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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:
AB546-AA3,35,1110 (a) The member manufactures, distributes, delivers, or possesses
11tetrahydrocannabinols for the use of medical cannabis by the treatment team.
AB546-AA3,35,1412 (b) The member possesses a valid registry identification card, a valid
13out-of-state registry identification card, or a copy of the qualifying patient's written
14certification.
AB546-AA3,35,1515 (c) The quantity of cannabis does not exceed the maximum authorized amount.
AB546-AA3,35,1716 (d) Any live cannabis plants are in a lockable, enclosed facility unless the
17member is accessing the plants or has the plants in his or her possession.
AB546-AA3,35,1918 (e) If the member is a primary caregiver, he or she is not a primary caregiver
19to more than 10 qualifying patients.
AB546-AA3,35,23 20(3) Limitations on arrests and prosecution; drug paraphernalia for medical
21cannabis.
(a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment
22team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the
23following apply:
AB546-AA3,35,2524 1. The member uses, or possesses with the primary intent to use, drug
25paraphernalia only to use medical cannabis.
AB546-AA3,36,3
12. The member possesses a valid registry identification card, a valid
2out-of-state registry identification card, or a copy of the qualifying patient's written
3certification.
AB546-AA3,36,54 3. The member does not possess more than the maximum authorized amount
5of cannabis.
AB546-AA3,36,76 4. Any live cannabis plants are in a lockable, enclosed facility unless the
7member is accessing the plants or has the plants in his or her possession.
AB546-AA3,36,98 5. If the member is a primary caregiver, he or she is not a primary caregiver
9to more than 10 qualifying patients.
AB546-AA3,36,1210 (b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
11may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
12of the following apply:
AB546-AA3,36,1613 1. The member delivers, possesses with intent to deliver, or manufactures with
14intent to deliver to another member of his or her treatment team drug paraphernalia,
15knowing that it will be primarily used by the treatment team to use medical
16cannabis.
AB546-AA3,36,1917 2. The member possesses a valid registry identification card, a valid
18out-of-state registry identification card, or a copy of the qualifying patient's written
19certification.
AB546-AA3,36,2120 3. The member does not possess more than the maximum authorized amount
21of cannabis.
AB546-AA3,36,2322 4. Any live cannabis plants are in a lockable, enclosed facility unless the
23member is accessing the plants or has the plants in his or her possession.
AB546-AA3,36,2524 5. If the member is a primary caregiver, he or she is not a primary caregiver
25to more than 10 qualifying patients.
AB546-AA3,37,4
1(4) Limitations on arrests, prosecution, and other sanctions. (a) A
2practitioner may not be arrested and a practitioner, hospital, or clinic may not be
3subject to prosecution, denied any right or privilege, or penalized in any manner for
4making or providing a written certification in good faith.
AB546-AA3,37,85 (b) An employee of a licensee under s. 94.57 or of a laboratory registered under
6s. 94.57 (8) may not be arrested and such employee may not be subject to prosecution,
7denied any right or privilege, or penalized in any manner for any good faith action
8under s. 94.57.
AB546-AA3,37,12 9(5) Penalty for false statements. Whoever intentionally provides false
10information to a law enforcement officer in an attempt to avoid arrest or prosecution
11under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
12961.574 (1), or 961.575 (1) may be fined not more than $500.
AB546-AA3,58 13Section 58. 968.12 (6) of the statutes is created to read:
AB546-AA3,37,2014 968.12 (6) Medical cannabis. A person's possession, use, or submission of or
15connection with an application for a registry identification card under s. 146.44 (2),
16the issuance of such a card under s. 146.44 (4), or a person's possession of such a card,
17a valid out-of-state registry identification card, as defined in s. 146.44 (1) (cm), or
18an original or a copy of a written certification, as defined in s. 146.44 (1) (h), may not,
19by itself, constitute probable cause under sub. (1) or otherwise subject any person or
20the property of any person to inspection by any governmental agency.
AB546-AA3,59 21Section 59. 968.19 of the statutes is renumbered 968.19 (1) and amended to
22read:
AB546-AA3,38,223 968.19 (1) Property Except as provided in sub. (2), property seized under a
24search warrant or validly seized without a warrant shall be safely kept by the officer,

1who may leave it in the custody of the sheriff and take a receipt therefor, so long as
2necessary for the purpose of being produced as evidence on any trial.
AB546-AA3,60 3Section 60. 968.19 (2) of the statutes is created to read:
AB546-AA3,38,54 968.19 (2) A law enforcement agency that has seized a live cannabis plant is
5not responsible for the plant's care and maintenance.
AB546-AA3,61 6Section 61. 968.20 (1g) (intro.) of the statutes is amended to read:
AB546-AA3,38,167 968.20 (1g) (intro.) The court shall order such notice as it deems adequate to
8be given the district attorney and, unless notice was provided under s. 968.26 (7), to
9all persons who have or may have an interest in the property. The court shall hold
10a hearing to hear all claims to its true ownership. Except for a hearing commenced
11by the court, the hearing shall occur no more than 30 days after a motion is filed
12except that either party may, by agreement or for good cause, move the court for one
13extension of no more than 10 days. Any motion may be supported by affidavits or
14other submissions. If the right to possession is proved to the court's satisfaction, it
15shall order the property, other than contraband or property covered under sub. (1m)
16or (1r) or s. 173.21 (4) or 968.205,
returned if the court finds any of the following:
AB546-AA3,62 17Section 62. 968.20 (1j) of the statutes is created to read:
AB546-AA3,38,1818 968.20 (1j) (a) In this subsection:
AB546-AA3,38,1919 1. “Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).
AB546-AA3,38,2020 2. “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB546-AA3,38,2221 (b) Except as provided in par. (c), sub. (1g) does not apply to contraband or
22property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205.
AB546-AA3,38,2523 (c) Under sub. (1g), the court may return drug paraphernalia or
24tetrahydrocannabinols that have been seized to the person from whom they were
25seized if any of the following applies:
AB546-AA3,39,3
11. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
2961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
3a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
AB546-AA3,39,74 2. The person was not 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,
6if the person had been, he or she would have had a valid defense under s. 961.436 (1),
7(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB546-AA3,63 8Section 63 . Nonstatutory provisions.
AB546-AA3,39,159 (1) Notification of rule-making. If the department of agriculture, trade and
10consumer protection or the department of health services promulgates rules under
11s. 94.57 (11) or s. 146.44 (2) (b) or (7) (d) before the first day of the 13th month
12beginning after publication, the department shall provide notice to the legislative
13reference bureau of the effective date of those rules, and the legislative reference
14bureau shall publish a notice of that date in the Wisconsin administrative register
15under s. 35.93 (2).
AB546-AA3,64 16Section 64. Effective dates. This act takes effect on the day after publication,
17except as follows:
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