AB550,15,2524 (a) The distribution, delivery, or possession is a medical use of
25tetrahydrocannabinols by the treatment team.
AB550,16,2
1(b) The amount of tetrahydrocannabinols does not exceed the maximum
2authorized amount.
AB550,16,5 3(3) (a) Except as provided in par. (b), a member of a qualifying patient's
4treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
5following apply:
AB550,16,76 1. The possession or attempted possession is a medical use of
7tetrahydrocannabinols by the treatment team.
AB550,16,98 2. The amount of tetrahydrocannabinols does not exceed the maximum
9authorized amount.
AB550,16,1110 (b) A person may not assert the defense described in par. (a) if, while he or she
11possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB550,16,1412 1. The person drives or operates a motor vehicle while under the influence of
13tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
14with s. 346.63 (1).
AB550,16,1715 2. While under the influence of tetrahydrocannabinols, the person operates
16heavy machinery or engages in any other conduct that endangers the health or
17well-being of another person.
AB550,16,1818 3. The person smokes marijuana in, on, or at any of the following places:
AB550,16,1919 a. A school bus or a public transit vehicle.
AB550,16,2020 b. The person's place of employment.
AB550,16,2121 c. Public or private school premises.
AB550,16,2222 d. A juvenile correctional facility.
AB550,16,2323 e. A jail or adult correctional facility.
AB550,16,2424 f. A public park, beach, or recreation center.
AB550,16,2525 g. A youth center.
AB550,17,6
1(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
2registry identification card or a written certification is presumptive evidence that the
3person identified on the card as a qualifying patient or the subject of the written
4certification is a qualifying patient and that, if the person uses
5tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of his
6or her debilitating medical condition or treatment.
AB550,17,15 7(5) Notwithstanding s. 227.12 (1), any person may petition the department of
8health and family services to promulgate a rule to designate a medical condition or
9treatment as a debilitating medical condition or treatment. The department of
10health and family services shall promulgate rules providing for public notice of and
11a public hearing regarding any such petition, with the public hearing providing
12persons an opportunity to comment upon the petition. After the hearing, but no later
13than 180 days after the submission of the petition, the department of health and
14family services shall approve or deny the petition. The department's decision to
15approve or deny a petition is subject to judicial review under s. 227.52.
AB550, s. 23 16Section 23. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
17amended to read:
AB550,17,2118 961.55 (8) (intro.) The failure, upon demand by any officer or employee
19designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
20premises upon which the species of plants are growing or being stored, to produce an
21any of the following constitutes authority for the seizure and forfeiture of the plants:
AB550,17,23 22(a) An appropriate federal registration, or proof that the person is the holder
23thereof, constitutes authority for the seizure and forfeiture of the plants.
AB550, s. 24 24Section 24. 961.55 (8) (b) of the statutes is created to read:
AB550,17,2525 961.55 (8) (b) A valid registry identification card.
AB550, s. 25
1Section 25. 961.55 (8) (c) of the statutes is created to read:
AB550,18,32 961.55 (8) (c) The person's written certification, if the person is a qualifying
3patient.
AB550, s. 26 4Section 26. 961.55 (8) (d) of the statutes is created to read:
AB550,18,65 961.55 (8) (d) A written certification for a qualifying patient for whom the
6person is a primary caregiver.
AB550, s. 27 7Section 27. 961.555 (2) (a) of the statutes is amended to read:
AB550,18,188 961.555 (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.
AB550, s. 28 19Section 28. 961.555 (2) (e) of the statutes is created to read:
AB550,18,2220 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:
AB550,18,2323 1. The defendant requests an adjournment.
AB550,18,2424 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
AB550, s. 29 25Section 29. 961.555 (2m) of the statutes is created to read:
AB550,19,3
1961.555 (2m) Medical necessity defense. (a) In an action to forfeit property
2seized under s. 961.55, the person who was in possession of the property when it was
3seized has a defense to the forfeiture of the property if any of the following applies:
AB550,19,64 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).
AB550,19,107 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).
AB550,19,1511 (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.
AB550, s. 30 16Section 30. 961.56 (1) of the statutes is amended to read:
AB550,19,2217 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.
AB550, s. 31 23Section 31. 961.5755 of the statutes is created to read:
AB550,20,3 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.
AB550,20,54 (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.
AB550,20,10 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.
AB550,20,16 11(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
12identification card issued or a written certification is presumptive evidence that the
13person identified on the valid registry identification card as a qualifying patient or
14the subject of the written certification is a qualifying patient and that, if the person
15uses tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of
16his or her debilitating medical condition or treatment.
AB550, s. 32 17Section 32. 968.072 of the statutes is created to read:
AB550,20,19 18968.072 Medical use of marijuana; arrest and prosecution. (1)
19Definitions. In this section:
AB550,20,2020 (a) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB550,20,2221 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
22(14g).
AB550,20,2323 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB550,20,2424 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB550,20,2525 (e) "Registry identification card" has the meaning given in s. 146.45 (1) (g).
AB550,21,1
1(f) "Treatment team" has the meaning given in s. 961.01 (20t).
AB550,21,22 (g) "Written certification" has the meaning given in s. 961.01 (21t).
AB550,21,6 3(2) Limitations on arrests and prosecution; medical use of marijuana. Unless
4s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment
5team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h),
6or (3g) (e) if all of the following apply:
AB550,21,87 (a) The person manufactures, distributes, delivers, or possesses
8tetrahydrocannabinols for their medical use by the treatment team.
AB550,21,109 (b) The person possesses a valid registry identification card or a copy of the
10qualifying patient's written certification.
AB550,21,1211 (c) The quantity of tetrahydrocannabinols does not exceed the maximum
12authorized amount.
AB550,21,16 13(3) Limitations on arrests and prosecution; drug paraphernalia for medical
14use of marijuana.
(a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a
15treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if
16all of the following apply:
AB550,21,1917 1. The person uses, or possesses with the primary intent to use, drug
18paraphernalia only for the medical use of tetrahydrocannabinols by the treatment
19team.
AB550,21,2120 2. The person possesses a valid registry identification card or a copy of the
21qualifying patient's written certification.
AB550,21,2322 3. The person does not possess more than the maximum authorized amount of
23tetrahydrocannabinols.
AB550,22,3
1(b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
2may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
3of the following apply:
AB550,22,74 1. The person delivers, possesses with intent to deliver, or manufactures with
5intent to deliver to another member of his or her treatment team drug paraphernalia,
6knowing that it will be primarily used for the medical use of tetrahydrocannabinols
7by the treatment team.
AB550,22,98 2. The person possesses a valid registry identification card or a copy of the
9qualifying patient's written certification.
AB550,22,1110 3. The person does not possess more than the maximum authorized amount of
11tetrahydrocannabinols.
AB550,22,15 12(4) Limitations on arrests, prosecution, and other sanctions; physicians. A
13physician may not be arrested and a physician, hospital, or clinic may not be subject
14to prosecution, denied any right or privilege, or penalized in any manner for making
15or providing a written certification in good faith.
AB550,22,19 16(5) Penalty for false statements. Whoever intentionally provides false
17information to a law enforcement officer in an attempt to avoid arrest or prosecution
18under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
19961.574 (1), or 961.575 (1) may be fined not more than $500.
AB550, s. 33 20Section 33. 968.12 (5) of the statutes is created to read:
AB550,23,221 968.12 (5) Medical use of marijuana. A person's possession, use, or submission
22of or connection with an application for a registry identification card under s. 146.45
23(2), the issuance of such a card under s. 146.45 (4), or a person's possession of such
24a card 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.
AB550, s. 34 3Section 34. 968.19 of the statutes is renumbered 968.19 (1) and amended to
4read:
AB550,23,85 968.19 (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.
AB550, s. 35 9Section 35. 968.19 (2) of the statutes is created to read:
AB550,23,1110 968.19 (2) A law enforcement agency that has seized a live marijuana plant is
11not responsible for the plant's care and maintenance.
AB550, s. 36 12Section 36. 968.20 (1) of the statutes is renumbered 968.20 (1f), and 968.20
13(1f) (intro.), as renumbered, is amended to read:
AB550,23,2214 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:
AB550, s. 37 23Section 37. 968.20 (1d) of the statutes is created to read:
AB550,23,2424 968.20 (1d) In this section:
AB550,23,2525 (a) "Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).
AB550,24,1
1(b) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB550, s. 38 2Section 38. 968.20 (1j) of the statutes is created to read:
AB550,24,53 968.20 (1j) (a) Except as provided in par. (b), sub. (1f) does not apply to
4contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or
5968.205.
AB550,24,86 (b) Under sub. (1f), the court may return drug paraphernalia or
7tetrahydrocannabinols that have been seized to the person from whom they were
8seized if any of the following applies:
AB550,24,119 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).
AB550,24,1512 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).
AB550, s. 39 16Section 39. 968.20 (3) (a) and (b) of the statutes are amended to read:
AB550,25,1617 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 or for use under s. 29.938.
AB550,26,1517 (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or
18county or other custodian of a seized dangerous weapon or ammunition, if the
19dangerous weapon or ammunition is not required for evidence or use in further
20investigation and has not been disposed of pursuant to a court order at the
21completion of a criminal action or proceeding, shall make reasonable efforts to notify
22all persons who have or may have an authorized rightful interest in the dangerous
23weapon or ammunition of the application requirements under sub. (1) (1f). If, within
2430 days after the notice, an application under sub. (1) (1f) is not made and the seized
25dangerous weapon or ammunition is not returned by the officer under sub. (2), the

1city, village, town or county or other custodian may retain the dangerous weapon or
2ammunition and authorize its use by a law enforcement agency, except that a
3dangerous weapon used in the commission of a homicide or a handgun, as defined
4in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
5is not so retained, the city, village, town or county or other custodian shall safely
6dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
7defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
8973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
9county or other custodian shall ship it to the state crime laboratories and it is then
10the property of the laboratories. A person designated by the department of justice
11may destroy any material for which the laboratories have no use or arrange for the
12exchange of material with other public agencies. In lieu of destruction, shoulder
13weapons for which the laboratory has no use shall be turned over to the department
14of natural resources for sale and distribution of proceeds under s. 29.934 or for use
15under s. 29.938.
AB550, s. 40 16Section 40. Effective date.
Loading...
Loading...