AB550: Bill Text

AB550,10,10 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not disclose information from an application submitted or a registry identification card issued under this section.

AB550,10,14 (c) The department may disclose to state or local law enforcement agencies information from an application submitted by, or from a registry identification card issued to, a specific person under this section, for the purpose of verifying that the person possesses a valid registry identification card.

AB550,10,16 (7) Rules. The department shall promulgate rules to implement this section, including the rules required under sub. (2) (c) and rules doing all of the following:

AB550,10,17 (a) Creating forms for applications to be used under sub. (2).

AB550,10,19 (b) Specifying how the department will verify the truthfulness of information submitted on an application under sub. (2).

AB550,10,21 (c) Specifying how and under what circumstances registry identification cards may be renewed.

AB550,10,23 (d) Specifying how and under what changed circumstances a registry identification card may be revoked.

AB550,10,25 (e) Specifying under what circumstances a person whose application for a registry identification card is denied may reapply.

AB550, s. 9 Section 9. 173.12 (1m) of the statutes is amended to read:

AB550,11,8 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1) (1f), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

AB550, s. 10 Section 10. 289.33 (3) (d) of the statutes is amended to read:

AB550,12,2 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.

AB550, s. 11 Section 11. 349.02 (2) (b) 4. of the statutes is amended to read:

AB550,12,5 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

AB550, s. 12 Section 12. 961.01 (5m) of the statutes is created to read:

AB550,12,8 961.01 (5m) "Debilitating medical condition or treatment" means any of the following:

AB550,12,11 (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 these conditions.

AB550,12,14 (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.

AB550,12,17 (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).

AB550, s. 13 Section 13. 961.01 (11v) of the statutes is created to read:

AB550,12,20 961.01 (11v) "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

AB550, s. 14 Section 14. 961.01 (14c) of the statutes is created to read:

AB550,12,23 961.01 (14c) "Maximum authorized amount" means 10 live marijuana plants and 3 ounces of usable marijuana.

AB550, s. 15 Section 15. 961.01 (14g) of the statutes is created to read:

AB550,13,2 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the following:

AB550,13,5 (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.

AB550,13,8 (b) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols by a qualifying patient if done to facilitate his or her use of the tetrahydrocannabinols under par. (a).

AB550,13,13 (c) The acquisition, possession, cultivation, 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:

AB550,13,16 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).

AB550,13,19 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.

AB550, s. 16 Section 16. 961.01 (19m) of the statutes is created to read:

AB550,13,23 961.01 (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.

AB550, s. 17 Section 17. 961.01 (20hm) of the statutes is created to read:

AB550,14,4 961.01 (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:

AB550,14,7 (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.

AB550,14,9 (b) The parent, guardian, or person having legal custody provides the physician a written statement consenting to do all of the following:

AB550,14,10 1. Allow the person's medical use of tetrahydrocannabinols.

AB550,14,11 2. Serve as a primary caregiver for the person.

AB550,14,12 3. Manage the person's medical use of tetrahydrocannabinols.

AB550, s. 18 Section 18. 961.01 (20ht) of the statutes is created to read:

AB550,14,15 961.01 (20ht) "Registry identification card" has the meaning given in s. 146.45 (1) (g).

AB550, s. 19 Section 19. 961.01 (20t) of the statutes is created to read:

AB550,14,18 961.01 (20t) "Treatment team" means a qualifying patient and his or her primary caregivers.

AB550, s. 20 Section 20. 961.01 (21f) of the statutes is created to read:

AB550,14,21 961.01 (21f) "Usable marijuana" means dried marijuana leaves or flowers but does not include marijuana seeds, stalks, or roots.

AB550, s. 21 Section 21. 961.01 (21t) of the statutes is created to read:

AB550,14,24 961.01 (21t) "Written certification" means a statement made by a person's physician if all of the following apply:

AB550,15,4 (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.

AB550,15,7 (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.

AB550,15,9 (c) The statement is signed by the physician or is contained in the person's medical records.

AB550, s. 22 Section 22. 961.436 of the statutes is created to read:

AB550,15,15 961.436 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:

AB550,15,17 (a) The manufacture or possession is a medical use of tetrahydrocannabinols by the treatment team.

AB550,15,19 (b) The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

AB550,15,23 (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:

AB550,15,25 (a) The distribution, delivery, or possession is a medical use of tetrahydrocannabinols by the treatment team.

AB550,16,2 (b) The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

AB550,16,5 (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:

AB550,16,7 1. The possession or attempted possession is a medical use of tetrahydrocannabinols by the treatment team.

AB550,16,9 2. The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

AB550,16,11 (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:

AB550,16,14 1. The person drives or operates a motor vehicle while under the influence of tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1).

AB550,16,17 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.

AB550,16,18 3. The person smokes marijuana in, on, or at any of the following places:

AB550,16,19 a. A school bus or a public transit vehicle.

AB550,16,20 b. The person's place of employment.

AB550,16,21 c. Public or private school premises.

AB550,16,22 d. A juvenile correctional facility.

AB550,16,23 e. A jail or adult correctional facility.

AB550,16,24 f. A public park, beach, or recreation center.

AB550,16,25 g. A youth center.

AB550,17,6 (4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid registry identification card or a written certification is presumptive evidence that the person identified on the card as a qualifying patient or 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.

AB550,17,15 (5) Notwithstanding s. 227.12 (1), any person may petition the department of health and family services to promulgate a rule to designate a medical condition or treatment as a debilitating medical condition or treatment. The department of health and family services 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 of health and family services 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.

AB550, s. 23 Section 23. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and amended to read:

AB550,17,21 961.55 (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:

AB550,17,23 (a) An appropriate federal registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

AB550, s. 24 Section 24. 961.55 (8) (b) of the statutes is created to read:

AB550,17,25 961.55 (8) (b) A valid registry identification card.

AB550, s. 25 Section 25. 961.55 (8) (c) of the statutes is created to read:

AB550,18,3 961.55 (8) (c) The person's written certification, if the person is a qualifying patient.

AB550, s. 26 Section 26. 961.55 (8) (d) of the statutes is created to read:

AB550,18,6 961.55 (8) (d) A written certification for a qualifying patient for whom the person is a primary caregiver.

AB550, s. 27 Section 27. 961.555 (2) (a) of the statutes is amended to read:

AB550,18,18 961.555 (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.

AB550, s. 28 Section 28. 961.555 (2) (e) of the statutes is created to read:

AB550,18,22 961.555 (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:

AB550,18,23 1. The defendant requests an adjournment.

AB550,18,24 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.

AB550, s. 29 Section 29. 961.555 (2m) of the statutes is created to read: