SB363,16,18
1289.33 (3) (d) "Local approval" includes any requirement for a permit, license,
2authorization, approval, variance or exception or any restriction, condition of
3approval or other restriction, regulation, requirement or prohibition imposed by a
4charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
5a town, city, village, county or special purpose district, including without limitation
6because of enumeration any ordinance, resolution or regulation adopted under s.
791.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
8(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
9(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
10(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
11(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
12(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1359.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
14(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7),
15(8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77,
1661.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30,
17196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch.
1891.
SB363,21 19Section 21. 349.02 (2) (b) 4. of the statutes is amended to read:
SB363,16,2120 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
2166.0107 (1) (bm).
SB363,22 22Section 22. 767.41 (5) (am) (intro.) of the statutes is amended to read:
SB363,17,323 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
24legal custody and periods of physical placement, the court shall consider all facts
25relevant to the best interest of the child. The court may not prefer one parent or

1potential custodian over the other on the basis of the sex or race of the parent or
2potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider
3the following factors in making its determination:
SB363,23 4Section 23. 767.41 (5) (d) of the statutes is created to read:
SB363,17,115 767.41 (5) (d) The court may not consider as a factor in determining the legal
6custody of a child whether a parent or potential custodian holds, or has applied for,
7a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
8of a written certification, as defined in s. 961.01 (21t), or is or has been a qualified
9patient, as defined in s. 961.01 (20hm), or a primary caregiver, as defined in s. 961.01
10(19m), unless the parent or potential custodian's behavior creates an unreasonable
11danger to the child that can be clearly articulated and substantiated.
SB363,24 12Section 24. 767.451 (5m) (a) (intro.) of the statutes is amended to read:
SB363,17,1613 767.451 (5m) (a) (intro.) Subject to pars. (b) and, (c), and (d), in all actions to
14modify legal custody or physical placement orders, the court shall consider the
15factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its
16determination in a manner consistent with s. 767.41.
SB363,25 17Section 25. 767.451 (5m) (d) of the statutes is created to read:
SB363,17,2518 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
19consider as a factor in making a determination whether a parent or potential
20custodian holds, or has applied for, a registry identification card, as defined in s.
21146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
22961.01 (21t), or is or has been a qualified patient, as defined in s. 961.01 (20hm), or
23a primary caregiver, as defined in s. 961.01 (19m), unless the parent or potential
24custodian's behavior creates an unreasonable danger to the child that can be clearly
25articulated and substantiated.
SB363,26
1Section 26. 961.01 (5m) of the statutes is created to read:
SB363,18,32 961.01 (5m) "Debilitating medical condition or treatment" means any of the
3following:
SB363,18,84 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
5the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
6Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
7lateral sclerosis, nail patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
8stress disorder, or the treatment of these conditions.
SB363,18,129 (b) A chronic or debilitating disease or medical condition or the treatment of
10such a disease or condition that causes cachexia, severe pain, severe nausea,
11seizures, including those characteristic of epilepsy, or severe and persistent muscle
12spasms, including those characteristic of multiple sclerosis.
SB363,18,1513 (c) Any other medical condition or any other treatment for a medical condition
14designated as a debilitating medical condition or treatment in rules promulgated by
15the department of health services under s. 961.436 (5).
SB363,27 16Section 27. 961.01 (11v) of the statutes is created to read:
SB363,18,1817 961.01 (11v) "HIV" means any strain of human immunodeficiency virus, which
18causes acquired immunodeficiency syndrome.
SB363,28 19Section 28. 961.01 (12v) of the statutes is created to read:
SB363,18,2220 961.01 (12v) "Lockable, enclosed facility" means an enclosed indoor or outdoor
21area that is lockable, or may use a security device, to permit access only by a member
22of a qualifying patient's treatment team.
SB363,29 23Section 29. 961.01 (14c) of the statutes is created to read:
SB363,18,2524 961.01 (14c) "Maximum authorized amount" means 12 live marijuana plants
25and 3 ounces of usable marijuana.
SB363,30
1Section 30. 961.01 (14g) of the statutes is created to read:
SB363,19,32 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the
3following:
SB363,19,64 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to
5alleviate the symptoms or effects of the qualifying patient's debilitating medical
6condition or treatment.
SB363,19,97 (b) The acquisition, possession, cultivation, or transportation of
8tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
9her use of the tetrahydrocannabinols under par. (a).
SB363,19,1510 (c) The acquisition, possession, cultivation, or transportation of
11tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
12the transfer of tetrahydrocannabinols in any form between a qualifying patient and
13his or her primary caregivers, or the transfer of tetrahydrocannabinols in any form
14between persons who are primary caregivers for the same qualifying patient if all of
15the following apply:
SB363,19,1816 1. The acquisition, possession, cultivation, transportation, or transfer of the
17tetrahydrocannabinols is done to facilitate the qualifying patient's use of
18tetrahydrocannabinols under par. (a) or (b).
SB363,19,2119 2. It is not practicable for the qualifying patient to acquire, possess, cultivate,
20or transport the tetrahydrocannabinols independently, or the qualifying patient is
21under 18 years of age.
SB363,31 22Section 31. 961.01 (17k) of the statutes is created to read:
SB363,19,2423 961.01 (17k) "Out-of-state registry identification card" has the meaning given
24in s. 146.44 (1) (cm).
SB363,32 25Section 32. 961.01 (19m) of the statutes is created to read:
SB363,20,3
1961.01 (19m) "Primary caregiver" means a person who is at least 18 years of
2age and who has agreed to help a qualifying patient in his or her medical use of
3tetrahydrocannabinols.
SB363,33 4Section 33. 961.01 (20hm) of the statutes is created to read:
SB363,20,85 961.01 (20hm) "Qualifying patient" means a person who has been diagnosed
6by a physician as having or undergoing a debilitating medical condition or treatment
7but does not include a person under the age of 18 years unless all of the following
8apply:
SB363,20,119 (a) The person's physician has explained the potential risks and benefits of the
10medical use of tetrahydrocannabinols to the person and to a parent, guardian, or
11person having legal custody of the person.
SB363,20,1312 (b) The parent, guardian, or person having legal custody provides the physician
13a written statement consenting to do all of the following:
SB363,20,1414 1. Allow the person's medical use of tetrahydrocannabinols.
SB363,20,1515 2. Serve as a primary caregiver for the person.
SB363,20,1616 3. Manage the person's medical use of tetrahydrocannabinols.
SB363,34 17Section 34. 961.01 (20ht) of the statutes is created to read:
SB363,20,1918 961.01 (20ht) "Registry identification card" has the meaning given in s. 146.44
19(1) (g).
SB363,35 20Section 35. 961.01 (20t) of the statutes is created to read:
SB363,20,2221 961.01 (20t) "Treatment team" means a qualifying patient and his or her
22primary caregivers.
SB363,36 23Section 36. 961.01 (21f) of the statutes is created to read:
SB363,21,3
1961.01 (21f) "Usable marijuana" means marijuana leaves or flowers but does
2not include seeds, stalks, or roots or any ingredients combined with the leaves or
3flowers.
SB363,37 4Section 37. 961.01 (21t) of the statutes is created to read:
SB363,21,65 961.01 (21t) "Written certification" means a statement made by a person's
6physician if all of the following apply:
SB363,21,107 (a) The statement indicates that, in the physician's professional opinion, the
8person has or is undergoing a debilitating medical condition or treatment and the
9potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a)
10would likely outweigh the health risks for the person.
SB363,21,1311 (b) The statement indicates that the opinion described in par. (a) was formed
12after a full assessment, made in the course of a bona fide physician-patient
13relationship, of the person's medical history and current medical condition.
SB363,21,1514 (c) The statement is signed by the physician or is contained in the person's
15medical records.
SB363,38 16Section 38. 961.436 of the statutes is created to read:
SB363,21,21 17961.436 Medical use defense in cases involving
18tetrahydrocannabinols.
(1) A member of a qualifying patient's treatment team
19has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or
20possessing with intent to manufacture, tetrahydrocannabinols if all of the following
21apply:
SB363,21,2322 (a) The manufacture or possession is a medical use of tetrahydrocannabinols
23by the treatment team.
SB363,21,2524 (b) The amount of tetrahydrocannabinols does not exceed the maximum
25authorized amount.
SB363,22,3
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.
SB363,22,54 (d) If the member is a primary caregiver, he or she is not a primary caregiver
5to more than 5 qualifying patients.
SB363,22,9 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:
SB363,22,1110 (a) The distribution, delivery, or possession is a medical use of
11tetrahydrocannabinols by the treatment team.
SB363,22,1312 (b) The amount of tetrahydrocannabinols does not exceed the maximum
13authorized amount.
SB363,22,1614 (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.
SB363,22,1817 (d) If the member is a primary caregiver, he or she is not a primary caregiver
18to more than 5 qualifying patients.
SB363,22,21 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:
SB363,22,2322 1. The possession or attempted possession is a medical use of
23tetrahydrocannabinols by the treatment team.
SB363,22,2524 2. The amount of tetrahydrocannabinols does not exceed the maximum
25authorized amount.
SB363,23,3
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.
SB363,23,54 4. If the member is a primary caregiver, he or she is not a primary caregiver
5to more than 5 qualifying patients.
SB363,23,76 (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:
SB363,23,108 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).
SB363,23,1311 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.
SB363,23,1414 3. The person smokes marijuana in, on, or at any of the following places:
SB363,23,1515 a. A school bus or a public transit vehicle.
SB363,23,1616 b. The person's place of employment.
SB363,23,1717 c. Public or private school premises.
SB363,23,1818 d. A juvenile correctional facility.
SB363,23,1919 e. A jail or adult correctional facility.
SB363,23,2020 f. A public park, beach, or recreation center.
SB363,23,2121 g. A youth center.
SB363,24,3 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.
SB363,24,12 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.
SB363,39 13Section 39. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
14amended to read:
SB363,24,1815 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:
SB363,24,20 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.
SB363,40 21Section 40. 961.55 (8) (b) of the statutes is created to read:
SB363,24,2322 961.55 (8) (b) A valid registry identification card or a valid out-of-state
23registry identification card.
SB363,41 24Section 41. 961.55 (8) (c) of the statutes is created to read:
SB363,25,2
1961.55 (8) (c) The person's written certification, if the person is a qualifying
2patient.
SB363,42 3Section 42. 961.55 (8) (d) of the statutes is created to read:
SB363,25,54 961.55 (8) (d) A written certification for a qualifying patient for whom the
5person is a primary caregiver.
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