AB740,19,1413 (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.
AB740,19,19 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.
AB740,19,24 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.
AB740, s. 27 25Section 27. 968.073 of the statutes is created to read:
AB740,20,2
1968.073 Medical use of marijuana; arrest and prosecution. (1)
2Definitions. In this section:
AB740,20,33 (a) "Adequate supply" has the meaning given in s. 961.01 (1g).
AB740,20,54 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
5(14g).
AB740,20,66 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB740,20,77 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB740,20,88 (e) "Registry identification card" has the meaning given in s. 146.45 (1) (g).
AB740,20,99 (f) "Treatment team" has the meaning given in s. 961.01 (20t).
AB740,20,13 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:
AB740,20,1514 (a) The person manufactures, distributes, delivers, or possesses
15tetrahydrocannabinols only for their medical use by the treatment team.
AB740,20,1716 (b) The person possesses a copy of the qualifying patient's or primary
17caregiver's valid registry identification card.
AB740,20,1818 (c) The quantity of tetrahydrocannabinols does not exceed an adequate supply.
AB740,20,22 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:
AB740,20,2523 1. The person uses, or possesses with the primary intent to use, drug
24paraphernalia only for the medical use of tetrahydrocannabinols by the treatment
25team.
AB740,21,2
12. The person possesses a copy of the qualifying patient's or primary caregiver's
2valid registry identification card.
AB740,21,43 3. The person does not possess more than an adequate supply of
4tetrahydrocannabinols.
AB740,21,75 (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:
AB740,21,118 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.
AB740,21,1312 2. The person possesses a copy of the qualifying patient's or primary caregiver's
13valid registry identification card.
AB740,21,1514 3. The person does not possess more than an adequate supply of
15tetrahydrocannabinols.
AB740,21,19 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, as defined in s. 146.45 (1) (h), in good faith.
AB740,21,23 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.
AB740, s. 28 24Section 28. 968.12 (5) of the statutes is created to read:
AB740,22,6
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.
AB740, s. 29 7Section 29. 968.19 of the statutes is renumbered 968.19 (1) and amended to
8read:
AB740,22,129 968.19 (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.
AB740, s. 30 13Section 30. 968.19 (2) of the statutes is created to read:
AB740,22,1514 968.19 (2) A law enforcement agency that has seized a live marijuana plant is
15not responsible for the plant's care and maintenance.
AB740, s. 31 16Section 31. 968.20 (1) of the statutes is renumbered 968.20 (1f), and 968.20
17(1f) (intro.), as renumbered, is amended to read:
AB740,23,218 968.20 (1f) (intro.) Any person claiming the right to possession of property
19seized pursuant to a search warrant or seized without a search warrant may apply
20for its return to the circuit court for the county in which the property was seized or
21where the search warrant was returned. The court shall order such notice as it
22deems adequate to be given the district attorney and all persons who have or may
23have an interest in the property and shall hold a hearing to hear all claims to its true
24ownership. If Except as provided in sub. (1j), if the right to possession is proved to

1the court's satisfaction, it shall order the property, other than contraband or property
2covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205,
returned if:
AB740, s. 32 3Section 32. 968.20 (1d) of the statutes is created to read:
AB740,23,44 968.20 (1d) In this section:
AB740,23,55 (a) "Drug paraphernalia" has the meaning given in s. 961.571 (1).
AB740,23,66 (b) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB740, s. 33 7Section 33. 968.20 (1j) of the statutes is created to read:
AB740,23,108 968.20 (1j) (a) Except as provided in par. (b), the court may not order the return
9of contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or
10968.205.
AB740,23,1311 (b) The court may return drug paraphernalia or tetrahydrocannabinols that
12have been seized to the person from whom they were seized if any of the following
13applies:
AB740,23,1614 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
15961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
16a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB740,23,2017 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
18961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
19if the person had been, he or she would have had a valid defense under s. 961.436 (1),
20(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB740, s. 34 21Section 34. 968.20 (3) (a) of the statutes is amended to read:
AB740,24,2122 968.20 (3) (a) First class cities shall dispose of dangerous weapons or
23ammunition seized 12 months after taking possession of them if the owner,
24authorized under sub. (1m), has not requested their return and if the dangerous
25weapon or ammunition is not required for evidence or use in further investigation

1and has not been disposed of pursuant to a court order at the completion of a criminal
2action or proceeding. Disposition procedures shall be established by ordinance or
3resolution and may include provisions authorizing an attempt to return to the
4rightful owner any dangerous weapons or ammunition which appear to be stolen or
5are reported stolen. If enacted, any such provision shall include a presumption that
6if the dangerous weapons or ammunition appear to be or are reported stolen an
7attempt will be made to return the dangerous weapons or ammunition to the
8authorized rightful owner. If the return of a seized dangerous weapon other than a
9firearm is not requested by its rightful owner under sub. (1) (1f) and is not returned
10by the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
11if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
12vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement
13agency to retain and use the motor vehicle. If the return of a seized firearm or
14ammunition is not requested by its authorized rightful owner under sub. (1) (1f) and
15is not returned by the officer under sub. (2), the seized firearm or ammunition shall
16be shipped to and become property of the state crime laboratories. A person
17designated by the department of justice may destroy any material for which the
18laboratory has no use or arrange for the exchange of material with other public
19agencies. In lieu of destruction, shoulder weapons for which the laboratories have
20no use shall be turned over to the department of natural resources for sale and
21distribution of proceeds under s. 29.934.
AB740, s. 35 22Section 35. 968.20 (3) (b) of the statutes is amended to read:
AB740,25,2023 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
24town or county or other custodian of a seized dangerous weapon or ammunition, if
25the dangerous weapon or ammunition is not required for evidence or use in further

1investigation and has not been disposed of pursuant to a court order at the
2completion of a criminal action or proceeding, shall make reasonable efforts to notify
3all persons who have or may have an authorized rightful interest in the dangerous
4weapon or ammunition of the application requirements under sub. (1) (1f). If, within
530 days after the notice, an application under sub. (1) (1f) is not made and the seized
6dangerous weapon or ammunition is not returned by the officer under sub. (2), the
7city, village, town or county or other custodian may retain the dangerous weapon or
8ammunition and authorize its use by a law enforcement agency, except that a
9dangerous weapon used in the commission of a homicide or a handgun, as defined
10in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
11is not so retained, the city, village, town or county or other custodian shall safely
12dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
13defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
14973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
15county or other custodian shall ship it to the state crime laboratories and it is then
16the property of the laboratories. A person designated by the department of justice
17may destroy any material for which the laboratories have no use or arrange for the
18exchange of material with other public agencies. In lieu of destruction, shoulder
19weapons for which the laboratory has no use shall be turned over to the department
20of natural resources for sale and distribution of proceeds under s. 29.934.
AB740, s. 36 21Section 36. Effective date.
AB740,25,2222 (1) This act takes effect on July 1, 2007.
AB740,25,2323 (End)
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