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.
AB546-AA3,34,98
(b) This subsection does not apply if while the person uses, or possesses with
9the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.
AB546-AA3,34,14
10(2) A member of a treatment team has a defense to prosecution under s. 961.574
11(1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or
12manufactures with intent to deliver to another member of his or her treatment team
13drug paraphernalia, knowing that it will be primarily used by the treatment team
14to use medical cannabis.
AB546-AA3,34,17
15(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
16identification card, a valid out-of-state registry identification card, or a written
17certification is presumptive evidence that the defense is valid.
AB546-AA3,57
18Section
57. 968.072 of the statutes is created to read:
AB546-AA3,34,20
19968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In
20this section:
AB546-AA3,34,2121
(a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
AB546-AA3,34,2222
(am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB546-AA3,34,2323
(b) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
AB546-AA3,34,2524
(bm) “Out-of-state registry identification card" has the meaning given in s.
25146.44 (1) (cm).
AB546-AA3,35,1
1(c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
AB546-AA3,35,22
(d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
AB546-AA3,35,33
(e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
AB546-AA3,35,44
(f) “Treatment team" has the meaning given in s. 961.01 (20t).
AB546-AA3,35,55
(g) “Written certification" has the meaning given in s. 146.44 (1) (h).
AB546-AA3,35,9
6(2) Limitations on arrests and prosecution; medical cannabis. Unless s.
7961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team
8may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g)
9(e) if all of the following apply: