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1. The possession or attempted possession is by the treatment team to use
10medical cannabis.
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2. The amount of cannabis does not exceed the maximum authorized amount.
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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.
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4. If the member is a primary caregiver, he or she is not a primary caregiver
16to more than 10 qualifying patients.
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(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:
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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).
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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.
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3. The person smokes cannabis in, on, or at any of the following places:
SB507,34,1
1a. A school bus or a public transit vehicle.
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b. The person's place of employment.
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c. Public or private school premises.
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d. A juvenile correctional facility.
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e. A jail or adult correctional facility.
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f. A public park, beach, or recreation center.
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g. A youth center.
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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 element under sub. (1) (a), (2)
11(a), or (3) (a) 1. has been satisfied.
SB507,34,20
12(5) Notwithstanding s. 227.12 (1), any person may petition the department of
13health services to promulgate a rule to designate a medical condition or treatment
14as a debilitating medical condition or treatment. The department of health services
15shall promulgate rules providing for public notice of and a public hearing regarding
16a petition, with the public hearing providing persons an opportunity to comment
17upon the petition. After the hearing, but no later than 180 days after the submission
18of the petition, the department of health services shall approve or deny the petition.
19The department of health service's decision to approve or deny a petition is subject
20to judicial review under s. 227.52.
SB507,52
21Section
52. 961.55 (8) (c), (d) and (e) of the statutes are created to read:
SB507,34,2322
961.55
(8) (c) A valid registry identification card or a valid out-of-state registry
23identification card.
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(d) The person's written certification, if the person is a qualifying patient.
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1(e) A written certification for a qualifying patient for whom the person is a
2primary caregiver.
SB507,53
3Section 53
. 961.555 (2) (am) 6. of the statutes is amended to read:
SB507,35,64
961.555
(2) (am) 6. The property is contraband that is subject to forfeiture
5under s. 961.55
(6), (6m)
,
or, unless the defendant invokes a defense under s. 961.436
6or 961.5755, under s. 961.55 (6) or (7).
SB507,54
7Section 54
. 961.555 (2r) of the statutes is created to read:
SB507,35,108
961.555
(2r) Medical use defense. (a) In an action to forfeit property seized
9under s. 961.55, the person who was in possession of the property when it was seized
10has a defense to the forfeiture of the property if any of the following applies:
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1. The person was 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 had
13a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
SB507,35,1714
2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
15961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
16if the person had been, he or she would have had a valid defense under s. 961.436 (1),
17(2), or (3) (a) or 961.5755 (1) (a) or (2).
SB507,35,2218
(b) The owner of property seized under s. 961.55 who is raising a defense under
19par. (a) shall do so in the answer to the complaint that he or she serves under sub.
20(2) (b). If a property owner raises such a defense in his or her answer, the state must,
21as part of the burden of proof specified in sub. (3), prove that the facts constituting
22the defense do not exist.
SB507,55
23Section 55
. 961.56 (1) of the statutes is amended to read:
SB507,36,424
961.56
(1) It Except as provided in s. 961.555 (2r) (b) and except for any
25presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the
1state to negate any exemption or exception in this chapter in any complaint,
2information, indictment or other pleading or in any trial, hearing or other proceeding
3under this chapter
. The, and the burden of proof of any exemption or exception is
4upon the person claiming it.
SB507,56
5Section
56. 961.5755 of the statutes is created to read:
SB507,36,9
6961.5755 Medical cannabis defense in drug paraphernalia cases. (1) (a)
7Except as provided in par. (b), a member of a treatment team has a defense to
8prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary
9intent to use, drug paraphernalia to use medical cannabis.
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(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.
SB507,36,16
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 by the treatment team
16to use medical cannabis.
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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 defense is valid.
SB507,57
20Section
57. 968.072 of the statutes is created to read:
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21968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In
22this section:
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(a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
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(am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
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(b) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
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1(bm) “Out-of-state registry identification card" has the meaning given in s.
2146.44 (1) (cm).
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(c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
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(d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
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(e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
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(f) “Treatment team" has the meaning given in s. 961.01 (20t).
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(g) “Written certification" has the meaning given in s. 146.44 (1) (h).
SB507,37,11
8(2) Limitations on arrests and prosecution; medical cannabis. Unless s.
9961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team
10may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g)
11(e) if all of the following apply:
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(a) The member manufactures, distributes, delivers, or possesses
13tetrahydrocannabinols for the use of medical cannabis by the treatment team.
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(b) The member possesses a valid registry identification card, a valid
15out-of-state registry identification card, or a copy of the qualifying patient's written
16certification.
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(c) The quantity of cannabis does not exceed the maximum authorized amount.
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(d) Any live cannabis plants are in a lockable, enclosed facility unless the
19member is accessing the plants or has the plants in his or her possession.
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(e) If the member is a primary caregiver, he or she is not a primary caregiver
21to more than 10 qualifying patients.
SB507,37,25
22(3) Limitations on arrests and prosecution; drug paraphernalia for medical
23cannabis. (a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment
24team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the
25following apply:
SB507,38,2
11. The member uses, or possesses with the primary intent to use, drug
2paraphernalia only to use medical cannabis.
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2. The member possesses a valid registry identification card, a valid
4out-of-state registry identification card, or a copy of the qualifying patient's written
5certification.
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3. The member does not possess more than the maximum authorized amount
7of cannabis.
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4. Any live cannabis plants are in a lockable, enclosed facility unless the
9member is accessing the plants or has the plants in his or her possession.
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5. If the member is a primary caregiver, he or she is not a primary caregiver
11to more than 10 qualifying patients.
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(b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
13may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
14of the following apply:
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1. The member delivers, possesses with intent to deliver, or manufactures with
16intent to deliver to another member of his or her treatment team drug paraphernalia,
17knowing that it will be primarily used by the treatment team to use medical
18cannabis.
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2. The member possesses a valid registry identification card, a valid
20out-of-state registry identification card, or a copy of the qualifying patient's written
21certification.
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3. The member does not possess more than the maximum authorized amount
23of cannabis.
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4. Any live cannabis plants are in a lockable, enclosed facility unless the
25member is accessing the plants or has the plants in his or her possession.
SB507,39,2
15. If the member is a primary caregiver, he or she is not a primary caregiver
2to more than 10 qualifying patients.
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3(4) Limitations on arrests, prosecution, and other sanctions. (a) A
4practitioner may not be arrested and a practitioner, hospital, or clinic may not be
5subject to prosecution, denied any right or privilege, or penalized in any manner for
6making or providing a written certification in good faith.
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(b) An employee of a licensee under s. 94.57 or of a laboratory registered under
8s. 94.57 (8) may not be arrested and such employee may not be subject to prosecution,
9denied any right or privilege, or penalized in any manner for any good faith action
10under s. 94.57.
SB507,39,14
11(5) Penalty for false statements. Whoever intentionally provides false
12information to a law enforcement officer in an attempt to avoid arrest or prosecution
13under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
14961.574 (1), or 961.575 (1) may be fined not more than $500.
SB507,58
15Section
58. 968.12 (6) of the statutes is created to read:
SB507,39,2216
968.12
(6) Medical cannabis. A person's possession, use, or submission of or
17connection with an application for a registry identification card under s. 146.44 (2),
18the issuance of such a card under s. 146.44 (4), or a person's possession of such a card,
19a valid out-of-state registry identification card, as defined in s. 146.44 (1) (cm), or
20an original or a copy of a written certification, as defined in s. 146.44 (1) (h), may not,
21by itself, constitute probable cause under sub. (1) or otherwise subject any person or
22the property of any person to inspection by any governmental agency.
SB507,59
23Section
59. 968.19 of the statutes is renumbered 968.19 (1) and amended to
24read:
SB507,40,4
1968.19
(1) Property
Except as provided in sub. (2), property seized under a
2search warrant or validly seized without a warrant shall be safely kept by the officer,
3who may leave it in the custody of the sheriff and take a receipt therefor, so long as
4necessary for the purpose of being produced as evidence on any trial.
SB507,60
5Section
60. 968.19 (2) of the statutes is created to read:
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968.19
(2) A law enforcement agency that has seized a live cannabis plant is
7not responsible for the plant's care and maintenance.
SB507,61
8Section 61
. 968.20 (1g) (intro.) of the statutes is amended to read:
SB507,40,189
968.20
(1g) (intro.) The court shall order such notice as it deems adequate to
10be given the district attorney and, unless notice was provided under s. 968.26 (7), to
11all persons who have or may have an interest in the property. The court shall hold
12a hearing to hear all claims to its true ownership. Except for a hearing commenced
13by the court, the hearing shall occur no more than 30 days after a motion is filed
14except that either party may, by agreement or for good cause, move the court for one
15extension of no more than 10 days. Any motion may be supported by affidavits or
16other submissions. If the right to possession is proved to the court's satisfaction, it
17shall order the property
, other than contraband or property covered under sub. (1m)
18or (1r) or s. 173.21 (4) or 968.205, returned if the court finds any of the following:
SB507,62
19Section 62
. 968.20 (1j) of the statutes is created to read:
SB507,40,2020
968.20
(1j) (a) In this subsection:
SB507,40,2121
1. “Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).
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2. “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
SB507,40,2423
(b) Except as provided in par. (c), sub. (1g) does not apply to contraband or
24property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205.
SB507,41,3
1(c) Under sub. (1g), the court may return drug paraphernalia or
2tetrahydrocannabinols that have been seized to the person from whom they were
3seized if any of the following applies:
SB507,41,64
1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
5961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
6a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
SB507,41,107
2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
8961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
9if the person had been, he or she would have had a valid defense under s. 961.436 (1),
10(2), or (3) (a) or 961.5755 (1) (a) or (2).
SB507,63
11Section 63
.
Nonstatutory provisions.
SB507,41,1812
(1)
Notification of rule-making. If the department of agriculture, trade and
13consumer protection or the department of health services promulgates rules under
14s. 94.57 (11) or s. 146.44 (2) (b) or (7) (d) before the first day of the 13th month
15beginning after publication, the department shall provide notice to the legislative
16reference bureau of the effective date of those rules, and the legislative reference
17bureau shall publish a notice of that date in the Wisconsin administrative register
18under s. 35.93 (2).
SB507,64
19Section 64
.
Effective dates. This act takes effect on the day after publication,
20except as follows:
SB507,41,2321
(1) The treatment of s. 94.57 (2) to (10) takes effect on the first day of the 13th
22month beginning after publication or on the date specified in the notice under
23Section 63 (1) of this act, whichever is sooner.
SB507,42,3
1(2)
The treatment of s. 146.44 (1m) to (6) takes effect on the first day of the 13th
2month beginning after publication or on the date specified in the notice under
3Section 63 (1) of this act, whichever is sooner.