AB75,24,2
1(b) The amount of tetrahydrocannabinols does not exceed the maximum
2authorized amount.
AB75,24,53
(c) Any live marijuana plants are in a lockable, enclosed facility unless a
4member of a qualifying patient's treatment team is accessing the plants or has the
5plants in his or her possession.
AB75,24,76
(d) If the member is a primary caregiver, he or she is not a primary caregiver
7to more than 5 qualifying patients.
AB75,24,11
8(2) A member of a qualifying patient's treatment team has a defense to
9prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
10possessing with intent to distribute or deliver, tetrahydrocannabinols to another
11member of the treatment team if all of the following apply:
AB75,24,1312
(a) The distribution, delivery, or possession is a medical use of
13tetrahydrocannabinols by the treatment team.
AB75,24,1514
(b) The amount of tetrahydrocannabinols does not exceed the maximum
15authorized amount.
AB75,24,1816
(c) Any live marijuana plants are in a lockable, enclosed facility unless a
17member of a qualifying patient's treatment team is accessing the plants or has the
18plants in his or her possession.
AB75,24,2019
(d) If the member is a primary caregiver, he or she is not a primary caregiver
20to more than 5 qualifying patients.
AB75,24,23
21(3) (a) Except as provided in par. (b), a member of a qualifying patient's
22treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
23following apply:
AB75,24,2524
1. The possession or attempted possession is a medical use of
25tetrahydrocannabinols by the treatment team.
AB75,25,2
12. The amount of tetrahydrocannabinols does not exceed the maximum
2authorized amount.
AB75,25,53
3. Any live marijuana plants are in a lockable, enclosed facility unless a
4member of a qualifying patient's treatment team is accessing the plants or has the
5plants in his or her possession.
AB75,25,76
4. If the member is a primary caregiver, he or she is not a primary caregiver
7to more than 5 qualifying patients.
AB75,25,98
(b) A person may not assert the defense described in par. (a) if, while he or she
9possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB75,25,1210
1. The person drives or operates a motor vehicle while under the influence of
11tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
12with s. 346.63 (1).
AB75,25,1513
2. While under the influence of tetrahydrocannabinols, the person operates
14heavy machinery or engages in any other conduct that endangers the health or
15well-being of another person.
AB75,25,1616
3. The person smokes marijuana in, on, or at any of the following places:
AB75,25,1717
a. A school bus or a public transit vehicle.
AB75,25,1818
b. The person's place of employment.
AB75,25,1919
c. Public or private school premises.
AB75,25,2020
d. A juvenile correctional facility.
AB75,25,2121
e. A jail or adult correctional facility.
AB75,25,2222
f. A public park, beach, or recreation center.
AB75,25,2323
g. A youth center.
AB75,26,5
24(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
25registry identification card, a valid out-of-state registry identification card, or a
1written certification is presumptive evidence that the person identified on the card
2as a qualifying patient or the subject of the written certification is a qualifying
3patient and that, if the person uses tetrahydrocannabinols, he or she does so to
4alleviate the symptoms or effects of his or her debilitating medical condition or
5treatment.
AB75,26,14
6(5) Notwithstanding s. 227.12 (1), any person may petition the department of
7health services to promulgate a rule to designate a medical condition or treatment
8as a debilitating medical condition or treatment. The department of health services
9shall promulgate rules providing for public notice of and a public hearing regarding
10any such petition, with the public hearing providing persons an opportunity to
11comment upon the petition. After the hearing, but no later than 180 days after the
12submission of the petition, the department of health services shall approve or deny
13the petition. The department of health service's decision to approve or deny a
14petition is subject to judicial review under s. 227.52.
AB75,38
15Section
38. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
16amended to read:
AB75,26,2017
961.55
(8) (intro.) The failure, upon demand by any officer or employee
18designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
19premises upon which the species of plants are growing or being stored, to produce
an 20any of the following constitutes authority for the seizure and forfeiture of the plants:
AB75,26,22
21(a) An appropriate federal registration, or proof that the person is the holder
22thereof
, constitutes authority for the seizure and forfeiture of the plants.
AB75,39
23Section
39. 961.55 (8) (b) of the statutes is created to read:
AB75,26,2524
961.55
(8) (b) A valid registry identification card or a valid out-of-state
25registry identification card.
AB75,40
1Section
40. 961.55 (8) (c) of the statutes is created to read:
AB75,27,32
961.55
(8) (c) The person's written certification, if the person is a qualifying
3patient.
AB75,41
4Section
41. 961.55 (8) (d) of the statutes is created to read:
AB75,27,65
961.55
(8) (d) A written certification for a qualifying patient for whom the
6person is a primary caregiver.
AB75,42
7Section
42. 961.555 (2) (a) of the statutes is amended to read:
AB75,27,188
961.555
(2) (a)
The Except as provided in par. (e), the district attorney of the
9county within which the property was seized shall commence the forfeiture action
10within 30 days after the seizure of the property
, except that the defendant may
11request that the forfeiture proceedings be adjourned until after adjudication of any
12charge concerning a crime which was the basis for the seizure of the property. The
13request shall be granted. The forfeiture action shall be commenced by filing a
14summons, complaint and affidavit of the person who seized the property with the
15clerk of circuit court, provided service of authenticated copies of those papers is made
16in accordance with ch. 801 within 90 days after filing upon the person from whom
17the property was seized and upon any person known to have a bona fide perfected
18security interest in the property.
AB75,43
19Section
43. 961.555 (2) (e) of the statutes is created to read:
AB75,27,2220
961.555
(2) (e) The court shall adjourn forfeiture proceedings until after
21adjudication of any charge concerning a crime that was the basis for the seizure of
22the property if any of the following applies:
AB75,27,2323
1. The defendant requests an adjournment.
AB75,27,2424
2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
AB75,44
25Section 44
. 961.555 (2m) of the statutes is created to read:
AB75,28,3
1961.555
(2m) Medical use defense. (a) In an action to forfeit property seized
2under s. 961.55, the person who was in possession of the property when it was seized
3has a defense to the forfeiture of the property if any of the following applies:
AB75,28,64
1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
5961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
6a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB75,28,107
2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
8961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
9if the person had been, he or she would have had a valid defense under s. 961.436 (1),
10(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB75,28,1511
(b) The owner of property seized under s. 961.55 who is raising a defense under
12par. (a) shall do so in the answer to the complaint that he or she serves under sub.
13(2) (b). If a property owner raises such a defense in his or her answer, the state must,
14as part of the burden of proof specified in sub. (3), prove that the facts constituting
15the defense do not exist.
AB75,45
16Section 45
. 961.56 (1) of the statutes is amended to read:
AB75,28,2217
961.56
(1) It Except as provided in s. 961.555 (2m) (b) and except for any
18presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the
19state to negate any exemption or exception in this chapter in any complaint,
20information, indictment or other pleading or in any trial, hearing or other proceeding
21under this chapter
. The, and the burden of proof of any exemption or exception is
22upon the person claiming it.
AB75,46
23Section
46. 961.5755 of the statutes is created to read:
AB75,29,3
24961.5755 Medical use of marijuana defense in drug paraphernalia
25cases. (1) (a) Except as provided in par. (b), a member of a treatment team has a
1defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the
2primary intent to use, drug paraphernalia only for the medical use of
3tetrahydrocannabinols by the treatment team.
AB75,29,54
(b) This subsection does not apply if while the person uses, or possesses with
5the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.
AB75,29,10
6(2) A member of a treatment team has a defense to prosecution under s. 961.574
7(1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or
8manufactures with intent to deliver to another member of his or her treatment team
9drug paraphernalia, knowing that it will be primarily used for the medical use of
10tetrahydrocannabinols by the treatment team.
AB75,29,17
11(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
12identification card, a valid out-of-state registry identification card, or a written
13certification is presumptive evidence that the person identified on the valid registry
14identification card or valid out-of-state registry identification card as a qualifying
15patient or the subject of the written certification is a qualifying patient and that, if
16the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms
17or effects of his or her debilitating medical condition or treatment.
AB75,47
18Section
47. 968.072 of the statutes is created to read:
AB75,29,20
19968.072 Medical use of marijuana; arrest and prosecution. (1) 20Definitions. In this section:
AB75,29,2121
(a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
AB75,29,2222
(am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB75,29,2423
(b) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
24(14g).
AB75,30,2
1(bm) “Out-of-state registry identification card" has the meaning given in s.
2146.44 (1) (cm).
AB75,30,33
(c) “Primary caregiver" has the meaning given in s. 961.01 (19m).
AB75,30,44
(d) “Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB75,30,55
(e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
AB75,30,66
(f) “Treatment team" has the meaning given in s. 961.01 (20t).
AB75,30,77
(g) “Written certification" has the meaning given in s. 961.01 (21t).
AB75,30,11
8(2) Limitations on arrests and prosecution; medical use of marijuana. Unless
9s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment
10team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h),
11or (3g) (e) if all of the following apply:
AB75,30,1412
(a) The member manufactures, distributes, delivers, or possesses
13tetrahydrocannabinols for the medical use of tetrahydrocannabinols by the
14treatment team.
AB75,30,1715
(b) The member possesses a valid registry identification card, a valid
16out-of-state registry identification card, or a copy of the qualifying patient's written
17certification.
AB75,30,1918
(c) The quantity of tetrahydrocannabinols does not exceed the maximum
19authorized amount.
AB75,30,2120
(d) Any live marijuana plants are in a lockable, enclosed facility unless the
21member is accessing the plants or has the plants in his or her possession.
AB75,30,2322
(e) If the member is a primary caregiver, he or she is not a primary caregiver
23to more than 5 qualifying patients.
AB75,31,2
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:
AB75,31,53
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.
AB75,31,86
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.
AB75,31,109
3. The member does not possess more than the maximum authorized amount
10of tetrahydrocannabinols.
AB75,31,1211
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.
AB75,31,1413
5. If the member is a primary caregiver, he or she is not a primary caregiver
14to more than 5 qualifying patients.
AB75,31,1715
(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:
AB75,31,2118
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.
AB75,31,2422
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.
AB75,32,2
13. The member does not possess more than the maximum authorized amount
2of tetrahydrocannabinols.
AB75,32,43
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.
AB75,32,65
5. If the member is a primary caregiver, he or she is not a primary caregiver
6to more than 5 qualifying patients.
AB75,32,10
7(4) Limitations on arrests, prosecution, and other sanctions. (a) A
8practitioner may not be arrested and a practitioner, hospital, or clinic may not be
9subject to prosecution, denied any right or privilege, or penalized in any manner for
10making or providing a written certification in good faith.
AB75,32,1411
(b) An employee of a dispensary licensed under subch. IV of ch. 50 or of an entity
12operating under the rules promulgated under s. 50.591 (2) may not be arrested and
13such employee may not be subject to prosecution, denied any right or privilege, or
14penalized in any manner for any good faith action under subch. IV of ch. 50.
AB75,32,18
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.
AB75,48
19Section
48. 968.12 (6) of the statutes is created to read:
AB75,33,220
968.12
(6) 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.
AB75,49
3Section
49. 968.19 of the statutes is renumbered 968.19 (1) and amended to
4read:
AB75,33,85
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.