SB10-ASA1,32 Section 32. 961.01 (20hm) of the statutes is created to read:

SB10-ASA1,22,12 961.01 (20hm) “Qualifying patient" means a person who has been diagnosed in the course of a bona fide practitioner-patient relationship as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

SB10-ASA1,22,15 (a) The person's practitioner has explained the potential risks and benefits of the medical use of tetrahydrocannabinols to the person and to a parent, guardian, or person having legal custody of the person.

SB10-ASA1,22,17 (b) The parent, guardian, or person having legal custody provides the practitioner a written statement consenting to do all of the following:

SB10-ASA1,22,18 1. Allow the person's medical use of tetrahydrocannabinols.

SB10-ASA1,22,19 2. Serve as a primary caregiver for the person.

SB10-ASA1,22,20 3. Manage the person's medical use of tetrahydrocannabinols.

SB10-ASA1,33 Section 33. 961.01 (20ht) of the statutes is created to read:

SB10-ASA1,22,23 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB10-ASA1,34 Section 34. 961.01 (20t) of the statutes is created to read:

SB10-ASA1,23,2 961.01 (20t) “Treatment team" means a qualifying patient and his or her primary caregivers.

SB10-ASA1,35 Section 35 . 961.01 (21f) of the statutes is created to read:

SB10-ASA1,23,6 961.01 (21f) “Usable marijuana" means marijuana leaves or flowers but does not include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.

SB10-ASA1,36 Section 36. 961.01 (21t) of the statutes is created to read:

SB10-ASA1,23,9 961.01 (21t) “Written certification" means a statement made by a person's practitioner if all of the following apply:

SB10-ASA1,23,13 (a) The statement indicates that, in the practitioner's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of tetrahydrocannabinols under sub. (14g) (a) would likely outweigh the health risks for the person.

SB10-ASA1,23,15 (b) The statement indicates that the opinion described in par. (a) was made in the course of a bona fide practitioner-patient relationship.

SB10-ASA1,23,17 (c) The statement is signed by the practitioner or is contained in the person's medical records.

SB10-ASA1,37 Section 37. 961.436 of the statutes is created to read:

SB10-ASA1,23,23 961.436 Medical use defense in cases involving tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

SB10-ASA1,23,25 (a) The manufacture or possession is a medical use of tetrahydrocannabinols by the treatment team.

SB10-ASA1,24,2 (b) The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB10-ASA1,24,5 (c) Any live marijuana plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB10-ASA1,24,7 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB10-ASA1,24,11 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply:

SB10-ASA1,24,13 (a) The distribution, delivery, or possession is a medical use of tetrahydrocannabinols by the treatment team.

SB10-ASA1,24,15 (b) The amount of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB10-ASA1,24,18 (c) Any live marijuana plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB10-ASA1,24,20 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.