SB789,22,109 961.01 (5m) "Debilitating medical condition or treatment" means any of the
10following:
SB789,22,1511 (a) Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
12the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
13Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
14lateral sclerosis, nail patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
15stress disorder, or the treatment of these conditions.
SB789,22,1916 (b) A chronic or debilitating disease or medical condition or the treatment of
17such a disease or condition that causes cachexia, severe pain, severe nausea,
18seizures, including those characteristic of epilepsy, or severe and persistent muscle
19spasms, including those characteristic of multiple sclerosis.
SB789,22,2220 (c) Any other medical condition or any other treatment for a medical condition
21designated as a debilitating medical condition or treatment in rules promulgated by
22the department of health services under s. 961.436 (5).
SB789,33 23Section 33. 961.01 (11v) of the statutes is created to read:
SB789,22,2524 961.01 (11v) "HIV" means any strain of human immunodeficiency virus, which
25causes acquired immunodeficiency syndrome.
SB789,34
1Section 34. 961.01 (12v) of the statutes is created to read:
SB789,23,42 961.01 (12v) "Lockable, enclosed facility" means an enclosed indoor or outdoor
3area that is lockable, or may use a security device, to permit access only by a member
4of a qualifying patient's treatment team.
SB789,35 5Section 35. 961.01 (14c) of the statutes is created to read:
SB789,23,76 961.01 (14c) "Maximum authorized amount" means 12 live marijuana plants
7and 3 ounces of usable marijuana.
SB789,36 8Section 36. 961.01 (14g) of the statutes is created to read:
SB789,23,109 961.01 (14g) "Medical use of tetrahydrocannabinols" means any of the
10following:
SB789,23,1311 (a) The use of tetrahydrocannabinols in any form by a qualifying patient to
12alleviate the symptoms or effects of the qualifying patient's debilitating medical
13condition or treatment.
SB789,23,1614 (b) The acquisition, possession, cultivation, or transportation of
15tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or
16her use of the tetrahydrocannabinols under par. (a).
SB789,23,2217 (c) The acquisition, possession, cultivation, or transportation of
18tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient,
19the transfer of tetrahydrocannabinols in any form between a qualifying patient and
20his or her primary caregivers, or the transfer of tetrahydrocannabinols in any form
21between persons who are primary caregivers for the same qualifying patient if all of
22the following apply:
SB789,23,2523 1. The acquisition, possession, cultivation, transportation, or transfer of the
24tetrahydrocannabinols is done to facilitate the qualifying patient's use of
25tetrahydrocannabinols under par. (a) or (b).
SB789,24,3
12. It is not practicable for the qualifying patient to acquire, possess, cultivate,
2or transport the tetrahydrocannabinols independently, or the qualifying patient is
3under 18 years of age.
SB789,37 4Section 37. 961.01 (17k) of the statutes is created to read:
SB789,24,65 961.01 (17k) "Out-of-state registry identification card" has the meaning given
6in s. 146.44 (1) (cm).
SB789,38 7Section 38. 961.01 (19m) of the statutes is created to read:
SB789,24,118 961.01 (19m) "Primary caregiver" means a person who is at least 21 years of
9age, who would not be denied, under s. 146.44 (3), a registry identification card, and
10who has agreed to help a qualifying patient in his or her medical use of
11tetrahydrocannabinols.
SB789,39 12Section 39. 961.01 (20hm) of the statutes is created to read:
SB789,24,1613 961.01 (20hm) "Qualifying patient" means a person who has been diagnosed
14in the course of a bona fide practitioner-patient relationship as having or undergoing
15a debilitating medical condition or treatment but does not include a person under the
16age of 18 years unless all of the following apply:
SB789,24,1917 (a) The person's practitioner has explained the potential risks and benefits of
18the medical use of tetrahydrocannabinols to the person and to a parent, guardian,
19or person having legal custody of the person.
SB789,24,2120 (b) The parent, guardian, or person having legal custody provides the
21practitioner a written statement consenting to do all of the following:
SB789,24,2222 1. Allow the person's medical use of tetrahydrocannabinols.
SB789,24,2323 2. Serve as a primary caregiver for the person.
SB789,24,2424 3. Manage the person's medical use of tetrahydrocannabinols.
SB789,40 25Section 40. 961.01 (20ht) of the statutes is created to read:
SB789,25,2
1961.01 (20ht) "Registry identification card" has the meaning given in s. 146.44
2(1) (g).
SB789,41 3Section 41. 961.01 (20t) of the statutes is created to read:
SB789,25,54 961.01 (20t) "Treatment team" means a qualifying patient and his or her
5primary caregivers.
SB789,42 6Section 42. 961.01 (21f) of the statutes is created to read:
SB789,25,97 961.01 (21f) "Usable marijuana" means marijuana leaves or flowers but does
8not include seeds, stalks, or roots or any ingredients combined with the leaves or
9flowers.
SB789,43 10Section 43. 961.01 (21t) of the statutes is created to read:
SB789,25,1211 961.01 (21t) "Written certification" means a statement made by a person's
12practitioner if all of the following apply:
SB789,25,1613 (a) The statement indicates that, in the practitioner's professional opinion, the
14person has or is undergoing a debilitating medical condition or treatment and the
15potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a)
16would likely outweigh the health risks for the person.
SB789,25,1817 (b) The statement indicates that the opinion described in par. (a) was made in
18the course of a bona fide practitioner-patient relationship.
SB789,25,2019 (c) The statement is signed by the practitioner or is contained in the person's
20medical records.
SB789,44 21Section 44. 961.436 of the statutes is created to read:
SB789,26,2 22961.436 Medical use defense in cases involving
23tetrahydrocannabinols.
(1) A member of a qualifying patient's treatment team
24has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or

1possessing with intent to manufacture, tetrahydrocannabinols if all of the following
2apply:
SB789,26,43 (a) The manufacture or possession is a medical use of tetrahydrocannabinols
4by the treatment team.
SB789,26,65 (b) The amount of tetrahydrocannabinols does not exceed the maximum
6authorized amount.
SB789,26,97 (c) Any live marijuana plants are in a lockable, enclosed facility unless a
8member of a qualifying patient's treatment team is accessing the plants or has the
9plants in his or her possession.
SB789,26,1110 (d) If the member is a primary caregiver, he or she is not a primary caregiver
11to more than 5 qualifying patients.
SB789,26,15 12(2) A member of a qualifying patient's treatment team has a defense to
13prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
14possessing with intent to distribute or deliver, tetrahydrocannabinols to another
15member of the treatment team if all of the following apply:
SB789,26,1716 (a) The distribution, delivery, or possession is a medical use of
17tetrahydrocannabinols by the treatment team.
SB789,26,1918 (b) The amount of tetrahydrocannabinols does not exceed the maximum
19authorized amount.
SB789,26,2220 (c) Any live marijuana plants are in a lockable, enclosed facility unless a
21member of a qualifying patient's treatment team is accessing the plants or has the
22plants in his or her possession.
SB789,26,2423 (d) If the member is a primary caregiver, he or she is not a primary caregiver
24to more than 5 qualifying patients.
SB789,27,3
1(3) (a) Except as provided in par. (b), a member of a qualifying patient's
2treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
3following apply:
SB789,27,54 1. The possession or attempted possession is a medical use of
5tetrahydrocannabinols by the treatment team.
SB789,27,76 2. The amount of tetrahydrocannabinols does not exceed the maximum
7authorized amount.
SB789,27,108 3. Any live marijuana plants are in a lockable, enclosed facility unless a
9member of a qualifying patient's treatment team is accessing the plants or has the
10plants in his or her possession.
SB789,27,1211 4. If the member is a primary caregiver, he or she is not a primary caregiver
12to more than 5 qualifying patients.
SB789,27,1413 (b) A person may not assert the defense described in par. (a) if, while he or she
14possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
SB789,27,1715 1. The person drives or operates a motor vehicle while under the influence of
16tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
17with s. 346.63 (1).
SB789,27,2018 2. While under the influence of tetrahydrocannabinols, the person operates
19heavy machinery or engages in any other conduct that endangers the health or
20well-being of another person.
SB789,27,2121 3. The person smokes marijuana in, on, or at any of the following places:
SB789,27,2222 a. A school bus or a public transit vehicle.
SB789,27,2323 b. The person's place of employment.
SB789,27,2424 c. Public or private school premises.
SB789,27,2525 d. A juvenile correctional facility.
SB789,28,1
1e. A jail or adult correctional facility.
SB789,28,22 f. A public park, beach, or recreation center.
SB789,28,33 g. A youth center.
SB789,28,10 4(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
5registry identification card, a valid out-of-state registry identification card, or a
6written certification is presumptive evidence that the person identified on the card
7as a qualifying patient or the subject of the written certification is a qualifying
8patient and that, if the person uses tetrahydrocannabinols, he or she does so to
9alleviate the symptoms or effects of his or her debilitating medical condition or
10treatment.
SB789,28,19 11(5) Notwithstanding s. 227.12 (1), any person may petition the department of
12health services to promulgate a rule to designate a medical condition or treatment
13as a debilitating medical condition or treatment. The department of health services
14shall promulgate rules providing for public notice of and a public hearing regarding
15any such petition, with the public hearing providing persons an opportunity to
16comment upon the petition. After the hearing, but no later than 180 days after the
17submission of the petition, the department of health services shall approve or deny
18the petition. The department of health service's decision to approve or deny a
19petition is subject to judicial review under s. 227.52.
SB789,45 20Section 45. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
21amended to read:
SB789,28,2522 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:
SB789,29,2
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.
SB789,46 3Section 46. 961.55 (8) (b) of the statutes is created to read:
SB789,29,54 961.55 (8) (b) A valid registry identification card or a valid out-of-state
5registry identification card.
SB789,47 6Section 47. 961.55 (8) (c) of the statutes is created to read:
SB789,29,87 961.55 (8) (c) The person's written certification, if the person is a qualifying
8patient.
SB789,48 9Section 48. 961.55 (8) (d) of the statutes is created to read:
SB789,29,1110 961.55 (8) (d) A written certification for a qualifying patient for whom the
11person is a primary caregiver.
SB789,49 12Section 49. 961.555 (2) (a) of the statutes is amended to read:
SB789,29,2313 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.
SB789,50 24Section 50. 961.555 (2) (e) of the statutes is created to read:
SB789,30,3
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:
SB789,30,44 1. The defendant requests an adjournment.
SB789,30,55 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
SB789,51 6Section 51. 961.555 (2m) of the statutes is created to read:
SB789,30,97 961.555 (2m) Medical use defense. (a) In an action to forfeit property seized
8under s. 961.55, the person who was in possession of the property when it was seized
9has a defense to the forfeiture of the property if any of the following applies:
SB789,30,1210 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).
SB789,30,1613 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).
SB789,30,2117 (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.
SB789,52 22Section 52. 961.56 (1) of the statutes is amended to read:
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