AB482,77,10
8609.83 Coverage of drugs and devices. Limited service health
9organizations, preferred provider plans, and defined network plans are subject to s.
10632.853
and 632.895 (16p).
AB482,141
11Section
141. 632.895 (16p) of the statutes is created to read:
AB482,77,1312
632.895
(16p) Medical use of marijuana. (a) In this subsection, “medical use
13of tetrahydrocannabinols” has the meaning given in s. 50.80 (4).
AB482,77,1814
(b) Every disability insurance policy and every self-insured health plan of the
15state or of a county, city, town, village, or school district that provides coverage of
16prescription drugs and devices shall provide coverage for the medical use of
17tetrahydrocannabinols in accordance with subch. VI of ch. 50 and any equipment or
18supplies necessary for the medical use of tetrahydrocannabinols.
AB482,77,2119
(c) Coverage under par. (b) may be subject only to the exclusions, limitations,
20and cost-sharing provisions that apply generally to the coverage of prescription
21drugs or devices that is provided under the policy or self-insured health plan.
AB482,142
22Section
142. 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB482,78,323
767.41
(5) (am) (intro.) Subject to pars. (bm)
and, (c),
and (d), in determining
24legal custody and periods of physical placement, the court shall consider all facts
25relevant to the best interest of the child. The court may not prefer one parent or
1potential custodian over the other on the basis of the sex or race of the parent or
2potential custodian. Subject to pars. (bm)
and
, (c),
and (d), the court shall consider
3the following factors in making its determination:
AB482,143
4Section
143. 767.41 (5) (d) of the statutes is created to read:
AB482,78,115
767.41
(5) (d) The court may not consider as a factor in determining the legal
6custody of a child whether a parent or potential custodian holds or has applied for
7a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
8of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying
9patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5),
10unless the parent or potential custodian's behavior creates an unreasonable danger
11to the child that can be clearly articulated and substantiated.
AB482,144
12Section
144. 767.451 (5m) (a) of the statutes is amended to read:
AB482,78,1613
767.451
(5m) (a) Subject to pars. (b)
and, (c),
and (d) in all actions to modify
14legal custody or physical placement orders, the court shall consider the factors under
15s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
16a manner consistent with s. 767.41.
AB482,145
17Section
145. 767.451 (5m) (d) of the statutes is created to read:
AB482,78,2518
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
19consider as a factor in making a determination whether a parent or potential
20custodian holds, or has applied for, a registry identification card, as defined in s.
21146.44 (1) (h), is or has been the subject of a written certification, as defined in s.
2250.80 (10), or is or has been a qualifying patient, as defined in s. 50.80 (6), or a
23primary caregiver, as defined in s. 50.80 (5), unless the parent or potential
24custodian's behavior creates an unreasonable danger to the child that can be clearly
25articulated and substantiated.
AB482,146
1Section
146. 885.235 (1) (d) 1. of the statutes is amended to read:
AB482,79,32
885.235
(1) (d) 1. A controlled substance included in schedule I under ch. 961
3other than a tetrahydrocannabinol.
AB482,147
4Section
147. 885.235 (1) (d) 5. of the statutes is repealed.
AB482,148
5Section
148. 885.235 (1) (e) of the statutes is created to read:
AB482,79,76
885.235
(1) (e) “Tetrahydrocannabinols concentration" has the meaning given
7in s. 23.33 (1) (k).
AB482,149
8Section
149. 885.235 (1g) (intro.) of the statutes is amended to read:
AB482,79,229
885.235
(1g) (intro.) In any action or proceeding in which it is material to prove
10that a person was under the influence of an intoxicant or had a prohibited alcohol
or
11tetrahydrocannabinols concentration or a specified alcohol concentration while
12operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
13on duty time, while operating a motorboat, except a sailboat operating under sail
14alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
15terrain vehicle or while handling a firearm, evidence of the amount of alcohol
or
16tetrahydrocannabinols in the person's blood at the time in question, as shown by
17chemical analysis of a sample of the person's blood or urine or evidence of the amount
18of alcohol in the person's breath, is admissible on the issue of whether he or she was
19under the influence of an intoxicant or had a prohibited alcohol
or
20tetrahydrocannabinols concentration or a specified alcohol concentration if the
21sample was taken within 3 hours after the event to be proved. The chemical analysis
22shall be given effect as follows without requiring any expert testimony as to its effect:
AB482,150
23Section
150. 885.235 (1g) (ag) of the statutes is created to read:
AB482,80,424
885.235
(1g) (ag) The fact that the analysis shows that the person had a
25tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
1evidence on the issue of being under the combined influence of
2tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
3analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
4prima facie effect.
AB482,151
5Section
151. 885.235 (1g) (cg) of the statutes is created to read:
AB482,80,86
885.235
(1g) (cg) The fact that the analysis shows that the person had a
7tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
8or she had an tetrahydrocannabinols concentration of 5.0 or more.
AB482,152
9Section
152. 885.235 (1L) of the statutes is created to read:
AB482,80,2010
885.235
(1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
11(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
12person's blood at the time in question, as shown by chemical analysis of a sample of
13the person's blood or urine, is admissible on the issue of whether he or she had a
14tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1530.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
16hours after the event to be proved. The fact that the analysis shows that the person
17had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
18is prima facie evidence that the person had a tetrahydrocannabinols concentration
19in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
20(1) (cg).
AB482,153
21Section
153. 885.235 (1m) of the statutes is amended to read:
AB482,81,822
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681
23(1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the
24person's blood at the time in question, as shown by chemical analysis of a sample of
25the person's blood or urine or evidence of the amount of alcohol in the person's breath,
1is admissible on the issue of whether he or she had an alcohol concentration in the
2range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m),
3or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the
4sample was taken within 3 hours after the event to be proved. The fact that the
5analysis shows that the person had an alcohol concentration of more than 0.0 but not
6more than 0.08 is prima facie evidence that the person had an alcohol concentration
7in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63
8(2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
AB482,154
9Section
154. 885.235 (4) of the statutes is amended to read:
AB482,81,2010
885.235
(4) The provisions of this section relating to the admissibility of
11chemical tests for alcohol
or tetrahydrocannabinols concentration or intoxication or
12for determining whether a person had a detectable amount of a restricted controlled
13substance in his or her blood shall not be construed as limiting the introduction of
14any other competent evidence bearing on the question of whether or not a person was
15under the influence of an intoxicant, had a detectable amount of a restricted
16controlled substance in his or her blood, had a specified alcohol
or
17tetrahydrocannabinols concentration, or had an alcohol concentration in the range
18specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m), or
19350.101 (1) (c)
, or had a tetrahydrocannabinols concentration in the range specified
20in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).
AB482,155
21Section
155. 895.047 (3) (a) of the statutes is amended to read:
AB482,82,322
895.047
(3) (a) If the defendant proves by clear and convincing evidence that
23at the time of the injury the claimant was under the influence of any controlled
24substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
25(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more
or
1a tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k), of 5.0 or more,
2there shall be a rebuttable presumption that the claimant's intoxication or drug use
3was the cause of his or her injury.
AB482,156
4Section
156. 905.04 (4) (f) of the statutes is amended to read:
AB482,82,85
905.04
(4) (f)
Tests for intoxication. There is no privilege concerning the results
6of or circumstances surrounding any chemical tests for intoxication or
for alcohol
7concentration, as defined in s. 340.01 (1v)
, or tetrahydrocannabinols concentration,
8as defined in s. 23.33 (1) (k).
AB482,157
9Section
157. 939.22 (33) (a) of the statutes is amended to read:
AB482,82,1110
939.22
(33) (a) A controlled substance included in schedule I under ch. 961
11other than a tetrahydrocannabinol.
AB482,158
12Section
158. 939.22 (33) (e) of the statutes is repealed.
AB482,159
13Section
159. 939.22 (39g) of the statutes is created to read:
AB482,82,1514
939.22
(39g) “Tetrahydrocannabinols concentration" has the meaning given in
15s. 23.33 (1) (k).
AB482,160
16Section
160. 940.09 (1) (bg) of the statutes is created to read:
AB482,82,1817
940.09
(1) (bg) Causes the death of another by the operation or handling of a
18vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB482,161
19Section
161. 940.09 (1) (dg) of the statutes is created to read:
AB482,82,2220
940.09
(1) (dg) Causes the death of an unborn child by the operation or
21handling of a vehicle while the person has a tetrahydrocannabinols concentration of
225.0 or more.
AB482,162
23Section
162. 940.09 (1g) (bg) of the statutes is created to read:
AB482,83,3
1940.09
(1g) (bg) Causes the death of another by the operation or handling of
2a firearm or airgun while the person has a tetrahydrocannabinols concentration of
35.0 or more.
AB482,163
4Section
163. 940.09 (1g) (dg) of the statutes is created to read:
AB482,83,75
940.09
(1g) (dg) Causes the death of an unborn child by the operation or
6handling of a firearm or airgun while the person has a tetrahydrocannabinols
7concentration of 5.0 or more.
AB482,164
8Section
164. 940.09 (1m) (a) of the statutes is amended to read:
AB482,83,149
940.09
(1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b)
, or (bg); any combination of sub. (1) (a), (am),
(bg), or (bm); any combination of
12sub. (1) (c), (cm),
or (d)
, or (dg); any combination of sub. (1) (c), (cm),
(dg), or (e); any
13combination of sub. (1g) (a), (am),
or (b)
, or (bg); or any combination of sub. (1g) (c),
14(cm),
or (d)
, or (dg) for acts arising out of the same incident or occurrence.
AB482,165
15Section
165. 940.09 (1m) (b) of the statutes is amended to read:
AB482,83,2516
940.09
(1m) (b) If a person is charged in an information with any of the
17combinations of crimes referred to in par. (a), the crimes shall be joined under s.
18971.12. If the person is found guilty of more than one of the crimes so charged for
19acts arising out of the same incident or occurrence, there shall be a single conviction
20for purposes of sentencing and for purposes of counting convictions under s. 23.33
21(13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under
22s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b),
(bg), (bm),
23(c), (cm), (d),
(dg), and (e) each require proof of a fact for conviction which the others
24do not require, and sub. (1g) (a), (am), (b),
(bg), (c), (cm),
and (d)
, and (dg) each require
25proof of a fact for conviction which the others do not require.
AB482,166
1Section
166. 940.09 (2) (a) of the statutes is amended to read:
AB482,84,82
940.09
(2) (a) In any action under this section, the defendant has a defense if
3he or she proves by a preponderance of the evidence that the death would have
4occurred even if he or she had been exercising due care and he or she had not been
5under the influence of an intoxicant, did not have a detectable amount of a restricted
6controlled substance in his or her blood,
did not have a tetrahydrocannabinols
7concentration of 5.0 or greater, or did not have an alcohol concentration described
8under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB482,167
9Section
167. 940.09 (2) (b) of the statutes is amended to read:
AB482,84,1610
940.09
(2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
11is based on the defendant allegedly having a detectable amount of
12methamphetamine or gamma-hydroxybutyric acid
or
13delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
14or she proves by a preponderance of the evidence that at the time of the incident or
15occurrence he or she had a valid prescription for methamphetamine or one of its
16metabolic precursors or gamma-hydroxybutyric acid
or.
AB482,84,22
17(c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is based on
18the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or
19greater, the defendant has a defense if he or she proves by a preponderance of the
20evidence that at the time of the incident or occurrence he or she had a valid
21prescription for delta-9-tetrahydrocannabinol
or he or she was a qualifying patient,
22as defined in s. 50.80 (6).
AB482,168
23Section
168. 940.25 (1) (bg) of the statutes is created to read:
AB482,85,3
1940.25
(1) (bg) Causes great bodily harm to another human being by the
2operation of a vehicle while the person has a tetrahydrocannabinols concentration
3of 5.0 or more.
AB482,169
4Section
169. 940.25 (1) (dg) of the statutes is created to read:
AB482,85,75
940.25
(1) (dg) Causes great bodily harm to an unborn child by the operation
6of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or
7more.
AB482,170
8Section
170. 940.25 (1m) of the statutes is amended to read:
AB482,85,139
940.25
(1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b)
, or (bg); any combination of sub. (1) (a), (am),
(bg), or (bm); any combination of
12sub. (1) (c), (cm),
or (d)
, or (dg); or any combination of sub. (1) (c), (cm),
(dg), or (e) for
13acts arising out of the same incident or occurrence.
AB482,85,2214
(b) If a person is charged in an information with any of the combinations of
15crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person
16is found guilty of more than one of the crimes so charged for acts arising out of the
17same incident or occurrence, there shall be a single conviction for purposes of
18sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3.,
19under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q)
20and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b),
(bg), (bm),
21(c), (cm), (d),
(dg), and (e) each require proof of a fact for conviction which the others
22do not require.
AB482,171
23Section
171. 940.25 (2) of the statutes is amended to read:
AB482,86,524
940.25
(2) (a) The defendant has a defense if he or she proves by a
25preponderance of the evidence that the great bodily harm would have occurred even
1if he or she had been exercising due care and he or she had not been under the
2influence of an intoxicant, did not have a detectable amount of a restricted controlled
3substance in his or her blood,
did not have a tetrahydrocannabinols concentration of
45.0 or greater, or did not have an alcohol concentration described under sub. (1) (b),
5(bm), (d) or (e).
AB482,86,116
(b) In any action under this section that is based on the defendant allegedly
7having a detectable amount of methamphetamine
,
or gamma-hydroxybutyric acid
,
8or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if
9he or she proves by a preponderance of the evidence that at the time of the incident
10or occurrence he or she had a valid prescription for methamphetamine or one of its
11metabolic precursors
, or gamma-hydroxybutyric acid
, or.
AB482,86,17
12(c) In any action under this section that is based on the defendant allegedly
13having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant
14has a defense if he or she proves by a preponderance of the evidence that at the time
15of the incident or occurrence he or she had a valid prescription for 16delta-9-tetrahydrocannabinol
or he or she was a qualifying patient, as defined in s.
1750.80 (6).
AB482,172
18Section
172. 941.20 (1) (bg) of the statutes is created to read:
AB482,86,2419
941.20
(1) (bg) Operates or goes armed with a firearm while he or she has a
20tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
21defense to any action under this paragraph if he or she proves by a preponderance
22of the evidence that at the time of the incident or occurrence he or she had a valid
23prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient,
24as defined in s. 50.80 (6).
AB482,173
25Section
173. 941.20 (1) (bm) of the statutes is amended to read:
AB482,87,9
1941.20
(1) (bm) Operates or goes armed with a firearm while he or she has a
2detectable amount of a restricted controlled substance in his or her blood. A
3defendant has a defense to any action under this paragraph that is based on the
4defendant allegedly having a detectable amount of methamphetamine
, or 5gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
6if he or she proves by a preponderance of the evidence that at the time of the incident
7or occurrence he or she had a valid prescription for methamphetamine or one of its
8metabolic precursors
, or gamma-hydroxybutyric acid
, or
9delta-9-tetrahydrocannabinol.
AB482,174
10Section
174. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
11to read:
AB482,87,2212
961.70
(3) “Marijuana" means all parts of the plants of the genus Cannabis,
13whether growing or not
, with a concentration of tetrahydrocannabinols that is
14greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted
15from any part of the plant; and every compound, manufacture, salt, derivative,
16mixture
, or preparation of the plant, its seeds or resin
, including
17tetrahydrocannabinols. “Marijuana" does include the mature stalks if mixed with
18other parts of the plant, but does not include fiber produced from the stalks, oil or
19cake made from the seeds of the plant, any other compound, manufacture, salt,
20derivative, mixture
, or preparation of the mature stalks (except the resin extracted
21therefrom), fiber, oil
, or cake or the sterilized seed of the plant which is incapable of
22germination.
AB482,176
1Section
176. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
2as renumbered, is amended to read:
AB482,88,3
3961.75 (title)
Controlled substances Marijuana therapeutic research.
AB482,88,86
961.38
(1n) (a) A pharmacy or physician approved under s.
961.34 961.75 (2)
7(a) or (b) may dispense cannabidiol in a form without a psychoactive effect as a
8treatment for a medical condition.
AB482,178
9Section
178. 961.41 (1) (h) of the statutes is repealed.
AB482,179
10Section
179. 961.41 (1m) (h) of the statutes is repealed.
AB482,180
11Section
180. 961.41 (1q) of the statutes is repealed.
AB482,181
12Section
181. 961.41 (1r) of the statutes is amended to read:
AB482,88,2213
961.41
(1r) Determining weight of substance. In determining amounts under
14s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
15of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
16psilocybin, amphetamine, methamphetamine,
tetrahydrocannabinols, synthetic
17cannabinoids, or substituted cathinones, or any controlled substance analog of any
18of these substances together with any compound, mixture, diluent, plant material
19or other substance mixed or combined with the controlled substance or controlled
20substance analog.
In addition, in determining amounts under subs. (1) (h) and (1m)
21(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
22(4) (t) and includes the weight of any marijuana.
AB482,182
23Section
182. 961.41 (3g) (c) of the statutes is amended to read:
AB482,89,824
961.41
(3g) (c)
Cocaine and cocaine base. If a person possesses or attempts to
25possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
1base, the person shall be fined not more than $5,000 and may be imprisoned for not
2more than one year in the county jail upon a first conviction and is guilty of a Class
3I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
4is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
5offense, the offender has at any time been convicted of any felony or misdemeanor
6under this chapter or under any statute of the United States or of any state relating
7to controlled substances, controlled substance analogs, narcotic drugs,
marijuana, 8or depressant, stimulant, or hallucinogenic drugs.
AB482,183
9Section
183. 961.41 (3g) (d) of the statutes is amended to read:
AB482,90,210
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
11possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
12amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
13N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
14(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
15lysergic acid diethylamide, phencyclidine, amphetamine,
163,4-methylenedioxymethamphetamine, methcathinone, cathinone,
17N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
18(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
19$5,000 or imprisoned for not more than one year in the county jail or both upon a first
20conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
21purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
22prior to the offender's conviction of the offense, the offender has at any time been
23convicted of any felony or misdemeanor under this chapter or under any statute of
24the United States or of any state relating to controlled substances, controlled
1substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
2hallucinogenic drugs.
AB482,184
3Section
184. 961.41 (3g) (e) of the statutes is repealed.
AB482,185
4Section
185. 961.41 (3g) (em) of the statutes is amended to read: