AB475, s. 38 20Section 38. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
21amended to read:
AB475,24,2522 961.55 (8) (intro.) The failure, upon demand by any officer or employee
23designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
24premises upon which the species of plants are growing or being stored, to produce an
25any of the following constitutes authority for the seizure and forfeiture of the plants:
AB475,25,2
1(a) An appropriate federal registration, or proof that the person is the holder
2thereof, constitutes authority for the seizure and forfeiture of the plants.
AB475, s. 39 3Section 39. 961.55 (8) (b) of the statutes is created to read:
AB475,25,54 961.55 (8) (b) A valid registry identification card or a valid out-of-state
5registry identification card.
AB475, s. 40 6Section 40. 961.55 (8) (c) of the statutes is created to read:
AB475,25,87 961.55 (8) (c) The person's written certification, if the person is a qualifying
8patient.
AB475, s. 41 9Section 41. 961.55 (8) (d) of the statutes is created to read:
AB475,25,1110 961.55 (8) (d) A written certification for a qualifying patient for whom the
11person is a primary caregiver.
AB475, s. 42 12Section 42. 961.555 (2) (a) of the statutes is amended to read:
AB475,25,2313 961.555 (2) (a) The Except as provided in par. (e), the district attorney of the
14county within which the property was seized shall commence the forfeiture action
15within 30 days after the seizure of the property, except that the defendant may
16request that the forfeiture proceedings be adjourned until after adjudication of any
17charge concerning a crime which was the basis for the seizure of the property. The
18request shall be granted
. The forfeiture action shall be commenced by filing a
19summons, complaint and affidavit of the person who seized the property with the
20clerk of circuit court, provided service of authenticated copies of those papers is made
21in accordance with ch. 801 within 90 days after filing upon the person from whom
22the property was seized and upon any person known to have a bona fide perfected
23security interest in the property.
AB475, s. 43 24Section 43. 961.555 (2) (e) of the statutes is created to read:
AB475,26,3
1961.555 (2) (e) The court shall adjourn forfeiture proceedings until after
2adjudication of any charge concerning a crime that was the basis for the seizure of
3the property if any of the following applies:
AB475,26,44 1. The defendant requests an adjournment.
AB475,26,55 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
AB475, s. 44 6Section 44. 961.555 (2m) of the statutes is created to read:
AB475,26,97 961.555 (2m) Medical necessity defense. (a) In an action to forfeit property
8seized under s. 961.55, the person who was in possession of the property when it was
9seized has a defense to the forfeiture of the property if any of the following applies:
AB475,26,1210 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
11961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
12a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB475,26,1613 2. The person was not 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,
15if the person had been, he or she would have had a valid defense under s. 961.436 (1),
16(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB475,26,2117 (b) The owner of property seized under s. 961.55 who is raising a defense under
18par. (a) shall do so in the answer to the complaint that he or she serves under sub.
19(2) (b). If a property owner raises such a defense in his or her answer, the state must,
20as part of the burden of proof specified in sub. (3), prove that the facts constituting
21the defense do not exist.
AB475, s. 45 22Section 45. 961.56 (1) of the statutes is amended to read:
AB475,27,323 961.56 (1) It Except as provided in s. 961.555 (2m) (b) and except for any
24presumption arising under s. 961.436 (4) or 961.5755 (3), it
is not necessary for the
25state to negate any exemption or exception in this chapter in any complaint,

1information, indictment or other pleading or in any trial, hearing or other proceeding
2under this chapter. The, and the burden of proof of any exemption or exception is
3upon the person claiming it.
AB475, s. 46 4Section 46. 961.5755 of the statutes is created to read:
AB475,27,9 5961.5755 Medical use of marijuana defense in drug paraphernalia
6cases.
(1) (a) Except as provided in par. (b), a member of a treatment team has a
7defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the
8primary intent to use, drug paraphernalia only for the medical use of
9tetrahydrocannabinols by the treatment team.
AB475,27,1110 (b) This subsection does not apply if while the person uses, or possesses with
11the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.
AB475,27,16 12(2) A member of a treatment team has a defense to prosecution under s. 961.574
13(1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or
14manufactures with intent to deliver to another member of his or her treatment team
15drug paraphernalia, knowing that it will be primarily used for the medical use of
16tetrahydrocannabinols by the treatment team.
AB475,27,23 17(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
18identification card, a valid out-of-state registry identification card, or a written
19certification is presumptive evidence that the person identified on the valid registry
20identification card or valid out-of-state registry identification card as a qualifying
21patient or the subject of the written certification is a qualifying patient and that, if
22the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms
23or effects of his or her debilitating medical condition or treatment.
AB475, s. 47 24Section 47. 968.072 of the statutes is created to read:
AB475,28,2
1968.072 Medical use of marijuana; arrest and prosecution. (1)
2Definitions. In this section:
AB475,28,33 (a) "Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
AB475,28,44 (am) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB475,28,65 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
6(14g).
AB475,28,87 (bm) "Out-of-state registry identification card" has the meaning given in s.
8146.44 (1) (cm).
AB475,28,99 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).
AB475,28,1010 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
AB475,28,1111 (e) "Registry identification card" has the meaning given in s. 146.44 (1) (g).
AB475,28,1212 (f) "Treatment team" has the meaning given in s. 961.01 (20t).
AB475,28,1313 (g) "Written certification" has the meaning given in s. 961.01 (21t).
AB475,28,17 14(2) Limitations on arrests and prosecution; medical use of marijuana. Unless
15s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment
16team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h),
17or (3g) (e) if all of the following apply:
AB475,28,1918 (a) The person manufactures, distributes, delivers, or possesses
19tetrahydrocannabinols for their medical use by the treatment team.
AB475,28,2220 (b) The person possesses a valid registry identification card, a valid
21out-of-state registry identification card, or a copy of the qualifying patient's written
22certification.
AB475,28,2423 (c) The quantity of tetrahydrocannabinols does not exceed the maximum
24authorized amount.
AB475,29,2
1(d) Any live marijuana plants are in a lockable, enclosed facility unless the
2person is accessing the plants or has the plants in his or her possession.
AB475,29,43 (e) If the member is a primary caregiver, he or she is not a primary caregiver
4to more than 5 qualifying patients.
AB475,29,8 5(3) Limitations on arrests and prosecution; drug paraphernalia for medical
6use of marijuana.
(a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a
7treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if
8all of the following apply:
AB475,29,119 1. The person uses, or possesses with the primary intent to use, drug
10paraphernalia only for the medical use of tetrahydrocannabinols by the treatment
11team.
AB475,29,1312 2. The person possesses a valid registry identification card, a valid out-of-state
13registry identification card, or a copy of the qualifying patient's written certification.
AB475,29,1514 3. The person does not possess more than the maximum authorized amount of
15tetrahydrocannabinols.
AB475,29,1716 4. Any live marijuana plants are in a lockable, enclosed facility unless the
17person is accessing the plants or has the plants in his or her possession.
AB475,29,1918 5. If the member is a primary caregiver, he or she is not a primary caregiver
19to more than 5 qualifying patients.
AB475,29,2220 (b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
21may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
22of the following apply:
AB475,30,223 1. The person delivers, possesses with intent to deliver, or manufactures with
24intent to deliver to another member of his or her treatment team drug paraphernalia,

1knowing that it will be primarily used for the medical use of tetrahydrocannabinols
2by the treatment team.
AB475,30,43 2. The person possesses a valid registry identification card, a valid out-of-state
4registry identification card, or a copy of the qualifying patient's written certification.
AB475,30,65 3. The person does not possess more than the maximum authorized amount of
6tetrahydrocannabinols.
AB475,30,87 4. Any live marijuana plants are in a lockable, enclosed facility unless the
8person is accessing the plants or has the plants in his or her possession.
AB475,30,109 5. If the member is a primary caregiver, he or she is not a primary caregiver
10to more than 5 qualifying patients.
AB475,30,14 11(4) Limitations on arrests, prosecution, and other sanctions. (a) A physician
12may not be arrested and a physician, hospital, or clinic may not be subject to
13prosecution, denied any right or privilege, or penalized in any manner for making or
14providing a written certification in good faith.
AB475,30,1815 (b) An employee of a compassion center licensed under subch. IV of ch. 50 may
16not be arrested and such employee or compassion center licensed under subch. IV of
17ch. 50 may not be subject to prosecution, denied any right or privilege, or penalized
18in any manner for any good faith action under subch. IV of ch. 50.
AB475,30,22 19(5) Penalty for false statements. Whoever intentionally provides false
20information to a law enforcement officer in an attempt to avoid arrest or prosecution
21under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
22961.574 (1), or 961.575 (1) may be fined not more than $500.
AB475, s. 48 23Section 48. 968.12 (5) of the statutes is created to read:
AB475,31,524 968.12 (5) Medical use of marijuana. A person's possession, use, or submission
25of or connection with an application for a registry identification card under s. 146.44

1(2), the issuance of such a card under s. 146.44 (4), or a person's possession of such
2a card, a valid out-of-state registry identification card, as defined in s. 146.44 (1)
3(cm), or an original or a copy of a written certification, as defined in s. 961.01 (21t),
4may not, by itself, constitute probable cause under sub. (1) or otherwise subject any
5person or the property of any person to inspection by any governmental agency.
AB475, s. 49 6Section 49. 968.19 of the statutes is renumbered 968.19 (1) and amended to
7read:
AB475,31,118 968.19 (1) Property Except as provided in sub. (2), property seized under a
9search warrant or validly seized without a warrant shall be safely kept by the officer,
10who may leave it in the custody of the sheriff and take a receipt therefor, so long as
11necessary for the purpose of being produced as evidence on any trial.
AB475, s. 50 12Section 50. 968.19 (2) of the statutes is created to read:
AB475,31,1413 968.19 (2) A law enforcement agency that has seized a live marijuana plant is
14not responsible for the plant's care and maintenance.
AB475, s. 51 15Section 51. 968.20 (1) of the statutes is renumbered 968.20 (1f), and 968.20
16(1f) (intro.), as renumbered, is amended to read:
AB475,31,2517 968.20 (1f) (intro.) Any person claiming the right to possession of property
18seized pursuant to a search warrant or seized without a search warrant may apply
19for its return to the circuit court for the county in which the property was seized or
20where the search warrant was returned. The court shall order such notice as it
21deems adequate to be given the district attorney and all persons who have or may
22have an interest in the property and shall hold a hearing to hear all claims to its true
23ownership. If Except as provided in sub. (1j), if the right to possession is proved to
24the court's satisfaction, it shall order the property, other than contraband or property
25covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205,
returned if:
AB475, s. 52
1Section 52. 968.20 (1d) of the statutes is created to read:
AB475,32,22 968.20 (1d) In this section:
AB475,32,33 (a) "Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).
AB475,32,44 (b) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB475, s. 53 5Section 53. 968.20 (1j) of the statutes is created to read:
AB475,32,86 968.20 (1j) (a) Except as provided in par. (b), sub. (1f) does not apply to
7contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or
8968.205.
AB475,32,119 (b) Under sub. (1f), the court may return drug paraphernalia or
10tetrahydrocannabinols that have been seized to the person from whom they were
11seized if any of the following applies:
AB475,32,1412 1. The person was 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 had
14a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB475,32,1815 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
16961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
17if the person had been, he or she would have had a valid defense under s. 961.436 (1),
18(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB475, s. 54 19Section 54. 968.20 (3) (a) and (b) of the statutes are amended to read:
AB475,33,1920 968.20 (3) (a) First class cities shall dispose of dangerous weapons or
21ammunition seized 12 months after taking possession of them if the owner,
22authorized under sub. (1m), has not requested their return and if the dangerous
23weapon or ammunition is not required for evidence or use in further investigation
24and has not been disposed of pursuant to a court order at the completion of a criminal
25action or proceeding. Disposition procedures shall be established by ordinance or

1resolution and may include provisions authorizing an attempt to return to the
2rightful owner any dangerous weapons or ammunition which appear to be stolen or
3are reported stolen. If enacted, any such provision shall include a presumption that
4if the dangerous weapons or ammunition appear to be or are reported stolen an
5attempt will be made to return the dangerous weapons or ammunition to the
6authorized rightful owner. If the return of a seized dangerous weapon other than a
7firearm is not requested by its rightful owner under sub. (1) (1f) and is not returned
8by the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
9if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
10vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement
11agency to retain and use the motor vehicle. If the return of a seized firearm or
12ammunition is not requested by its authorized rightful owner under sub. (1) (1f) and
13is not returned by the officer under sub. (2), the seized firearm or ammunition shall
14be shipped to and become property of the state crime laboratories. A person
15designated by the department of justice may destroy any material for which the
16laboratory has no use or arrange for the exchange of material with other public
17agencies. In lieu of destruction, shoulder weapons for which the laboratories have
18no use shall be turned over to the department of natural resources for sale and
19distribution of proceeds under s. 29.934 or for use under s. 29.938.
AB475,34,1820 (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or
21county or other custodian of a seized dangerous weapon or ammunition, if the
22dangerous weapon or ammunition is not required for evidence or use in further
23investigation and has not been disposed of pursuant to a court order at the
24completion of a criminal action or proceeding, shall make reasonable efforts to notify
25all persons who have or may have an authorized rightful interest in the dangerous

1weapon or ammunition of the application requirements under sub. (1) (1f). If, within
230 days after the notice, an application under sub. (1) (1f) is not made and the seized
3dangerous weapon or ammunition is not returned by the officer under sub. (2), the
4city, village, town or county or other custodian may retain the dangerous weapon or
5ammunition and authorize its use by a law enforcement agency, except that a
6dangerous weapon used in the commission of a homicide or a handgun, as defined
7in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
8is not so retained, the city, village, town or county or other custodian shall safely
9dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
10defined in s. 340.01 (35), sell the motor vehicle following the procedure under s.
11973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or
12county or other custodian shall ship it to the state crime laboratories and it is then
13the property of the laboratories. A person designated by the department of justice
14may destroy any material for which the laboratories have no use or arrange for the
15exchange of material with other public agencies. In lieu of destruction, shoulder
16weapons for which the laboratory has no use shall be turned over to the department
17of natural resources for sale and distribution of proceeds under s. 29.934 or for use
18under s. 29.938.
AB475, s. 55 19Section 55. Effective dates. This act takes effect on the day after publication,
20except as follows:
AB475,34,2221 (1) The treatment of section 146.44 and subchapter IV of chapter 50 of the
22statutes takes effect on the first day of the 6th month beginning after publication.
AB475,34,2323 (End)
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