SB38,28,6 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB38,28,10 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB38,28,15 (b) The owner of property seized under s. 961.55 who is raising a defense under par. (a) shall do so in the answer to the complaint that he or she serves under sub. (2) (b). If a property owner raises such a defense in his or her answer, the state must, as part of the burden of proof specified in sub. (3), prove that the facts constituting the defense do not exist.

SB38,45 Section 45 . 961.56 (1) of the statutes is amended to read:

SB38,28,22 961.56 (1) It Except as provided in s. 961.555 (2m) (b) and except for any presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The, and the burden of proof of any exemption or exception is upon the person claiming it.

SB38,46 Section 46. 961.5755 of the statutes is created to read:

SB38,29,3 961.5755 Medical use of marijuana defense in drug paraphernalia cases. (1) (a) Except as provided in par. (b), a member of a treatment team has a defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary intent to use, drug paraphernalia only for the medical use of tetrahydrocannabinols by the treatment team.

SB38,29,5 (b) This subsection does not apply if while the person uses, or possesses with the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.

SB38,29,10 (2) A member of a treatment team has a defense to prosecution under s. 961.574 (1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used for the medical use of tetrahydrocannabinols by the treatment team.

SB38,29,17 (3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry identification card, a valid out-of-state registry identification card, or a written certification is presumptive evidence that the person identified on the valid registry identification card or valid out-of-state registry identification card as a qualifying patient or the subject of the written certification is a qualifying patient and that, if the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of his or her debilitating medical condition or treatment.

SB38,47 Section 47. 968.072 of the statutes is created to read:

SB38,29,20 968.072 Medical use of marijuana; arrest and prosecution. (1) Definitions. In this section:

SB38,29,21 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).

SB38,29,22 (am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

SB38,29,24 (b) “Medical use of tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

SB38,30,2 (bm) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

SB38,30,3 (c) “Primary caregiver" has the meaning given in s. 961.01 (19m).

SB38,30,4 (d) “Qualifying patient" has the meaning given in s. 961.01 (20hm).

SB38,30,5 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB38,30,6 (f) “Treatment team" has the meaning given in s. 961.01 (20t).

SB38,30,7 (g) “Written certification" has the meaning given in s. 961.01 (21t).

SB38,30,11 (2) Limitations on arrests and prosecution; medical use of marijuana. Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e) if all of the following apply:

SB38,30,14 (a) The member manufactures, distributes, delivers, or possesses tetrahydrocannabinols for the medical use of tetrahydrocannabinols by the treatment team.

SB38,30,17 (b) The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

SB38,30,19 (c) The quantity of tetrahydrocannabinols does not exceed the maximum authorized amount.

SB38,30,21 (d) Any live marijuana plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

SB38,30,23 (e) If the member is a primary caregiver, he or she is not a primary caregiver to more than 5 qualifying patients.

SB38,31,2 (3) Limitations on arrests and prosecution; drug paraphernalia for medical use of marijuana. (a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the following apply:

SB38,31,5 1. The member uses, or possesses with the primary intent to use, drug paraphernalia only for the medical use of tetrahydrocannabinols by the treatment team.