SB368, s. 34 24Section 34. 961.01 (21f) of the statutes is created to read:
SB368,21,2
1961.01 (21f) "Usable marijuana" means dried marijuana leaves or flowers but
2does not include marijuana seeds, stalks, or roots.
SB368, s. 35 3Section 35. 961.01 (21t) of the statutes is created to read:
SB368,21,54 961.01 (21t) "Written certification" means a statement made by a person's
5physician if all of the following apply:
SB368,21,96 (a) The statement indicates that, in the physician's professional opinion, the
7person has or is undergoing a debilitating medical condition or treatment and the
8potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a)
9would likely outweigh the health risks for the person.
SB368,21,1210 (b) The statement indicates that the opinion described in par. (a) was formed
11after a full assessment, made in the course of a bona fide physician-patient
12relationship, of the person's medical history and current medical condition.
SB368,21,1413 (c) The statement is signed by the physician or is contained in the person's
14medical records.
SB368, s. 36 15Section 36. 961.436 of the statutes is created to read:
SB368,21,20 16961.436 Medical use defense in cases involving
17tetrahydrocannabinols.
(1) A member of a qualifying patient's treatment team
18has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or
19possessing with intent to manufacture, tetrahydrocannabinols if all of the following
20apply:
SB368,21,2221 (a) The manufacture or possession is a medical use of tetrahydrocannabinols
22by the treatment team.
SB368,21,2423 (b) The amount of tetrahydrocannabinols does not exceed the maximum
24authorized amount.
SB368,22,3
1(c) Any live marijuana plants are in a lockable, enclosed facility unless a
2member of a qualifying patient's treatment team is accessing the plants or has the
3plants in his or her possession.
SB368,22,54 (d) If the member is a primary caregiver, he or she is not a primary caregiver
5to more than 5 qualifying patients.
SB368,22,9 6(2) A member of a qualifying patient's treatment team has a defense to
7prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
8possessing with intent to distribute or deliver, tetrahydrocannabinols to another
9member of the treatment team if all of the following apply:
SB368,22,1110 (a) The distribution, delivery, or possession is a medical use of
11tetrahydrocannabinols by the treatment team.
SB368,22,1312 (b) The amount of tetrahydrocannabinols does not exceed the maximum
13authorized amount.
SB368,22,1614 (c) Any live marijuana plants are in a lockable, enclosed facility unless a
15member of a qualifying patient's treatment team is accessing the plants or has the
16plants in his or her possession.
SB368,22,1817 (d) If the member is a primary caregiver, he or she is not a primary caregiver
18to more than 5 qualifying patients.
SB368,22,21 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:
SB368,22,2322 1. The possession or attempted possession is a medical use of
23tetrahydrocannabinols by the treatment team.
SB368,22,2524 2. The amount of tetrahydrocannabinols does not exceed the maximum
25authorized amount.
SB368,23,3
13. Any live marijuana plants are in a lockable, enclosed facility unless a
2member of a qualifying patient's treatment team is accessing the plants or has the
3plants in his or her possession.
SB368,23,54 4. If the member is a primary caregiver, he or she is not a primary caregiver
5to more than 5 qualifying patients.
SB368,23,76 (b) A person may not assert the defense described in par. (a) if, while he or she
7possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
SB368,23,108 1. The person drives or operates a motor vehicle while under the influence of
9tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
10with s. 346.63 (1).
SB368,23,1311 2. While under the influence of tetrahydrocannabinols, the person operates
12heavy machinery or engages in any other conduct that endangers the health or
13well-being of another person.
SB368,23,1414 3. The person smokes marijuana in, on, or at any of the following places:
SB368,23,1515 a. A school bus or a public transit vehicle.
SB368,23,1616 b. The person's place of employment.
SB368,23,1717 c. Public or private school premises.
SB368,23,1818 d. A juvenile correctional facility.
SB368,23,1919 e. A jail or adult correctional facility.
SB368,23,2020 f. A public park, beach, or recreation center.
SB368,23,2121 g. A youth center.
SB368,24,3 22(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
23registry identification card, a valid out-of-state registry identification card, or a
24written certification is presumptive evidence that the person identified on the card
25as a qualifying patient or the subject of the written certification is a qualifying

1patient and that, if the person uses tetrahydrocannabinols, he or she does so to
2alleviate the symptoms or effects of his or her debilitating medical condition or
3treatment.
SB368,24,12 4(5) Notwithstanding s. 227.12 (1), any person may petition the department of
5health services to promulgate a rule to designate a medical condition or treatment
6as a debilitating medical condition or treatment. The department of health services
7shall promulgate rules providing for public notice of and a public hearing regarding
8any such petition, with the public hearing providing persons an opportunity to
9comment upon the petition. After the hearing, but no later than 180 days after the
10submission of the petition, the department of health services shall approve or deny
11the petition. The department's decision to approve or deny a petition is subject to
12judicial review under s. 227.52.
SB368, s. 37 13Section 37. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
14amended to read:
SB368,24,1815 961.55 (8) (intro.) The failure, upon demand by any officer or employee
16designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
17premises upon which the species of plants are growing or being stored, to produce an
18any of the following constitutes authority for the seizure and forfeiture of the plants:
SB368,24,20 19(a) An appropriate federal registration, or proof that the person is the holder
20thereof, constitutes authority for the seizure and forfeiture of the plants.
SB368, s. 38 21Section 38. 961.55 (8) (b) of the statutes is created to read:
SB368,24,2322 961.55 (8) (b) A valid registry identification card or a valid out-of-state
23registry identification card.
SB368, s. 39 24Section 39. 961.55 (8) (c) of the statutes is created to read:
SB368,25,2
1961.55 (8) (c) The person's written certification, if the person is a qualifying
2patient.
SB368, s. 40 3Section 40. 961.55 (8) (d) of the statutes is created to read:
SB368,25,54 961.55 (8) (d) A written certification for a qualifying patient for whom the
5person is a primary caregiver.
SB368, s. 41 6Section 41. 961.555 (2) (a) of the statutes is amended to read:
SB368,25,177 961.555 (2) (a) The Except as provided in par. (e), the district attorney of the
8county within which the property was seized shall commence the forfeiture action
9within 30 days after the seizure of the property, except that the defendant may
10request that the forfeiture proceedings be adjourned until after adjudication of any
11charge concerning a crime which was the basis for the seizure of the property. The
12request shall be granted
. The forfeiture action shall be commenced by filing a
13summons, complaint and affidavit of the person who seized the property with the
14clerk of circuit court, provided service of authenticated copies of those papers is made
15in accordance with ch. 801 within 90 days after filing upon the person from whom
16the property was seized and upon any person known to have a bona fide perfected
17security interest in the property.
SB368, s. 42 18Section 42. 961.555 (2) (e) of the statutes is created to read:
SB368,25,2119 961.555 (2) (e) The court shall adjourn forfeiture proceedings until after
20adjudication of any charge concerning a crime that was the basis for the seizure of
21the property if any of the following applies:
SB368,25,2222 1. The defendant requests an adjournment.
SB368,25,2323 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
SB368, s. 43 24Section 43. 961.555 (2m) of the statutes is created to read:
SB368,26,3
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:
SB368,26,64 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).
SB368,26,107 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).
SB368,26,1511 (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.
SB368, s. 44 16Section 44. 961.56 (1) of the statutes is amended to read:
SB368,26,2217 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.
SB368, s. 45 23Section 45. 961.5755 of the statutes is created to read:
SB368,27,3 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.
SB368,27,54 (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.
SB368,27,10 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.
SB368,27,17 11(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
12identification card, a valid out-of-state registry identification card, or a written
13certification is presumptive evidence that the person identified on the valid registry
14identification card or valid out-of-state registry identification card as a qualifying
15patient or the subject of the written certification is a qualifying patient and that, if
16the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms
17or effects of his or her debilitating medical condition or treatment.
SB368, s. 46 18Section 46. 968.072 of the statutes is created to read:
SB368,27,20 19968.072 Medical use of marijuana; arrest and prosecution. (1)
20Definitions. In this section:
SB368,27,2121 (a) "Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
SB368,27,2222 (am) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).
SB368,27,2423 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
24(14g).
SB368,28,2
1(bm) "Out-of-state registry identification card" has the meaning given in s.
2146.44 (1) (cm).
SB368,28,33 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).
SB368,28,44 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
SB368,28,55 (e) "Registry identification card" has the meaning given in s. 146.44 (1) (g).
SB368,28,66 (f) "Treatment team" has the meaning given in s. 961.01 (20t).
SB368,28,77 (g) "Written certification" has the meaning given in s. 961.01 (21t).
SB368,28,11 8(2) Limitations on arrests and prosecution; medical use of marijuana. Unless
9s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment
10team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h),
11or (3g) (e) if all of the following apply:
SB368,28,1312 (a) The person manufactures, distributes, delivers, or possesses
13tetrahydrocannabinols for their medical use by the treatment team.
SB368,28,1614 (b) The person possesses a valid registry identification card, a valid
15out-of-state registry identification card, or a copy of the qualifying patient's written
16certification.
SB368,28,1817 (c) The quantity of tetrahydrocannabinols does not exceed the maximum
18authorized amount.
SB368,28,2019 (d) Any live marijuana plants are in a lockable, enclosed facility unless the
20person is accessing the plants or has the plants in his or her possession.
SB368,28,2221 (e) If the member is a primary caregiver, he or she is not a primary caregiver
22to more than 5 qualifying patients.
SB368,29,2 23(3) Limitations on arrests and prosecution; drug paraphernalia for medical
24use of marijuana.
(a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a

1treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if
2all of the following apply:
SB368,29,53 1. The person uses, or possesses with the primary intent to use, drug
4paraphernalia only for the medical use of tetrahydrocannabinols by the treatment
5team.
SB368,29,76 2. The person possesses a valid registry identification card, a valid out-of-state
7registry identification card, or a copy of the qualifying patient's written certification.
SB368,29,98 3. The person does not possess more than the maximum authorized amount of
9tetrahydrocannabinols.
SB368,29,1110 4. Any live marijuana plants are in a lockable, enclosed facility unless the
11person is accessing the plants or has the plants in his or her possession.
SB368,29,1312 5. If the member is a primary caregiver, he or she is not a primary caregiver
13to more than 5 qualifying patients.
SB368,29,1614 (b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
15may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
16of the following apply:
SB368,29,2017 1. The person delivers, possesses with intent to deliver, or manufactures with
18intent to deliver to another member of his or her treatment team drug paraphernalia,
19knowing that it will be primarily used for the medical use of tetrahydrocannabinols
20by the treatment team.
SB368,29,2221 2. The person possesses a valid registry identification card, a valid out-of-state
22registry identification card, or a copy of the qualifying patient's written certification.
Loading...
Loading...