahydrocannabinols to a person who has a medical need for tetrahydrocannabinols under s. 961.437 (4).

AB560,23,3 (b) In an action to forfeit property seized under s. 961.55 based on the crime of possessing tetrahydrocannabinols, if the owner of the property has not been convicted of a crime which was the basis for the seizure of the property it is a defense to the forfeiture of the property that the property relates to the possession of tetrahydrocannabinols by a person who has a medical need for tetrahydrocannabinols under s. 961.437 (4).

AB560,23,8 (c) The owner of property seized under s. 961.55 shall raise a defense under par. (a) or (b) in the answer to the complaint that he or she serves under sub. (2) (b). When a defense under par. (a) or (b) has been raised by the property owner in his or her answer, the state must, as part of the burden of proof specified in sub. (3), prove that the facts constituting the defense do not exist.

AB560, s. 43 Section 43. 961.56 (1) of the statutes is amended to read:

AB560,23,14 961.56 (1) It Except as provided in s. 961.437 (5), it is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The, and the burden of proof of any exemption or exception is upon the person claiming it.

AB560, s. 44 Section 44. 971.365 of the statutes is amended to read:

AB560,23,19 971.365 Crimes involving certain controlled substances. (1) (a) In any case under s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB560,23,22 (b) In any case under s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB560,23,25 (c) In any case under s. 961.41 (3g) (a) 2., (c), or (d) or (e) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB560,24,4 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h), (1m) (cm), (d), (e), (f), or (g) or (h) or (3g) (a) 2., (c), or (d) or (e) on which no evidence was received at the trial on the original charge.

AB560, s. 45 Section 45. Initial applicability.

AB560,24,7 (1) This act first applies to offenses occurring on the effective date of this subsection.

AB560,24,8 (End)