AB892, s. 22 15Section 22. 961.37 of the statutes is created to read:
AB892,15,16 16961.37 Distribution of medical marijuana. (1) In this section:
AB892,15,1717 (a) "Department" means the department of health and family services.
AB892,15,1818 (b) "Drug paraphernalia" has the meaning given in s. 961.571 (1).
AB892,15,2219 (c) "Registered organization" means a nonprofit corporation that is registered
20under sub. (4) and that is organized for the purpose of manufacturing, delivering,
21distributing, or possessing tetrahydrocannabinols, drug paraphernalia, and
22educational materials to facilitate the medical use of tetrahydrocannabinols.
AB892,16,2 23(2) (a) A registered organization may deliver or distribute
24tetrahydrocannabinols or drug paraphernalia to a person who has provided the

1registered organization with a copy of a valid registry identification card to facilitate
2the medical use of tetrahydrocannabinols by a qualifying patient's treatment team.
AB892,16,53 (b) A registered organization may possess or manufacture
4tetrahydrocannabinols or drug paraphernalia with the intent to deliver or distribute
5them under par. (a).
AB892,16,76 (c) A federal, state, or local law enforcement agency may deliver or distribute
7tetrahydrocannabinols or drug paraphernalia to a registered organization.
AB892,16,11 8(3) A registered organization may not employ or utilize the services of any
9person who has been convicted of a crime under this chapter nor may it,
10notwithstanding sub. (2), obtain tetrahydrocannabinols from outside the state in
11violation of federal law.
AB892,16,15 12(4) Before engaging in any conduct authorized under sub. (2), a registered
13organization shall file with the department a registration statement in a form to be
14determined by the department. Thereafter, the organization shall annually file a
15registration statement with the department in accordance with department rules.
AB892,16,17 16(5) The department shall promulgate rules to implement this section,
17including rules doing all of the following:
AB892,16,1918 (a) Setting specifications for the membership of the staff and the boards of
19directors of registered organizations.
AB892,16,2120 (b) Managing transfers to registered organizations of tetrahydrocannabinols
21or drug paraphernalia seized by law enforcement agencies.
AB892,16,2322 (c) Establishing record-keeping and reporting requirements for registered
23organizations.
AB892,16,2424 (d) Establishing registration requirements under sub. (4).
AB892,17,2
1(e) Establishing procedures for the oversight of registered organizations and
2for suspending or terminating the registration of registered organizations.
AB892, s. 23 3Section 23. 961.436 of the statutes is created to read:
AB892,17,8 4961.436 Medical use defense in cases involving
5tetrahydrocannabinols.
(1) A member of a qualifying patient's treatment team
6has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or
7possessing with intent to manufacture, tetrahydrocannabinols if all of the following
8apply:
AB892,17,109 (a) The manufacture or possession is a medical use of tetrahydrocannabinols
10by the treatment team.
AB892,17,1111 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB892,17,15 12(2) A member of a qualifying patient's treatment team has a defense to
13prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
14possessing with intent to distribute or deliver, tetrahydrocannabinols to another
15member of the treatment team if all of the following apply:
AB892,17,1716 (a) The distribution, delivery, or possession is a medical use of
17tetrahydrocannabinols by the treatment team.
AB892,17,1818 (b) The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB892,17,21 19(3) (a) Except as provided in par. (b), a member of a qualifying patient's
20treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
21following apply:
AB892,17,2322 1. The possession or attempted possession is a medical use of
23tetrahydrocannabinols by the treatment team.
AB892,17,2424 2. The amount of tetrahydrocannabinols does not exceed an adequate supply.
AB892,18,2
1(b) A person may not assert the defense described in par. (a) if, while he or she
2possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB892,18,53 1. The person drives or operates a motor vehicle while under the influence of
4tetrahydrocannabinols in violation of s. 346.64 (1) or a local ordinance in conformity
5with s. 346.64 (1).
AB892,18,86 2. While under the influence of tetrahydrocannabinols, the person operates
7heavy machinery or engages in any other conduct that endangers the health or
8well-being of another person.
AB892,18,99 3. The person smokes marijuana in, on, or at any of the following places:
AB892,18,1010 a. A school bus or a public transit vehicle.
AB892,18,1111 b. The person's place of employment.
AB892,18,1212 c. Public or private school premises.
AB892,18,1313 d. A juvenile correctional facility.
AB892,18,1414 e. A jail or adult correctional facility.
AB892,18,1515 f. A public park, beach, or recreation center.
AB892,18,1616 g. A youth center.
AB892,18,1717 4. The person is convicted under s. 961.41 (1) (h) or (1m) (h).
AB892,18,22 18(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
19registry identification card is presumptive evidence that the person identified on the
20card as a qualifying patient is a qualifying patient and that if the person uses
21tetrahydrocannabinols he or she does so to alleviate the symptoms or effects of his
22or her debilitating medical condition or treatment.
AB892,18,24 23(5) (a) In this subsection, "department" means the department of health and
24family services.
AB892,19,8
1(b) Notwithstanding s. 227.12 (1), any person may petition the department to
2promulgate a rule to designate a medical condition or treatment as a debilitating
3medical condition or treatment. The department shall promulgate rules providing
4for public notice of and a public hearing regarding any such petition, with the public
5hearing providing persons an opportunity to comment upon the petition. After the
6hearing, but no later than 180 days after the submission of the petition, the
7department shall approve or deny the petition. The department's decision to approve
8or deny a petition is subject to judicial review under s. 227.52.
AB892, s. 24 9Section 24. 961.55 (8) of the statutes is amended to read:
AB892,19,1510 961.55 (8) The failure, upon demand by any officer or employee designated in
11s. 961.51 (1) or (2), of the person in occupancy or in control of land or premises upon
12which the species of plants are growing or being stored, to produce an appropriate
13federal registration, or proof that the person is the holder thereof, or a valid registry
14identification card for the person
constitutes authority for the seizure and forfeiture
15of the plants.
AB892, s. 25 16Section 25. 961.555 (2) (a) of the statutes is amended to read:
AB892,20,217 961.555 (2) (a) The Except as provided in par. (e), the district attorney of the
18county within which the property was seized shall commence the forfeiture action
19within 30 days after the seizure of the property, except that the defendant may
20request that the forfeiture proceedings be adjourned until after adjudication of any
21charge concerning a crime which was the basis for the seizure of the property. The
22request shall be granted
. The forfeiture action shall be commenced by filing a
23summons, complaint and affidavit of the person who seized the property with the
24clerk of circuit court, provided service of authenticated copies of those papers is made
25in accordance with ch. 801 within 90 days after filing upon the person from whom

1the property was seized and upon any person known to have a bona fide perfected
2security interest in the property.
AB892, s. 26 3Section 26. 961.555 (2) (e) of the statutes is created to read:
AB892,20,64 961.555 (2) (e) The court shall adjourn forfeiture proceedings until after
5adjudication of any charge concerning a crime that was the basis for the seizure of
6the property if any of the following applies:
AB892,20,77 1. The defendant requests an adjournment.
AB892,20,88 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
AB892, s. 27 9Section 27. 961.555 (2m) of the statutes is created to read:
AB892,20,1210 961.555 (2m) Medical necessity defense. (a) In an action to forfeit property
11seized under s. 961.55, the person who was in possession of the property when it was
12seized has a defense to the forfeiture of the property if any of the following applies:
AB892,20,1513 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
14961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
15a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB892,20,1916 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
17961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
18if the person had been, he or she would have had a valid defense under s. 961.436 (1),
19(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB892,20,2420 (b) The owner of property seized under s. 961.55 who is raising a defense under
21par. (a) shall do so in the answer to the complaint that he or she serves under sub.
22(2) (b). When a property owner raises such a defense in his or her answer, the state
23must, as part of the burden of proof specified in sub. (3), prove that the facts
24constituting the defense do not exist.
AB892, s. 28 25Section 28. 961.56 (1) of the statutes is amended to read:
AB892,21,6
1961.56 (1) It Except as provided in s. 961.555 (2m) (b) and except for any
2presumption arising under s. 961.436 (4) or 961.5755 (3), it
is not necessary for the
3state to negate any exemption or exception in this chapter in any complaint,
4information, indictment or other pleading or in any trial, hearing or other proceeding
5under this chapter. The, and the burden of proof of any exemption or exception is
6upon the person claiming it.
AB892, s. 29 7Section 29. 961.5755 of the statutes is created to read:
AB892,21,12 8961.5755 Medical use of marijuana defense in drug paraphernalia
9cases.
(1) (a) Except as provided in par. (b), a member of a treatment team has a
10defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the
11primary intent to use, drug paraphernalia for the medical use of
12tetrahydrocannabinols by the treatment team.
AB892,21,1413 (b) This subsection does not apply if while the person uses, or possesses with
14the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., 3., or 4. applies.
AB892,21,19 15(2) A member of a treatment team has a defense to prosecution under s. 961.574
16(1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or
17manufactures with intent to deliver to another member of his or her treatment team
18drug paraphernalia, knowing that it will be primarily used for the medical use of
19tetrahydrocannabinols by the treatment team.
AB892,21,24 20(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
21identification card is presumptive evidence that the person identified on the card as
22a qualifying patient is a qualifying patient and that, if the person uses
23tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of his
24or her debilitating medical condition or treatment.
AB892, s. 30 25Section 30. 968.073 of the statutes is created to read:
AB892,22,2
1968.073 Medical use of marijuana; arrest and prosecution. (1)
2Definitions. In this section:
AB892,22,33 (a) "Adequate supply" has the meaning given in s. 961.01 (1g).
AB892,22,54 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
5(14g).
AB892,22,66 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB892,22,77 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB892,22,88 (e) "Registry identification card" has the meaning given in s. 146.45 (1) (g).
AB892,22,99 (f) "Treatment team" has the meaning given in s. 961.01 (20t).
AB892,22,13 10(2) Limitations on arrests and prosecution; medical use of marijuana. Unless
11s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of a qualifying patient's treatment
12team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h),
13or (3g) (e) if all of the following apply:
AB892,22,1514 (a) The person manufactures, distributes, delivers, or possesses
15tetrahydrocannabinols for their medical use by the treatment team.
AB892,22,1716 (b) The person possesses a copy of the qualifying patient's or primary
17caregiver's valid registry identification card.
AB892,22,1818 (c) The quantity of tetrahydrocannabinols does not exceed an adequate supply.
AB892,22,22 19(3) Limitations on arrests and prosecution; drug paraphernalia for medical
20use of marijuana.
(a) Unless s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of
21a treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1)
22if all of the following apply:
AB892,22,2423 1. The person uses, or possesses with the primary intent to use, drug
24paraphernalia for the medical use of tetrahydrocannabinols by the treatment team.
AB892,23,2
12. The person possesses a copy of the qualifying patient's or primary caregiver's
2valid registry identification card.
AB892,23,43 3. The person does not possess more than an adequate supply of
4tetrahydrocannabinols.
AB892,23,75 (b) Unless s. 961.436 (3) (b) 1., 2., 3., or 4. applies, a member of a treatment team
6may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
7of the following apply:
AB892,23,118 1. The person delivers, possesses with intent to deliver, or manufactures with
9intent to deliver to another member of his or her treatment team drug paraphernalia,
10knowing that it will be primarily used for the medical use of tetrahydrocannabinols
11by the treatment team.
AB892,23,1312 2. The person possesses a copy of the qualifying patient's or primary caregiver's
13valid registry identification card.
AB892,23,1514 3. The person does not possess more than an adequate supply of
15tetrahydrocannabinols.
AB892,23,19 16(4) Limitations on arrests, prosecution, and other sanctions; physicians. A
17physician may not be arrested and a physician, hospital, or clinic may not be subject
18to prosecution, denied any right or privilege, or penalized in any manner for making
19or providing a written certification in good faith.
AB892,23,23 20(5) Penalty for false statements. Whoever intentionally provides false
21information to a law enforcement officer in an attempt to avoid arrest or prosecution
22under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
23961.574 (1), or 961.575 (1) may be fined not more than $500.
AB892, s. 31 24Section 31. 968.12 (5) of the statutes is created to read:
AB892,24,6
1968.12 (5) Medical use of marijuana registry cards. An application for a
2registry identification card under s. 146.45 (2), the issuance of such a card under s.
3146.45 (4), or a person's possession of such a card shall not, by itself, constitute
4probable cause under sub. (1) or otherwise subject the person or property of the
5person who is applying for, issued, or possessing the card to inspection by any
6governmental agency.
AB892, s. 32 7Section 32. 968.19 of the statutes is renumbered 968.19 (1) and amended to
8read:
AB892,24,129 968.19 (1) Property Except as provided in sub. (2), property seized under a
10search warrant or validly seized without a warrant shall be safely kept by the officer,
11who may leave it in the custody of the sheriff and take a receipt therefor, so long as
12necessary for the purpose of being produced as evidence on any trial.
AB892, s. 33 13Section 33. 968.19 (2) of the statutes is created to read:
AB892,24,1514 968.19 (2) A law enforcement agency that has seized a live marijuana plant is
15not responsible for the plant's care and maintenance.
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