SB38: Bill Text

SB38,43 Section 43. 961.555 (2) (e) of the statutes is created to read:

SB38,27,22 961.555 (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:

SB38,27,23 1. The defendant requests an adjournment.

SB38,27,24 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.

SB38,44 Section 44 . 961.555 (2m) of the statutes is created to read:

SB38,28,3 961.555 (2m) Medical use defense. (a) In an action to forfeit property seized under s. 961.55, the person who was in possession of the property when it was seized has a defense to the forfeiture of the property if any of the following applies:

SB38,28,6 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB38,28,10 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB38,28,15 (b) The owner of property seized under s. 961.55 who is raising a defense under par. (a) shall do so in the answer to the complaint that he or she serves under sub. (2) (b). If a property owner raises such a defense in his or her answer, the state must, as part of the burden of proof specified in sub. (3), prove that the facts constituting the defense do not exist.

SB38,45 Section 45 . 961.56 (1) of the statutes is amended to read:

SB38,28,22 961.56 (1) It Except as provided in s. 961.555 (2m) (b) and except for any presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The, and the burden of proof of any exemption or exception is upon the person claiming it.

SB38,46 Section 46. 961.5755 of the statutes is created to read:

SB38,29,3 961.5755 Medical use of marijuana defense in drug paraphernalia cases. (1) (a) Except as provided in par. (b), a member of a treatment team has a defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary intent to use, drug paraphernalia only for the medical use of tetrahydrocannabinols by the treatment team.

SB38,29,5 (b) This subsection does not apply if while the person uses, or possesses with the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.

SB38,29,10 (2) A member of a treatment team has a defense to prosecution under s. 961.574 (1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used for the medical use of tetrahydrocannabinols by the treatment team.

SB38,29,17 (3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry identification card, a valid out-of-state registry identification card, or a written certification is presumptive evidence that the person identified on the valid registry identification card or valid out-of-state registry identification 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.

SB38,47 Section 47. 968.072 of the statutes is created to read:

SB38,29,20 968.072 Medical use of marijuana; arrest and prosecution. (1) Definitions. In this section:

SB38,29,21 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).

SB38,29,22 (am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

SB38,29,24 (b) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB38,30,2 (bm) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

SB38,30,3 (c) “Primary caregiver" has the meaning given in s. 961.01 (19m).

SB38,30,4 (d) “Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB38,30,5 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB38,30,6 (f) “Treatment team" has the meaning given in s. 961.01 (20t).

SB38,30,7 (g) “Written certification" has the meaning given in s. 961.01 (21t).

SB38,30,11 (2) Limitations on arrests and prosecution; medical use of marijuana. Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e) if all of the following apply:

SB38,30,14 (a) The member manufactures, distributes, delivers, or possesses tetrahydrocannabinols for the medical use of tetrahydrocannabinols by the treatment team.

SB38,30,17 (b) The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

SB38,30,19 (c) The quantity of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB38,30,21 (d) Any live marijuana plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

SB38,30,23 (e) If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB38,31,2 (3) Limitations on arrests and prosecution; drug paraphernalia for medical use of marijuana. (a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the following apply:

SB38,31,5 1. The member uses, or possesses with the primary intent to use, drug paraphernalia only for the medical use of tetrahydrocannabinols by the treatment team.

SB38,31,8 2. The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

SB38,31,10 3. The member does not possess more than the maximum authorized amount of tetrahydrocannabinols.

SB38,31,12 4. Any live marijuana plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

SB38,31,14 5. If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB38,31,17 (b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all of the following apply:

SB38,31,21 1. The member delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used for the medical use of tetrahydrocannabinols by the treatment team.

SB38,31,24 2. The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

SB38,32,2 3. The member does not possess more than the maximum authorized amount of tetrahydrocannabinols.

SB38,32,4 4. Any live marijuana plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

SB38,32,6 5. If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB38,32,10 (4) Limitations on arrests, prosecution, and other sanctions. (a) A practitioner may not be arrested and a practitioner, hospital, or clinic may not be subject to prosecution, denied any right or privilege, or penalized in any manner for making or providing a written certification in good faith.

SB38,32,14 (b) An employee of a dispensary licensed under subch. IV of ch. 50 or of an entity operating under the rules promulgated under s. 50.591 (2) may not be arrested and such employee may not be subject to prosecution, denied any right or privilege, or penalized in any manner for any good faith action under subch. IV of ch. 50.

SB38,32,18 (5) Penalty for false statements. Whoever intentionally provides false information to a law enforcement officer in an attempt to avoid arrest or prosecution under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) may be fined not more than $500.

SB38,48 Section 48. 968.12 (6) of the statutes is created to read:

SB38,33,2 968.12 (6) Medical use of marijuana. A person's possession, use, or submission of or connection with an application for a registry identification card under s. 146.44 (2), the issuance of such a card under s. 146.44 (4), or a person's possession of such a card, a valid out-of-state registry identification card, as defined in s. 146.44 (1) (cm), or an original or a copy of a written certification, as defined in s. 961.01 (21t), may not, by itself, constitute probable cause under sub. (1) or otherwise subject any person or the property of any person to inspection by any governmental agency.

SB38,49 Section 49. 968.19 of the statutes is renumbered 968.19 (1) and amended to read:

SB38,33,8 968.19 (1) Property Except as provided in sub. (2), property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer, who may leave it in the custody of the sheriff and take a receipt therefor, so long as necessary for the purpose of being produced as evidence on any trial.

SB38,50 Section 50. 968.19 (2) of the statutes is created to read:

SB38,33,11 968.19 (2) A law enforcement agency that has seized a live marijuana plant is not responsible for the plant's care and maintenance.

SB38,51 Section 51 . 968.20 (1g) (intro.) of the statutes is amended to read:

SB38,33,19 968.20 (1g) (intro.) The court shall order such notice as it deems adequate to be given the district attorney and, unless notice was provided under s. 968.26 (7), to all persons who have or may have an interest in the property. The court shall hold a hearing to hear all claims to its true ownership. If Except as provided in sub. (1j), if the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.21 (4) or 968.205, returned if:

SB38,52 Section 52 . 968.20 (1j) of the statutes is created to read:

SB38,33,21 968.20 (1j) (a) In this subsection:

SB38,33,22 1. “Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).

SB38,33,23 2. “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).

SB38,33,25 (b) Except as provided in par. (c), sub. (1g) does not apply to contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205.

SB38,34,3 (c) Under sub. (1g), the court may return drug paraphernalia or tetrahydrocannabinols that have been seized to the person from whom they were seized if any of the following applies:

SB38,34,6 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB38,34,10 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB38,53 Section 53 . Effective dates. This act takes effect on the day after publication, except as follows:

SB38,34,14 (1) The treatment of section 146.44 and subchapter IV of chapter 50 of the statutes takes effect on the first day of the 6th month beginning after publication.

SB38,34,15 (End)