SB59,2208 Section 2208 . 961.14 (4) (t) 1. of the statutes is amended to read:

SB59,1074,22 961.14 (4) (t) 1. Cannabidiol in a form without a psychoactive effect that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).

SB59,2209 Section 2209 . 961.32 (2m) of the statutes is repealed.

SB59,2210 Section 2210 . 961.38 (1n) of the statutes is repealed.

SB59,2211 Section 2211. 961.41 (1) (h) 1. of the statutes is renumbered 961.41 (1) (h) 1r. and amended to read:

SB59,1075,5 961.41 (1) (h) 1r. Two hundred More than 25 grams but not more than 200 grams or less, or more than 2 but not more than 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.

SB59,2212 Section 2212. 961.41 (1) (h) 1g. of the statutes is created to read:

SB59,1075,10 961.41 (1) (h) 1g. Twenty-five grams or less, or 2 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony if the person is at least 17 years of age and distributes or delivers to a person who is no more than 17 years of age and who is at least 3 years younger than the person distributing or delivering.

SB59,2213 Section 2213. 961.41 (1m) (h) 1. of the statutes is amended to read:

SB59,1075,14 961.41 (1m) (h) 1. Two hundred More than 25 grams but not more than 200 grams or less, or more than 2 but not more than 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.

SB59,2214 Section 2214. 961.41 (1q) (title) of the statutes is repealed and recreated to read:

SB59,1075,17 961.41 (1q) (title) Tetrahydrocannabinols penalty and probable cause.

SB59,2215 Section 2215. 961.41 (1q) of the statutes is renumbered 961.41 (1q) (a).

SB59,2216 Section 2216. 961.41 (1q) (b) and (c) of the statutes are created to read:

SB59,1075,21 961.41 (1q) (b) The following are not sufficient to establish probable cause that a violation of sub. (1) (h) has occurred:

SB59,1075,22 1. Odor of marijuana.

SB59,1075,23 2. The possession of not more than 25 grams of marijuana.

SB59,1076,3 (c) No individual on parole, probation, extended supervision, supervised release, or any other release may have the release revoked for possessing not more than 25 grams of marijuana.

SB59,2217 Section 2217. 961.41 (1r) of the statutes is amended to read:

SB59,1076,14 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and, (1m) (h), and (3g) (e), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes means the weight of any only marijuana.

SB59,2218 Section 2218. 961.41 (3g) (e) of the statutes is amended to read:

SB59,1077,2 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess more than 25 grams of tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

SB59,2219 Section 2219. 961.436 of the statutes is created to read:

SB59,1077,8 961.436 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:

SB59,1077,10 (a) The manufacture or possession is by the treatment team for medication with tetrahydrocannabinols.

SB59,1077,11 (b) The amount of cannabis does not exceed the maximum authorized amount.

SB59,1077,14 (c) Any live cannabis 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.

SB59,1077,16 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

SB59,1077,20 (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: