Amendment ASA1-AB740

AB740-ASA1, s. 12 Section 12. 349.02 (2) (b) 4. of the statutes is amended to read:

AB740-ASA1,10,20 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m), 60.23 (21), or 66.0107 (1) (bm).

AB740-ASA1, s. 13 Section 13. 961.01 (1) of the statutes is renumbered 961.01 (1m).

AB740-ASA1, s. 14 Section 14. 961.01 (1g) of the statutes is created to read:

AB740-ASA1,10,24 961.01 (1g) "Adequate supply" means an amount of tetrahydrocannabinols that does not exceed what would be contained in 2.5 ounces of usable marijuana.

AB740-ASA1, s. 15 Section 15. 961.01 (5m) of the statutes is created to read:

AB740-ASA1,11,2 961.01 (5m) "Debilitating medical condition or treatment" means any of the following:

AB740-ASA1,11,5 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV, or the treatment of any of these conditions.

AB740-ASA1,11,8 (b) A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, or severe and persistent muscle spasms.

AB740-ASA1,11,11 (c) Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department of health and family services under s. 961.436 (5).

AB740-ASA1, s. 16 Section 16. 961.01 (11v) of the statutes is created to read:

AB740-ASA1,11,13 961.01 (11v) "HIV" means any strain of human immunodeficiency virus.

AB740-ASA1, s. 17 Section 17. 961.01 (14g) of the statutes is created to read:

AB740-ASA1,11,16 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the following:

AB740-ASA1,11,19 (a) The use of tetrahydrocannabinols by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

AB740-ASA1,11,22 (b) The acquisition, possession, or transportation of tetrahydrocannabinols by a qualifying patient if done to facilitate his or her use of tetrahydrocannabinols under par. (a).

AB740-ASA1,12,2 (c) The acquisition, possession, or transportation of tetrahydrocannabinols by a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols between a qualifying patient and his or her primary caregivers, or the transfer of tetrahydrocannabinols between persons who are primary caregivers for the same qualifying patient if all of the following apply:

AB740-ASA1,12,5 1. The acquisition, possession, transportation, or transfer of the tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

AB740-ASA1,12,8 2. It is not practicable for the qualifying patient to acquire, possess, or transport the tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

AB740-ASA1, s. 18 Section 18. 961.01 (19m) of the statutes is created to read:

AB740-ASA1,12,12 961.01 (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.

AB740-ASA1, s. 19 Section 19. 961.01 (20hm) of the statutes is created to read:

AB740-ASA1,12,17 961.01 (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:

AB740-ASA1,12,20 (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.

AB740-ASA1,12,22 (b) The parent, guardian, or person having legal custody provides the physician a written statement consenting to do all of the following:

AB740-ASA1,12,23 1. Allow the person's medical use of tetrahydrocannabinols.

AB740-ASA1,12,24 2. Serve as a primary caregiver for the person.

AB740-ASA1,12,25 3. Manage the person's medical use of tetrahydrocannabinols.

AB740-ASA1, s. 20 Section 20. 961.01 (20ht) of the statutes is created to read:

AB740-ASA1,13,3 961.01 (20ht) "Registry identification card" has the meaning given in s. 146.45 (1) (g).

AB740-ASA1, s. 21 Section 21. 961.01 (20t) of the statutes is created to read:

AB740-ASA1,13,6 961.01 (20t) "Treatment team" means a qualifying patient and his or her primary caregivers.

AB740-ASA1, s. 22 Section 22. 961.01 (21g) of the statutes is created to read:

AB740-ASA1,13,11 961.01 (21g) "Usable marijuana" means the leaves, the flowers, the resin extracted from the leaves and flowers, and every compound, manufacture, salt, derivative, mixture, or preparation of the leaves, flowers, or resin, but does not include the seeds, stalks, or roots of plants of the genus Cannabis.

AB740-ASA1, s. 23 Section 23. 961.436 of the statutes is created to read:

AB740-ASA1,13,17 961.436 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:

AB740-ASA1,13,19 (a) The manufacture or possession is a medical use of tetrahydrocannabinols by the treatment team.

AB740-ASA1,13,20 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.

AB740-ASA1,13,24 (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:

AB740-ASA1,14,2 (a) The distribution, delivery, or possession is a medical use of tetrahydrocannabinols by the treatment team.

AB740-ASA1,14,3 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.

AB740-ASA1,14,6 (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:

AB740-ASA1,14,8 1. The possession or attempted possession is a medical use of tetrahydrocannabinols by the treatment team.

AB740-ASA1,14,9 2. The amount of tetrahydrocannabinols does not exceed an adequate supply.

AB740-ASA1,14,11 (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:

AB740-ASA1,14,14 1. The person drives or operates a motor vehicle while under the influence of tetrahydrocannabinols to a degree that renders him or her incapable of safely driving or operating the motor vehicle.

AB740-ASA1,14,17 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.

AB740-ASA1,14,18 3. The person smokes marijuana in, on, or at any of the following places:

AB740-ASA1,14,19 a. A school bus or a public transit vehicle.

AB740-ASA1,14,20 b. The person's place of employment.

AB740-ASA1,14,21 c. Public or private school premises.

AB740-ASA1,14,22 d. A juvenile correctional facility.

AB740-ASA1,14,23 e. A jail or adult correctional facility.

AB740-ASA1,14,24 f. A public park, beach, or recreation center.

AB740-ASA1,14,25 g. A youth center.

AB740-ASA1,15,1 4. The person has been convicted under s. 961.41 (1) (h) or (1m) (h).

AB740-ASA1,15,6 (4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid registry identification card is presumptive evidence that the person identified on the card as a qualifying patient 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.

AB740-ASA1,15,8 (5) (a) In this subsection, "department" means the department of health and family services.

AB740-ASA1,15,16 (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.

AB740-ASA1, s. 24 Section 24. 961.555 (2) (a) of the statutes is amended to read:

AB740-ASA1,16,3 961.555 (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.

AB740-ASA1, s. 25 Section 25. 961.555 (2) (e) of the statutes is created to read:

AB740-ASA1,16,7 961.555 (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:

AB740-ASA1,16,8 1. The defendant requests an adjournment.

AB740-ASA1,16,9 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.

AB740-ASA1, s. 26 Section 26. 961.555 (2m) of the statutes is created to read:

AB740-ASA1,16,13 961.555 (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:

AB740-ASA1,16,16 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).

AB740-ASA1,16,20 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).

AB740-ASA1,16,25 (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). If 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.

AB740-ASA1, s. 27 Section 27. 961.56 (1) of the statutes is amended to read:

AB740-ASA1,17,7 961.56 (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.

AB740-ASA1, s. 28 Section 28. 961.5755 of the statutes is created to read:

AB740-ASA1,17,13 961.5755 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 only for the medical use of tetrahydrocannabinols by the treatment team.

AB740-ASA1,17,15 (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., 3., or 4. applies.

AB740-ASA1,17,20 (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.

AB740-ASA1,17,25 (3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry identification card is presumptive evidence that the person identified on the card as a qualifying patient 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.

AB740-ASA1, s. 29 Section 29. 968.073 of the statutes is created to read:

AB740-ASA1,18,3 968.073 Medical use of marijuana; arrest, prosecution, and other sanctions. (1) Definitions. In this section:

AB740-ASA1,18,4 (a) "Adequate supply" has the meaning given in s. 961.01 (1g).

AB740-ASA1,18,6 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

AB740-ASA1,18,7 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).

AB740-ASA1,18,8 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).

AB740-ASA1,18,9 (e) "Registry identification card" has the meaning given in s. 146.45 (1) (g).

AB740-ASA1,18,10 (f) "Treatment team" has the meaning given in s. 961.01 (20t).

AB740-ASA1,18,14 (2) Limitations on arrests and prosecution; medical use of marijuana. Unless s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of a qualifying patient's treatment team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e) if all of the following apply:

AB740-ASA1,18,16 (a) The person manufactures, distributes, delivers, or possesses tetrahydrocannabinols only for their medical use by the treatment team.

AB740-ASA1,18,18 (b) The person possesses a copy of the qualifying patient's or primary caregiver's valid registry identification card.

AB740-ASA1,18,19 (c) The quantity of tetrahydrocannabinols does not exceed an adequate supply.