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1. The person delivers, possesses with intent to deliver, or manufactures with
24intent to deliver to another member of his or her treatment team drug paraphernalia,
1knowing that it will be primarily used for the medical use of tetrahydrocannabinols
2by the treatment team.
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2. The person possesses a valid registry identification card, a valid out-of-state
4registry identification card, or a copy of the qualifying patient's written certification.
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3. The person does not possess more than the maximum authorized amount of
6tetrahydrocannabinols.
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4. Any live marijuana plants are in a lockable, enclosed facility unless the
8person is accessing the plants or has the plants in his or her possession.
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5. If the member is a primary caregiver, he or she is not a primary caregiver
10to more than 5 qualifying patients.
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11(4) Limitations on arrests, prosecution, and other sanctions. (a) A physician
12may not be arrested and a physician, hospital, or clinic may not be subject to
13prosecution, denied any right or privilege, or penalized in any manner for making or
14providing a written certification in good faith.
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(b) An employee of a compassion center licensed under subch. IV of ch. 50 may
16not be arrested and such employee or compassion center licensed under subch. IV of
17ch. 50 may not be subject to prosecution, denied any right or privilege, or penalized
18in any manner for any good faith action under subch. IV of ch. 50.
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19(5) Penalty for false statements. Whoever intentionally provides false
20information to a law enforcement officer in an attempt to avoid arrest or prosecution
21under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
22961.574 (1), or 961.575 (1) may be fined not more than $500.
AB475, s. 48
23Section
48. 968.12 (5) of the statutes is created to read:
AB475,31,524
968.12
(5) Medical use of marijuana. A person's possession, use, or submission
25of or connection with an application for a registry identification card under s. 146.44
1(2), the issuance of such a card under s. 146.44 (4), or a person's possession of such
2a card, a valid out-of-state registry identification card, as defined in s. 146.44 (1)
3(cm), or an original or a copy of a written certification, as defined in s. 961.01 (21t),
4may not, by itself, constitute probable cause under sub. (1) or otherwise subject any
5person or the property of any person to inspection by any governmental agency.
AB475, s. 49
6Section
49. 968.19 of the statutes is renumbered 968.19 (1) and amended to
7read:
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968.19
(1) Property Except as provided in sub. (2), property seized under a
9search warrant or validly seized without a warrant shall be safely kept by the officer,
10who may leave it in the custody of the sheriff and take a receipt therefor, so long as
11necessary for the purpose of being produced as evidence on any trial.
AB475, s. 50
12Section
50. 968.19 (2) of the statutes is created to read:
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968.19
(2) A law enforcement agency that has seized a live marijuana plant is
14not responsible for the plant's care and maintenance.
AB475, s. 51
15Section
51. 968.20 (1) of the statutes is renumbered 968.20 (1f), and 968.20
16(1f) (intro.), as renumbered, is amended to read:
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968.20
(1f) (intro.) Any person claiming the right to possession of property
18seized pursuant to a search warrant or seized without a search warrant may apply
19for its return to the circuit court for the county in which the property was seized or
20where the search warrant was returned. The court shall order such notice as it
21deems adequate to be given the district attorney and all persons who have or may
22have an interest in the property and shall hold a hearing to hear all claims to its true
23ownership.
If Except as provided in sub. (1j), if the right to possession is proved to
24the court's satisfaction, it shall order the property
, other than contraband or property
25covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205, returned if:
AB475, s. 52
1Section
52. 968.20 (1d) of the statutes is created to read:
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968.20
(1d) In this section:
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(a) "Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).
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(b) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB475, s. 53
5Section
53. 968.20 (1j) of the statutes is created to read:
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968.20
(1j) (a) Except as provided in par. (b), sub. (1f) does not apply to
7contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or
8968.205.
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(b) Under sub. (1f), the court may return drug paraphernalia or
10tetrahydrocannabinols that have been seized to the person from whom they were
11seized if any of the following applies:
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1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
13961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
14a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
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2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
16961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
17if the person had been, he or she would have had a valid defense under s. 961.436 (1),
18(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB475, s. 54
19Section
54. 968.20 (3) (a) and (b) of the statutes are amended to read:
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968.20
(3) (a) First class cities shall dispose of dangerous weapons or
21ammunition seized 12 months after taking possession of them if the owner,
22authorized under sub. (1m), has not requested their return and if the dangerous
23weapon or ammunition is not required for evidence or use in further investigation
24and has not been disposed of pursuant to a court order at the completion of a criminal
25action or proceeding. Disposition procedures shall be established by ordinance or
1resolution and may include provisions authorizing an attempt to return to the
2rightful owner any dangerous weapons or ammunition which appear to be stolen or
3are reported stolen. If enacted, any such provision shall include a presumption that
4if the dangerous weapons or ammunition appear to be or are reported stolen an
5attempt will be made to return the dangerous weapons or ammunition to the
6authorized rightful owner. If the return of a seized dangerous weapon other than a
7firearm is not requested by its rightful owner under sub.
(1) (1f) and is not returned
8by the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
9if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
10vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement
11agency to retain and use the motor vehicle. If the return of a seized firearm or
12ammunition is not requested by its authorized rightful owner under sub.
(1) (1f) and
13is not returned by the officer under sub. (2), the seized firearm or ammunition shall
14be shipped to and become property of the state crime laboratories. A person
15designated by the department of justice may destroy any material for which the
16laboratory has no use or arrange for the exchange of material with other public
17agencies. In lieu of destruction, shoulder weapons for which the laboratories have
18no use shall be turned over to the department of natural resources for sale and
19distribution of proceeds under s. 29.934 or for use under s. 29.938.
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(b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or
21county or other custodian of a seized dangerous weapon or ammunition, if the
22dangerous weapon or ammunition is not required for evidence or use in further
23investigation and has not been disposed of pursuant to a court order at the
24completion of a criminal action or proceeding, shall make reasonable efforts to notify
25all persons who have or may have an authorized rightful interest in the dangerous
1weapon or ammunition of the application requirements under sub.
(1) (1f). If, within
230 days after the notice, an application under sub.
(1) (1f) is not made and the seized
3dangerous weapon or ammunition is not returned by the officer under sub. (2), the
4city, village, town or county or other custodian may retain the dangerous weapon or
5ammunition and authorize its use by a law enforcement agency, except that a
6dangerous weapon used in the commission of a homicide or a handgun, as defined
7in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
8is not so retained, the city, village, town or county or other custodian shall safely
9dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
10defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
11973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
12county or other custodian shall ship it to the state crime laboratories and it is then
13the property of the laboratories. A person designated by the department of justice
14may destroy any material for which the laboratories have no use or arrange for the
15exchange of material with other public agencies. In lieu of destruction, shoulder
16weapons for which the laboratory has no use shall be turned over to the department
17of natural resources for sale and distribution of proceeds under s. 29.934 or for use
18under s. 29.938.
AB475, s. 55
19Section
55.
Effective dates. This act takes effect on the day after publication,
20except as follows:
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(1)
The treatment of section 146.44 and subchapter IV of chapter 50 of the
22statutes takes effect on the first day of the 6th month beginning after publication.