SB371,25,2313 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.
SB371, s. 43 24Section 43. 961.555 (2) (e) of the statutes is created to read:
SB371,26,3
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:
SB371,26,44 1. The defendant requests an adjournment.
SB371,26,55 2. The defendant invokes a defense to the crime under s. 961.436 or 961.5755.
SB371, s. 44 6Section 44. 961.555 (2m) of the statutes is created to read:
SB371,26,97 961.555 (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:
SB371,26,1210 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).
SB371,26,1613 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).
SB371,26,2117 (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.
SB371, s. 45 22Section 45. 961.56 (1) of the statutes is amended to read:
SB371,27,323 961.56 (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.
SB371, s. 46 4Section 46. 961.5755 of the statutes is created to read:
SB371,27,9 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.
SB371,27,1110 (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.
SB371,27,16 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.
SB371,27,23 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.
SB371, s. 47 24Section 47. 968.072 of the statutes is created to read:
SB371,28,2
1968.072 Medical use of marijuana; arrest and prosecution. (1)
2Definitions. In this section:
SB371,28,33 (a) "Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
SB371,28,44 (am) "Maximum authorized amount" has the meaning given in s. 961.01 (14c).
SB371,28,65 (b) "Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01
6(14g).
SB371,28,87 (bm) "Out-of-state registry identification card" has the meaning given in s.
8146.44 (1) (cm).
SB371,28,99 (c) "Primary caregiver" has the meaning given in s. 961.01 (19m).
SB371,28,1010 (d) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
SB371,28,1111 (e) "Registry identification card" has the meaning given in s. 146.44 (1) (g).
SB371,28,1212 (f) "Treatment team" has the meaning given in s. 961.01 (20t).
SB371,28,1313 (g) "Written certification" has the meaning given in s. 961.01 (21t).
SB371,28,17 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: