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AB56,1073,129 948.61 (4) A person under 17 years of age child who has violated this section
10is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
11or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
12938.183.
AB56,2197 13Section 2197. 961.01 (5m) of the statutes is created to read:
AB56,1073,1514 961.01 (5m) “Debilitating medical condition or treatment" has the meaning
15given in s. 146.44 (1) (b).
AB56,2198 16Section 2198 . 961.01 (12v) of the statutes is created to read:
AB56,1073,1917 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor
18area that is lockable, or requires a security device, to permit access only by a member
19of a qualifying patient's treatment team.
AB56,2199 20Section 2199. 961.01 (14c) of the statutes is created to read:
AB56,1073,2221 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants or
223 ounces of usable cannabis.
AB56,2200 23Section 2200. 961.01 (14g) of the statutes is created to read:
AB56,1073,2524 961.01 (14g) “Medication with tetrahydrocannabinols" has the meaning given
25in s. 146.44 (1) (c).
AB56,2201
1Section 2201. 961.01 (17k) of the statutes is created to read:
AB56,1074,32 961.01 (17k) “Out-of-state registry identification card" has the meaning given
3in s. 146.44 (1) (cm).
AB56,2202 4Section 2202. 961.01 (19m) of the statutes is created to read:
AB56,1074,55 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
AB56,2203 6Section 2203. 961.01 (20hm) of the statutes is created to read:
AB56,1074,77 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
AB56,2204 8Section 2204. 961.01 (20ht) of the statutes is created to read:
AB56,1074,109 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44
10(1) (g).
AB56,2205 11Section 2205. 961.01 (20t) of the statutes is created to read:
AB56,1074,1312 961.01 (20t) “Treatment team" means a qualifying patient and his or her
13primary caregivers.
AB56,2206 14Section 2206 . 961.01 (21f) of the statutes is created to read:
AB56,1074,1615 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not
16include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.
AB56,2207 17Section 2207. 961.01 (21t) of the statutes is created to read:
AB56,1074,1818 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).
AB56,2208 19Section 2208 . 961.14 (4) (t) 1. of the statutes is amended to read:
AB56,1074,2220 961.14 (4) (t) 1. Cannabidiol in a form without a psychoactive effect that is
21dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32
22(2m) (b)
.
AB56,2209 23Section 2209 . 961.32 (2m) of the statutes is repealed.
AB56,2210 24Section 2210 . 961.38 (1n) of the statutes is repealed.
AB56,2211
1Section 2211. 961.41 (1) (h) 1. of the statutes is renumbered 961.41 (1) (h) 1r.
2and amended to read:
AB56,1075,53 961.41 (1) (h) 1r. Two hundred More than 25 grams but not more than 200
4grams or less, or more than 2 but not more than 4 or fewer plants containing
5tetrahydrocannabinols, the person is guilty of a Class I felony.
AB56,2212 6Section 2212. 961.41 (1) (h) 1g. of the statutes is created to read:
AB56,1075,107 961.41 (1) (h) 1g. Twenty-five grams or less, or 2 or fewer plants containing
8tetrahydrocannabinols, the person is guilty of a Class I felony if the person is at least
917 years of age and distributes or delivers to a person who is no more than 17 years
10of age and who is at least 3 years younger than the person distributing or delivering.
AB56,2213 11Section 2213. 961.41 (1m) (h) 1. of the statutes is amended to read:
AB56,1075,1412 961.41 (1m) (h) 1. Two hundred More than 25 grams but not more than 200
13grams or less, or more than 2 but not more than 4 or fewer plants containing
14tetrahydrocannabinols, the person is guilty of a Class I felony.
AB56,2214 15Section 2214. 961.41 (1q) (title) of the statutes is repealed and recreated to
16read:
AB56,1075,1717 961.41 (1q) (title) Tetrahydrocannabinols penalty and probable cause.
AB56,2215 18Section 2215. 961.41 (1q) of the statutes is renumbered 961.41 (1q) (a).
AB56,2216 19Section 2216. 961.41 (1q) (b) and (c) of the statutes are created to read:
AB56,1075,2120 961.41 (1q) (b) The following are not sufficient to establish probable cause that
21a violation of sub. (1) (h) has occurred:
AB56,1075,2222 1. Odor of marijuana.
AB56,1075,2323 2. The possession of not more than 25 grams of marijuana.
AB56,1076,3
1(c) No individual on parole, probation, extended supervision, supervised
2release, or any other release may have the release revoked for possessing not more
3than 25 grams of marijuana.
AB56,2217 4Section 2217. 961.41 (1r) of the statutes is amended to read:
AB56,1076,145 961.41 (1r) Determining weight of substance. In determining amounts under
6s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
7of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
8psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic
9cannabinoids, or substituted cathinones, or any controlled substance analog of any
10of these substances together with any compound, mixture, diluent, plant material
11or other substance mixed or combined with the controlled substance or controlled
12substance analog. In addition, in determining amounts under subs. (1) (h) and, (1m)
13(h), and (3g) (e), the amount of tetrahydrocannabinols means anything included
14under s. 961.14 (4) (t) and includes
means the weight of any only marijuana.
AB56,2218 15Section 2218. 961.41 (3g) (e) of the statutes is amended to read:
AB56,1077,216 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to
17possess more than 25 grams of tetrahydrocannabinols included under s. 961.14 (4)
18(t), or a controlled substance analog of tetrahydrocannabinols, the person may be
19fined not more than $1,000 or imprisoned for not more than 6 months or both upon
20a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
21purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
22prior to the offender's conviction of the offense, the offender has at any time been
23convicted of any felony or misdemeanor under this chapter or under any statute of
24the United States or of any state relating to controlled substances, controlled

1substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
2hallucinogenic drugs.
AB56,2219 3Section 2219. 961.436 of the statutes is created to read:
AB56,1077,8 4961.436 Medical use defense in cases involving
5tetrahydrocannabinols.
(1) A member of a qualifying patient's treatment team
6has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or
7possessing with intent to manufacture, tetrahydrocannabinols if all of the following
8apply:
AB56,1077,109 (a) The manufacture or possession is by the treatment team for medication with
10tetrahydrocannabinols.
AB56,1077,1111 (b) The amount of cannabis does not exceed the maximum authorized amount.
AB56,1077,1412 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
13of a qualifying patient's treatment team is accessing the plants or has the plants in
14his or her possession.
AB56,1077,1615 (d) If the member is a primary caregiver, he or she is not a primary caregiver
16to more than 10 qualifying patients.
AB56,1077,20 17(2) A member of a qualifying patient's treatment team has a defense to
18prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
19possessing with intent to distribute or deliver, tetrahydrocannabinols to another
20member of the treatment team if all of the following apply:
AB56,1077,2221 (a) The distribution, delivery, or possession is by the treatment team for
22medication with tetrahydrocannabinols.
AB56,1077,2323 (b) The amount of cannabis does not exceed the maximum authorized amount.
AB56,1078,3
1(c) Any live cannabis plants are in a lockable, enclosed facility unless a member
2of a qualifying patient's treatment team is accessing the plants or has the plants in
3his or her possession.
AB56,1078,54 (d) If the member is a primary caregiver, he or she is not a primary caregiver
5to more than 10 qualifying patients.
AB56,1078,8 6(3) (a) Except as provided in par. (b), a member of a qualifying patient's
7treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
8following apply:
AB56,1078,109 1. The possession or attempted possession is by the treatment team for
10medication with tetrahydrocannabinols.
AB56,1078,1111 2. The amount of cannabis does not exceed the maximum authorized amount.
AB56,1078,1412 3. Any live cannabis plants are in a lockable, enclosed facility unless a member
13of a qualifying patient's treatment team is accessing the plants or has the plants in
14his or her possession.
AB56,1078,1615 4. If the member is a primary caregiver, he or she is not a primary caregiver
16to more than 10 qualifying patients.
AB56,1078,1817 (b) A person may not assert the defense described in par. (a) if, while he or she
18possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB56,1078,2119 1. The person drives or operates a motor vehicle while under the influence of
20tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
21with s. 346.63 (1).
AB56,1078,2422 2. While under the influence of tetrahydrocannabinols, the person operates
23heavy machinery or engages in any other conduct that endangers the health or
24well-being of another person.
AB56,1078,2525 3. The person smokes cannabis in, on, or at any of the following places:
AB56,1079,1
1a. A school bus or a public transit vehicle.
AB56,1079,22 b. The person's place of employment.
AB56,1079,33 c. Public or private school premises.
AB56,1079,44 d. A juvenile correctional facility.
AB56,1079,55 e. A jail or adult correctional facility.
AB56,1079,66 f. A public park, beach, or recreation center.
AB56,1079,77 g. A youth center.
AB56,1079,13 8(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
9registry identification card, a valid out-of-state registry identification card, or a
10written certification is presumptive evidence that the person identified on the card
11as a qualifying patient or the subject of the written certification is a qualifying
12patient and that, if the person uses tetrahydrocannabinols, he or she does so to
13alleviate the symptoms or effects of a debilitating medical condition or treatment.
AB56,1079,22 14(5) Notwithstanding s. 227.12 (1), any person may petition the department of
15health services to promulgate a rule to designate a medical condition or treatment
16as a debilitating medical condition or treatment. The department of health services
17shall promulgate rules providing for public notice of and a public hearing regarding
18a petition, with the public hearing providing persons an opportunity to comment
19upon the petition. After the hearing, but no later than 180 days after the submission
20of the petition, the department of health services shall approve or deny the petition.
21The department of health service's decision to approve or deny a petition is subject
22to judicial review under s. 227.52.
AB56,2220 23Section 2220 . 961.455 (title) of the statutes is amended to read:
AB56,1079,25 24961.455 (title) Using a child minor for illegal drug distribution or
25manufacturing purposes.
AB56,2221
1Section 2221. 961.455 (1) of the statutes is amended to read:
AB56,1080,42 961.455 (1) Any person who has attained the age of 17 years adult who
3knowingly solicits, hires, directs, employs, or uses a person who is under the age of
417 years
minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB56,2222 5Section 2222 . 961.455 (2) of the statutes is amended to read:
AB56,1080,106 961.455 (2) The knowledge requirement under sub. (1) does not require proof
7of knowledge of the age of the child minor. It is not a defense to a prosecution under
8this section that the actor mistakenly believed that the person solicited, hired,
9directed, employed, or used under sub. (1) had attained the age of 18 years, even if
10the mistaken belief was reasonable.
AB56,2223 11Section 2223. 961.46 of the statutes is amended to read:
AB56,1080,17 12961.46 Distribution to persons under age 18. If a person 17 years of age
13or over violates s. 961.41 (1), except s. 961.41 (1) (h) 1g., by distributing or delivering
14a controlled substance or a controlled substance analog to a person 17 years of age
15or under who is at least 3 years his or her junior, the applicable maximum term of
16imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
17more than 5 years.
AB56,2224 18Section 2224 . 961.46 of the statutes, as affected by 2019 Wisconsin Act .... (this
19act), is amended to read:
AB56,1080,25 20961.46 Distribution to persons under age 18 minors. If a person 17 years
21of age or over
an adult violates s. 961.41 (1), except s. 961.41 (1) (h) 1g., by distributing
22or delivering a controlled substance or a controlled substance analog to a person 17
23years of age or under
minor who is at least 3 years his or her junior, the applicable
24maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may
25be increased by not more than 5 years.
AB56,2225
1Section 2225. 961.52 (2) (a) 1. and 2. of the statutes are amended to read:
AB56,1081,42 961.52 (2) (a) 1. Places where persons authorized under s. 961.32 (1m) to
3possess controlled substances in this state are required by federal law to keep
4records; and
AB56,1081,85 2. Places including factories, warehouses, establishments and conveyances in
6which persons authorized under s. 961.32 (1m) to possess controlled substances in
7this state are permitted by federal law to hold, manufacture, compound, process, sell,
8deliver or otherwise dispose of any controlled substance.
AB56,2226 9Section 2226. 961.55 (8) (c), (d) and (e) of the statutes are created to read:
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