AB480,29,2
24(3) Limitations on arrests and prosecution; drug paraphernalia for medical
25use of marijuana. (a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a
1treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if
2all of the following apply:
AB480,29,53
1. The member uses, or possesses with the primary intent to use, drug
4paraphernalia only for the medical use of tetrahydrocannabinols by the treatment
5team.
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2. The member possesses a valid registry identification card, a valid
7out-of-state registry identification card, or a copy of the qualifying patient's written
8certification.
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3. The member does not possess more than the maximum authorized amount
10of tetrahydrocannabinols.
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4. Any live marijuana plants are in a lockable, enclosed facility unless the
12member is accessing the plants or has the plants in his or her possession.
AB480,29,1413
5. If the member is a primary caregiver, he or she is not a primary caregiver
14to more than 5 qualifying patients.
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(b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
16may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
17of the following apply:
AB480,29,2118
1. The member delivers, possesses with intent to deliver, or manufactures with
19intent to deliver to another member of his or her treatment team drug paraphernalia,
20knowing that it will be primarily used for the medical use of tetrahydrocannabinols
21by the treatment team.
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2. The member possesses a valid registry identification card, a valid
23out-of-state registry identification card, or a copy of the qualifying patient's written
24certification.
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13. The member does not possess more than the maximum authorized amount
2of tetrahydrocannabinols.
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4. Any live marijuana plants are in a lockable, enclosed facility unless the
4member 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
6to more than 5 qualifying patients.
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7(4) Limitations on arrests, prosecution, and other sanctions. (a) A physician
8may not be arrested and a physician, hospital, or clinic may not be subject to
9prosecution, denied any right or privilege, or penalized in any manner for making or
10providing a written certification in good faith.
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(b) An employee of a compassion center licensed under subch. V of ch. 50 may
12not be arrested and such employee or compassion center licensed under subch. V of
13ch. 50 may not be subject to prosecution, denied any right or privilege, or penalized
14in any manner for any good faith action under subch. V of ch. 50.
AB480,30,18
15(5) Penalty for false statements. Whoever intentionally provides false
16information to a law enforcement officer in an attempt to avoid arrest or prosecution
17under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
18961.574 (1), or 961.575 (1) may be fined not more than $500.
AB480,49
19Section
49. 968.12 (5) of the statutes is created to read:
AB480,31,220
968.12
(5) Medical use of marijuana. A person's possession, use, or submission
21of or connection with an application for a registry identification card under s. 146.44
22(2), the issuance of such a card under s. 146.44 (4), or a person's possession of such
23a card, a valid out-of-state registry identification card, as defined in s. 146.44 (1)
24(cm), or an original or a copy of a written certification, as defined in s. 961.01 (21t),
1may not, by itself, constitute probable cause under sub. (1) or otherwise subject any
2person or the property of any person to inspection by any governmental agency.
AB480,50
3Section
50. 968.19 of the statutes is renumbered 968.19 (1) and amended to
4read:
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968.19
(1) Property Except as provided in sub. (2), property seized under a
6search warrant or validly seized without a warrant shall be safely kept by the officer,
7who may leave it in the custody of the sheriff and take a receipt therefor, so long as
8necessary for the purpose of being produced as evidence on any trial.
AB480,51
9Section
51. 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
11not responsible for the plant's care and maintenance.
AB480,52
12Section
52. 968.20 (1) of the statutes is renumbered 968.20 (1f), and 968.20
13(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
15seized pursuant to a search warrant or seized without a search warrant may apply
16for its return to the circuit court for the county in which the property was seized or
17where the search warrant was returned. The court shall order such notice as it
18deems adequate to be given the district attorney and all persons who have or may
19have an interest in the property and shall hold a hearing to hear all claims to its true
20ownership.
If Except as provided in sub. (1j), if the right to possession is proved to
21the court's satisfaction, it shall order the property
, other than contraband or property
22covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205, returned if:
AB480,53
23Section
53. 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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1(b) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB480,54
2Section
54. 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
4contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or
5968.205.
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(b) Under sub. (1f), the court may return drug paraphernalia or
7tetrahydrocannabinols that have been seized to the person from whom they were
8seized 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),
10961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
11a 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),
13961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
14if the person had been, he or she would have had a valid defense under s. 961.436 (1),
15(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB480,55
16Section
55. 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
18ammunition seized 12 months after taking possession of them if the owner,
19authorized under sub. (1m), has not requested their return and if the dangerous
20weapon or ammunition is not required for evidence or use in further investigation
21and has not been disposed of pursuant to a court order at the completion of a criminal
22action or proceeding. Disposition procedures shall be established by ordinance or
23resolution and may include provisions authorizing an attempt to return to the
24rightful owner any dangerous weapons or ammunition which appear to be stolen or
25are reported stolen. If enacted, any such provision shall include a presumption that
1if the dangerous weapons or ammunition appear to be or are reported stolen an
2attempt will be made to return the dangerous weapons or ammunition to the
3authorized rightful owner. If the return of a seized dangerous weapon other than a
4firearm is not requested by its rightful owner under sub.
(1) (1f) and is not returned
5by the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
6if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
7vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement
8agency to retain and use the motor vehicle. If the return of a seized firearm or
9ammunition is not requested by its authorized rightful owner under sub.
(1) (1f) and
10is not returned by the officer under sub. (2), the seized firearm or ammunition shall
11be shipped to and become property of the state crime laboratories. A person
12designated by the department of justice may destroy any material for which the
13laboratory has no use or arrange for the exchange of material with other public
14agencies. In lieu of destruction, shoulder weapons for which the laboratories have
15no use shall be turned over to the department of natural resources for sale and
16distribution 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
18county or other custodian of a seized dangerous weapon or ammunition, if the
19dangerous weapon or ammunition is not required for evidence or use in further
20investigation and has not been disposed of pursuant to a court order at the
21completion of a criminal action or proceeding, shall make reasonable efforts to notify
22all persons who have or may have an authorized rightful interest in the dangerous
23weapon or ammunition of the application requirements under sub.
(1) (1f). If, within
2430 days after the notice, an application under sub.
(1) (1f) is not made and the seized
25dangerous weapon or ammunition is not returned by the officer under sub. (2), the
1city, village, town or county or other custodian may retain the dangerous weapon or
2ammunition and authorize its use by a law enforcement agency, except that a
3dangerous weapon used in the commission of a homicide or a handgun, as defined
4in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
5is not so retained, the city, village, town or county or other custodian shall safely
6dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
7defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
8973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
9county or other custodian shall ship it to the state crime laboratories and it is then
10the property of the laboratories. A person designated by the department of justice
11may destroy any material for which the laboratories have no use or arrange for the
12exchange of material with other public agencies. In lieu of destruction, shoulder
13weapons for which the laboratory has no use shall be turned over to the department
14of natural resources for sale and distribution of proceeds under s. 29.934 or for use
15under s. 29.938.
AB480,56
16Section
56.
Effective dates. This act takes effect on the day after publication,
17except as follows:
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(1) The treatment of section 146.44 and subchapter V of chapter 50 of the
19statutes takes effect on the first day of the 6th month beginning after publication.