AB740-ASA1,18,99
(e) "Registry identification card" has the meaning given in s. 146.45 (1) (g).
AB740-ASA1,18,1010
(f) "Treatment team" has the meaning given in s. 961.01 (20t).
AB740-ASA1,18,14
11(2) Limitations on arrests and prosecution; medical use of marijuana. Unless
12s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of a qualifying patient's treatment
13team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h),
14or (3g) (e) if all of the following apply:
AB740-ASA1,18,1615
(a) The person manufactures, distributes, delivers, or possesses
16tetrahydrocannabinols only for their medical use by the treatment team.
AB740-ASA1,18,1817
(b) The person possesses a copy of the qualifying patient's or primary
18caregiver's valid registry identification card.
AB740-ASA1,18,1919
(c) The quantity of tetrahydrocannabinols does not exceed an adequate supply.
AB740-ASA1,18,23
20(3) Limitations on arrests and prosecution; drug paraphernalia for medical
21use of marijuana. (a) Unless s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of
22a treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1)
23if all of the following apply:
AB740-ASA1,19,3
11. The person uses, or possesses with the primary intent to use, drug
2paraphernalia only for the medical use of tetrahydrocannabinols by the treatment
3team.
AB740-ASA1,19,54
2. The person possesses a copy of the qualifying patient's or primary caregiver's
5valid registry identification card.
AB740-ASA1,19,76
3. The person does not possess more than an adequate supply of
7tetrahydrocannabinols.
AB740-ASA1,19,108
(b) Unless s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of a treatment team
9may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
10of the following apply:
AB740-ASA1,19,1411
1. The person delivers, possesses with intent to deliver, or manufactures with
12intent to deliver to another member of his or her treatment team drug paraphernalia,
13knowing that it will be primarily used for the medical use of tetrahydrocannabinols
14by the treatment team.
AB740-ASA1,19,1615
2. The person possesses a copy of the qualifying patient's or primary caregiver's
16valid registry identification card.
AB740-ASA1,19,1817
3. The person does not possess more than an adequate supply of
18tetrahydrocannabinols.
AB740-ASA1,19,21
19(3m) Limitations on other sanctions. A member of a treatment team may not
20be denied any right or privilege or penalized in any manner for applying for or
21possessing a valid registry identification card.
AB740-ASA1,19,25
22(4) Limitations on arrests, prosecution, and other sanctions; physicians. A
23physician may not be arrested and a physician, hospital, or clinic may not be subject
24to prosecution, denied any right or privilege, or penalized in any manner for making
25or providing a written certification, as defined in s. 146.45 (1) (h), in good faith.
AB740-ASA1,20,4
1(5) Penalty for false statements. Whoever intentionally provides false
2information to a law enforcement officer in an attempt to avoid arrest or prosecution
3under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
4961.574 (1), or 961.575 (1) may be fined not more than $500.
AB740-ASA1,20,116
968.12
(5) Medical use of marijuana registry cards. An application for a
7registry identification card under s. 146.45 (2), the issuance of such a card under s.
8146.45 (4), or a person's possession of such a card shall not, by itself, constitute
9probable cause under sub. (1) or otherwise subject the person or property of the
10person who is applying for, issued, or possessing the card to inspection by any
11governmental agency.
AB740-ASA1, s. 31
12Section
31. 968.20 (1) of the statutes is renumbered 968.20 (1f), and 968.20
13(1f) (intro.), as renumbered, is amended to read:
AB740-ASA1,20,2214
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:
AB740-ASA1,20,2424
968.20
(1d) In this section:
AB740-ASA1,20,2525
(a) "Drug paraphernalia" has the meaning given in s. 961.571 (1).
AB740-ASA1,21,1
1(b) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB740-ASA1,21,53
968.20
(1j) (a) Except as provided in par. (b), the court may not order the return
4of contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or
5968.205.
AB740-ASA1,21,86
(b) The court may return drug paraphernalia or tetrahydrocannabinols that
7have been seized to the person from whom they were seized if any of the following
8applies:
AB740-ASA1,21,119
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).
AB740-ASA1,21,1512
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).
AB740-ASA1,22,1617
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.
AB740-ASA1,23,1518
968.20
(3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
19town or county or other custodian of a seized dangerous weapon or ammunition, if
20the dangerous weapon or ammunition is not required for evidence or use in further
21investigation and has not been disposed of pursuant to a court order at the
22completion of a criminal action or proceeding, shall make reasonable efforts to notify
23all persons who have or may have an authorized rightful interest in the dangerous
24weapon or ammunition of the application requirements under sub.
(1) (1f). If, within
2530 days after the notice, an application under sub.
(1) (1f) is not made and the seized
1dangerous weapon or ammunition is not returned by the officer under sub. (2), the
2city, village, town or county or other custodian may retain the dangerous weapon or
3ammunition and authorize its use by a law enforcement agency, except that a
4dangerous weapon used in the commission of a homicide or a handgun, as defined
5in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
6is not so retained, the city, village, town or county or other custodian shall safely
7dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
8defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
9973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
10county or other custodian shall ship it to the state crime laboratories and it is then
11the property of the laboratories. A person designated by the department of justice
12may destroy any material for which the laboratories have no use or arrange for the
13exchange of material with other public agencies. In lieu of destruction, shoulder
14weapons for which the laboratory has no use shall be turned over to the department
15of natural resources for sale and distribution of proceeds under s. 29.934.
AB740-ASA1,23,1717
(1)
This act takes effect on July 1, 2007.