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AB546-AA3,26,5
1450.07 (1) (a) Except as provided under par. (b) and sub. (1m), no person may
2engage in manufacturing in this state unless the person obtains a manufacturer's
3license from the board. For the issuance of a license under this subsection, the
4applicant shall pay the initial credential fee determined by the department under s.
5440.03 (9) (a).
AB546-AA3,33 6Section 33. 450.07 (1) (b) of the statutes is created to read:
AB546-AA3,26,97 450.07 (1) (b) 1. No license under this section is required for a person acting
8within the scope of a valid medical cannabis producer, processor, or dispensary
9license under s. 94.57.
AB546-AA3,26,1210 2. No license under this section is required for an individual who plants, grows,
11cultivates, or harvests no more than 12 cannabis plants if the individual is one of the
12following:
AB546-AA3,26,1413 a. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
14to provide medical cannabis for his or her own use.
AB546-AA3,26,1615 b. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
16to provide medical cannabis for his or her qualifying patient.
AB546-AA3,34 17Section 34. 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and
18amended to read:
AB546-AA3,26,2119 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the
20wholesale distribution of a prescription drug in this state without obtaining a license
21from the board for each facility from which the person distributes prescription drugs.
AB546-AA3,27,2 22(b) 1. The board shall exempt from the licensure requirement under this section
23a manufacturer that distributes prescription drugs or devices manufactured by the
24manufacturer from licensing and other requirements under this section to the extent

1the license or requirement is not required under federal law or regulation, unless the
2board determines that it is necessary to apply a requirement to a manufacturer.
AB546-AA3,35 3Section 35. 450.071 (1) (b) 2. and 3. of the statutes are created to read:
AB546-AA3,27,64 450.071 (1) (b) 2. No license under this section is required for a person acting
5within the scope of a valid medical cannabis producer, processor, or dispensary
6license under s. 94.57.
AB546-AA3,27,97 3. No license under this section is required for an individual who plants, grows,
8cultivates, or harvests no more than 12 cannabis plants if the individual is one of the
9following:
AB546-AA3,27,1110 a. A qualifying patient, as defined in s. 146.44 (1) (e), who is taking the actions
11to provide medical cannabis for his or her own use.
AB546-AA3,27,1312 b. A primary caregiver, as defined in s. 146.44 (1) (d), who is taking the actions
13to provide medical cannabis for his or her qualifying patient.”.
AB546-AA3,27,14 143. Page 10, line 3: after that line insert:
AB546-AA3,27,15 15 Section 36. 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB546-AA3,27,2116 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
17legal custody and periods of physical placement, the court shall consider all facts
18relevant to the best interest of the child. The court may not prefer one parent or
19potential custodian over the other on the basis of the sex or race of the parent or
20potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider
21the following factors in making its determination:
AB546-AA3,37 22Section 37. 767.41 (5) (d) of the statutes is created to read:
AB546-AA3,28,523 767.41 (5) (d) The court may not consider as a factor in determining the legal
24custody of a child whether a parent or potential custodian holds, or has applied for,

1a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
2of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying
3patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44
4(1) (d), unless the parent or potential custodian's behavior creates an unreasonable
5danger to the child that can be clearly articulated and substantiated.
AB546-AA3,38 6Section 38. 767.451 (5m) (a) of the statutes is amended to read:
AB546-AA3,28,107 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify
8legal custody or physical placement orders, the court shall consider the factors under
9s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
10a manner consistent with s. 767.41.
AB546-AA3,39 11Section 39. 767.451 (5m) (d) of the statutes is created to read:
AB546-AA3,28,1912 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
13consider as a factor in making a determination whether a parent or potential
14custodian holds, or has applied for, a registry identification card, as defined in s.
15146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
16146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or
17a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential
18custodian's behavior creates an unreasonable danger to the child that can be clearly
19articulated and substantiated.
AB546-AA3,40 20Section 40. 961.01 (5m) of the statutes is created to read:
AB546-AA3,28,2221 961.01 (5m) “Debilitating medical condition or treatment" has the meaning
22given in s. 146.44 (1) (b).
AB546-AA3,41 23Section 41. 961.01 (12v) of the statutes is created to read:
AB546-AA3,29,3
1961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor
2area that is capable of being locked or that requires a security device and that permits
3access only by a member of a treatment team.
AB546-AA3,42 4Section 42. 961.01 (14c) of the statutes is created to read:
AB546-AA3,29,65 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants
6and 3 ounces of usable cannabis.
AB546-AA3,43 7Section 43. 961.01 (14g) of the statutes is created to read:
AB546-AA3,29,88 961.01 (14g) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
AB546-AA3,44 9Section 44. 961.01 (17k) of the statutes is created to read:
AB546-AA3,29,1110 961.01 (17k) “Out-of-state registry identification card" has the meaning given
11in s. 146.44 (1) (cm).
AB546-AA3,45 12Section 45. 961.01 (19m) of the statutes is created to read:
AB546-AA3,29,1313 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
AB546-AA3,46 14Section 46. 961.01 (20hm) of the statutes is created to read:
AB546-AA3,29,1515 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
AB546-AA3,47 16Section 47. 961.01 (20ht) of the statutes is created to read:
AB546-AA3,29,1817 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44
18(1) (g).
AB546-AA3,48 19Section 48. 961.01 (20t) of the statutes is created to read:
AB546-AA3,29,2120 961.01 (20t) “Treatment team" means a qualifying patient and his or her
21primary caregivers.
AB546-AA3,49 22Section 49. 961.01 (21f) of the statutes is created to read:
AB546-AA3,29,2423 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not
24include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.
AB546-AA3,50 25Section 50. 961.01 (21t) of the statutes is created to read:
AB546-AA3,30,1
1961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).
AB546-AA3,51 2Section 51. 961.436 of the statutes is created to read:
AB546-AA3,30,6 3961.436 Medical cannabis defense. (1) A member of a qualifying patient's
4treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for
5manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if
6all of the following apply:
AB546-AA3,30,87 (a) The manufacture or possession is by the treatment team to use medical
8cannabis.
AB546-AA3,30,99 (b) The amount of cannabis does not exceed the maximum authorized amount.
AB546-AA3,30,1210 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
11of a qualifying patient's treatment team is accessing the plants or has the plants in
12his or her possession.
AB546-AA3,30,1413 (d) If the member is a primary caregiver, he or she is not a primary caregiver
14to more than 10 qualifying patients.
AB546-AA3,30,18 15(2) A member of a qualifying patient's treatment team has a defense to
16prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
17possessing with intent to distribute or deliver, tetrahydrocannabinols to another
18member of the treatment team if all of the following apply:
AB546-AA3,30,2019 (a) The distribution, delivery, or possession is by the treatment team to use
20medical cannabis.
AB546-AA3,30,2121 (b) The amount of cannabis does not exceed the maximum authorized amount.
AB546-AA3,30,2422 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
23of a qualifying patient's treatment team is accessing the plants or has the plants in
24his or her possession.
AB546-AA3,31,2
1(d) If the member is a primary caregiver, he or she is not a primary caregiver
2to more than 10 qualifying patients.
AB546-AA3,31,5 3(3) (a) Except as provided in par. (b), a member of a qualifying patient's
4treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
5following apply:
AB546-AA3,31,76 1. The possession or attempted possession is by the treatment team to use
7medical cannabis.
AB546-AA3,31,88 2. The amount of cannabis does not exceed the maximum authorized amount.
AB546-AA3,31,119 3. Any live cannabis plants are in a lockable, enclosed facility unless a member
10of a qualifying patient's treatment team is accessing the plants or has the plants in
11his or her possession.
AB546-AA3,31,1312 4. If the member is a primary caregiver, he or she is not a primary caregiver
13to more than 10 qualifying patients.
AB546-AA3,31,1514 (b) A person may not assert the defense described in par. (a) if, while he or she
15possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB546-AA3,31,1816 1. The person drives or operates a motor vehicle while under the influence of
17tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
18with s. 346.63 (1).
AB546-AA3,31,2119 2. While under the influence of tetrahydrocannabinols, the person operates
20heavy machinery or engages in any other conduct that endangers the health or
21well-being of another person.
AB546-AA3,31,2222 3. The person smokes cannabis in, on, or at any of the following places:
AB546-AA3,31,2323 a. A school bus or a public transit vehicle.
AB546-AA3,31,2424 b. The person's place of employment.
AB546-AA3,31,2525 c. Public or private school premises.
AB546-AA3,32,1
1d. A juvenile correctional facility.
AB546-AA3,32,22 e. A jail or adult correctional facility.
AB546-AA3,32,33 f. A public park, beach, or recreation center.
AB546-AA3,32,44 g. A youth center.
AB546-AA3,32,8 5(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
6registry identification card, a valid out-of-state registry identification card, or a
7written certification is presumptive evidence that the element under sub. (1) (a), (2)
8(a), or (3) (a) 1. has been satisfied.
AB546-AA3,32,17 9(5) Notwithstanding s. 227.12 (1), any person may petition the department of
10health services to promulgate a rule to designate a medical condition or treatment
11as a debilitating medical condition or treatment. The department of health services
12shall promulgate rules providing for public notice of and a public hearing regarding
13a petition, with the public hearing providing persons an opportunity to comment
14upon the petition. After the hearing, but no later than 180 days after the submission
15of the petition, the department of health services shall approve or deny the petition.
16The department of health service's decision to approve or deny a petition is subject
17to judicial review under s. 227.52.
AB546-AA3,52 18Section 52. 961.55 (8) (c), (d) and (e) of the statutes are created to read:
AB546-AA3,32,2019 961.55 (8) (c) A valid registry identification card or a valid out-of-state registry
20identification card.
AB546-AA3,32,2121 (d) The person's written certification, if the person is a qualifying patient.
AB546-AA3,32,2322 (e) A written certification for a qualifying patient for whom the person is a
23primary caregiver.
AB546-AA3,53 24Section 53. 961.555 (2) (am) 6. of the statutes is amended to read:
AB546-AA3,33,3
1961.555 (2) (am) 6. The property is contraband that is subject to forfeiture
2under s. 961.55 (6), (6m), or, unless the defendant invokes a defense under s. 961.436
3or 961.5755, under s. 961.55 (6)
or (7).
AB546-AA3,54 4Section 54. 961.555 (2r) of the statutes is created to read:
AB546-AA3,33,75 961.555 (2r) Medical use defense. (a) In an action to forfeit property seized
6under s. 961.55, the person who was in possession of the property when it was seized
7has a defense to the forfeiture of the property if any of the following applies:
AB546-AA3,33,108 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
9961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
10a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB546-AA3,33,1411 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
12961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
13if the person had been, he or she would have had a valid defense under s. 961.436 (1),
14(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB546-AA3,33,1915 (b) The owner of property seized under s. 961.55 who is raising a defense under
16par. (a) shall do so in the answer to the complaint that he or she serves under sub.
17(2) (b). If a property owner raises such a defense in his or her answer, the state must,
18as part of the burden of proof specified in sub. (3), prove that the facts constituting
19the defense do not exist.
AB546-AA3,55 20Section 55. 961.56 (1) of the statutes is amended to read:
AB546-AA3,34,221 961.56 (1) It Except as provided in s. 961.555 (2r) (b) and except for any
22presumption arising under s. 961.436 (4) or 961.5755 (3), it
is not necessary for the
23state to negate any exemption or exception in this chapter in any complaint,
24information, indictment or other pleading or in any trial, hearing or other proceeding

1under this chapter. The, and the burden of proof of any exemption or exception is
2upon the person claiming it.
AB546-AA3,56 3Section 56. 961.5755 of the statutes is created to read:
AB546-AA3,34,7 4961.5755 Medical cannabis defense in drug paraphernalia cases. (1) (a)
5Except as provided in par. (b), a member of a treatment team has a defense to
6prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary
7intent to use, drug paraphernalia to use medical cannabis.
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