AB715: Bill Text

AB715,8,19 1. The acquisition, possession, cultivation, transportation, or transfer of the tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

AB715,8,22 2. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport the tetrahydrocannabinols independently or the qualifying patient is under 18 years of age.

AB715, s. 14 Section 14. 961.01 (19m) of the statutes is created to read:

AB715,9,3 961.01 (19m) "Primary caregiver" means a person who is at least 18 years of age and who has agreed to help a qualifying patient in his or her medical use of tetrahydrocannabinols.

AB715, s. 15 Section 15. 961.01 (20hm) of the statutes is created to read:

AB715,9,8 961.01 (20hm) "Qualifying patient" means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

AB715,9,11 (a) The person's physician has explained the potential risks and benefits of the medical use of tetrahydrocannabinols to the person and to a parent, guardian, or person having legal custody of the person.

AB715,9,13 (b) The parent, guardian, or person having legal custody provides the physician a written statement consenting to do all of the following:

AB715,9,14 1. Allow the person's medical use of tetrahydrocannabinols.

AB715,9,15 2. Serve as a primary caregiver for the person.

AB715,9,16 3. Manage the person's medical use of tetrahydrocannabinols.

AB715, s. 16 Section 16. 961.01 (20t) of the statutes is created to read:

AB715,9,19 961.01 (20t) "Treatment team" means a qualifying patient and his or her primary caregivers.

AB715, s. 17 Section 17. 961.01 (21t) of the statutes is created to read:

AB715,9,22 961.01 (21t) "Written certification" means a statement made by a person's physician if all of the following apply:

AB715,9,24 (a) The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a) would likely outweigh the health risks for the person.

AB715,10,5 (b) The statement indicates that the opinion described in par. (a) was formed after a full assessment, made in the course of a bona fide physician-patient relationship, of the person's medical history and current medical condition.

AB715,10,7 (c) The statement is signed by the physician or is contained in the person's medical records.

AB715, s. 18 Section 18. 961.37 of the statutes is created to read:

AB715,10,9 961.37 Distribution of medical marijuana. (1) In this section:

AB715,10,10 (a) "Department" means the department of health and family services.

AB715,10,11 (b) "Drug paraphernalia" has the meaning given in s. 961.571 (1).

AB715,10,15 (c) "Registered organization" means a nonprofit corporation that is registered under sub. (4) and that is organized for the purpose of manufacturing, delivering, distributing, or possessing tetrahydrocannabinols, drug paraphernalia, and educational materials to facilitate the medical use of tetrahydrocannabinols.

AB715,10,18 (2) (a) Subject to par. (c), a registered organization may deliver or distribute tetrahydrocannabinols or drug paraphernalia to any of the following to facilitate the medical use of tetrahydrocannabinols by a qualifying patient's treatment team:

AB715,10,20 1. The qualifying patient, if he or she provides the registered organization a copy of his or her written certification.

AB715,10,22 2. A primary caregiver for the qualifying patient, if he or she provides the registered organization a copy of the qualifying patient's written certification.

AB715,10,25 (b) Subject to par. (c), a registered organization may possess or manufacture tetrahydrocannabinols or drug paraphernalia with the intent to deliver or distribute them under par. (a).

AB715,11,3 (c) A registered organization may not deliver, distribute, possess, or manufacture tetrahydrocannabinols under par. (a) or (b) without first doing all of the following:

AB715,11,5 1. Contacting the office of the qualifying patient's physician to verify the validity of the qualifying patient's written certification.

AB715,11,7 2. Contacting the medical examining board to verify that the physician is licensed to practice medicine and surgery under ch. 448.

AB715,11,9 (d) A federal, state, or local law enforcement agency may deliver or distribute tetrahydrocannabinols or drug paraphernalia to a registered organization.

AB715,11,13 (3) A registered organization may not employ or utilize the services of any person who has been convicted of a crime under this chapter nor may it, notwithstanding sub. (2), obtain tetrahydrocannabinols from outside the state in violation of federal law.

AB715,11,17 (4) Before engaging in any conduct authorized under sub. (2), a registered organization shall file with the department a registration statement in a form to be determined by the department. Thereafter, the organization shall annually file a registration statement with the department in accordance with department rules.

AB715,11,19 (5) The department shall promulgate rules to implement this section, including rules doing all of the following:

AB715,11,21 (a) Setting specifications for the membership of the staff and the boards of directors of registered organizations.

AB715,11,23 (b) Managing transfers to registered organizations of tetrahydrocannabinols or drug paraphernalia seized by law enforcement agencies.

AB715,11,25 (c) Establishing record-keeping and reporting requirements for registered organizations.

AB715,12,1 (d) Establishing registration requirements under sub. (4).

AB715,12,3 (e) Establishing procedures for the oversight of registered organizations and for suspending or terminating the registration of registered organizations.

AB715, s. 19 Section 19. 961.436 of the statutes is created to read:

AB715,12,9 961.436 Medical use defense in cases involving tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

AB715,12,11 (a) The manufacture or possession is a medical use of tetrahydrocannabinols by the treatment team.

AB715,12,12 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.

AB715,12,16 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply:

AB715,12,18 (a) The distribution, delivery, or possession is a medical use of tetrahydrocannabinols by the treatment team.

AB715,12,19 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.

AB715,12,22 (3) (a) Except as provided in par. (b), a member of a qualifying patient's treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the following apply:

AB715,12,24 1. The possession or attempted possession is a medical use of tetrahydrocannabinols by the treatment team.

AB715,12,25 2. The amount of tetrahydrocannabinols does not exceed an adequate supply.

AB715,13,2 (b) A person may not assert the defense described in par. (a) if, while he or she possesses or attempts to possess tetrahydrocannabinols, any of the following applies:

AB715,13,5 1. The person drives or operates a motor vehicle while under the influence of tetrahydrocannabinols in violation of s. 346.64 (1) or a local ordinance in conformity with s. 346.64 (1).

AB715,13,8 2. While under the influence of tetrahydrocannabinols, the person operates heavy machinery or engages in any other conduct that endangers the health or well-being of another person.

AB715,13,9 3. The person smokes marijuana in, on, or at any of the following places:

AB715,13,10 a. A school bus or a public transit vehicle.

AB715,13,11 b. The person's place of employment.

AB715,13,12 c. Public or private school premises.

AB715,13,13 d. A juvenile correctional facility.

AB715,13,14 e. A jail or adult correctional facility.

AB715,13,15 f. A public park, beach, or recreation center.

AB715,13,16 g. A youth center.

AB715,13,21 (4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a written certification is presumptive evidence that the subject of the written certification is a qualifying patient and that if the person uses tetrahydrocannabinols he or she does so to alleviate the symptoms or effects of his or her debilitating medical condition or treatment.

AB715,13,23 (5) (a) In this subsection, "department" means the department of health and family services.

AB715,14,6 (b) Notwithstanding s. 227.12 (1), any person may petition the department to promulgate a rule to designate a medical condition or treatment as a debilitating medical condition or treatment. The department shall promulgate rules providing for public notice of and a public hearing regarding any such petition, with the public hearing providing persons an opportunity to comment upon the petition. After the hearing, but no later than 180 days after the submission of the petition, the department shall approve or deny the petition. The department's decision to approve or deny a petition is subject to judicial review under s. 227.52.

AB715, s. 20 Section 20. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and amended to read:

AB715,14,12 961.55 (8) (intro.) The failure, upon demand by any officer or employee designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an any of the following constitutes authority for the seizure and forfeiture of the plants:

AB715,14,14 (a) An appropriate federal registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

AB715, s. 21 Section 21. 961.55 (8) (b) of the statutes is created to read:

AB715,14,17 961.55 (8) (b) The person's written certification, if the person is a qualifying patient.

AB715, s. 22 Section 22. 961.55 (8) (c) of the statutes is created to read:

AB715,14,20 961.55 (8) (c) A written certification for a qualifying patient for whom the person is a primary caregiver.

AB715, s. 23 Section 23. 961.555 (2) (a) of the statutes is amended to read:

AB715,15,7 961.555 (2) (a) The Except as provided in par. (e), the district attorney of the county within which the property was seized shall commence the forfeiture action within 30 days after the seizure of the property, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801 within 90 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.

AB715, s. 24 Section 24. 961.555 (2) (e) of the statutes is created to read:

AB715,15,11 961.555 (2) (e) The court shall adjourn forfeiture proceedings until after adjudication of any charge concerning a crime that was the basis for the seizure of the property if any of the following applies:

AB715,15,12 1. The defendant requests an adjournment.

AB715,15,13 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.

AB715, s. 25 Section 25. 961.555 (2m) of the statutes is created to read:

AB715,15,17 961.555 (2m) Medical necessity defense. (a) In an action to forfeit property seized under s. 961.55, the person who was in possession of the property when it was seized has a defense to the forfeiture of the property if any of the following applies:

AB715,15,20 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB715,15,24 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB715,16,5 (b) The owner of property seized under s. 961.55 who is raising a defense under par. (a) shall do so in the answer to the complaint that he or she serves under sub. (2) (b). When a property owner raises such a defense 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.

AB715, s. 26 Section 26. 961.56 (1) of the statutes is amended to read:

AB715,16,12 961.56 (1) It Except as provided in s. 961.555 (2m) (b) and except for any presumption arising under s. 961.436 (4) or 961.5755 (3), 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.

AB715, s. 27 Section 27. 961.5755 of the statutes is created to read:

AB715,16,18 961.5755 Medical use of marijuana defense in drug paraphernalia cases. (1) (a) Except as provided in par. (b), a member of a treatment team has a defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary intent to use, drug paraphernalia for the medical use of tetrahydrocannabinols by the treatment team.

AB715,16,20 (b) This subsection does not apply if while the person uses, or possesses with the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.

AB715,16,25 (2) A member of a treatment team has a defense to prosecution under s. 961.574 (1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used for the medical use of tetrahydrocannabinols by the treatment team.

AB715,17,5 (3) For the purposes of a defense raised under sub. (1) (a) or (2), a written certification is presumptive evidence that the subject of the written certification is a qualifying patient and that, if the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of his or her debilitating medical condition or treatment.

AB715, s. 28 Section 28. 968.073 of the statutes is created to read: