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SB507,30,1613 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify
14legal custody or physical placement orders, the court shall consider the factors under
15s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
16a manner consistent with s. 767.41.
SB507,39 17Section 39 . 767.451 (5m) (d) of the statutes is created to read:
SB507,30,2518 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
19consider as a factor in making a determination whether a parent or potential
20custodian holds, or has applied for, a registry identification card, as defined in s.
21146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
22146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or
23a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential
24custodian's behavior creates an unreasonable danger to the child that can be clearly
25articulated and substantiated.
SB507,40
1Section 40. 961.01 (5m) of the statutes is created to read:
SB507,31,32 961.01 (5m) “Debilitating medical condition or treatment" has the meaning
3given in s. 146.44 (1) (b).
SB507,41 4Section 41 . 961.01 (12v) of the statutes is created to read:
SB507,31,75 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor
6area that is capable of being locked or that requires a security device and that permits
7access only by a member of a treatment team.
SB507,42 8Section 42. 961.01 (14c) of the statutes is created to read:
SB507,31,109 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants
10and 3 ounces of usable cannabis.
SB507,43 11Section 43. 961.01 (14g) of the statutes is created to read:
SB507,31,1212 961.01 (14g) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
SB507,44 13Section 44 . 961.01 (17k) of the statutes is created to read:
SB507,31,1514 961.01 (17k) “Out-of-state registry identification card" has the meaning given
15in s. 146.44 (1) (cm).
SB507,45 16Section 45. 961.01 (19m) of the statutes is created to read:
SB507,31,1717 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
SB507,46 18Section 46. 961.01 (20hm) of the statutes is created to read:
SB507,31,1919 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
SB507,47 20Section 47. 961.01 (20ht) of the statutes is created to read:
SB507,31,2221 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44
22(1) (g).
SB507,48 23Section 48. 961.01 (20t) of the statutes is created to read:
SB507,31,2524 961.01 (20t) “Treatment team" means a qualifying patient and his or her
25primary caregivers.
SB507,49
1Section 49. 961.01 (21f) of the statutes is created to read:
SB507,32,32 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not
3include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.
SB507,50 4Section 50. 961.01 (21t) of the statutes is created to read:
SB507,32,55 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).
SB507,51 6Section 51. 961.436 of the statutes is created to read:
SB507,32,10 7961.436 Medical cannabis defense. (1) A member of a qualifying patient's
8treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for
9manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if
10all of the following apply:
SB507,32,1211 (a) The manufacture or possession is by the treatment team to use medical
12cannabis.
SB507,32,1313 (b) The amount of cannabis does not exceed the maximum authorized amount.
SB507,32,1614 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
15of a qualifying patient's treatment team is accessing the plants or has the plants in
16his or her possession.
SB507,32,1817 (d) If the member is a primary caregiver, he or she is not a primary caregiver
18to more than 10 qualifying patients.
SB507,32,22 19(2) A member of a qualifying patient's treatment team has a defense to
20prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
21possessing with intent to distribute or deliver, tetrahydrocannabinols to another
22member of the treatment team if all of the following apply:
SB507,32,2423 (a) The distribution, delivery, or possession is by the treatment team to use
24medical cannabis.
SB507,32,2525 (b) The amount of cannabis does not exceed the maximum authorized amount.
SB507,33,3
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.
SB507,33,54 (d) If the member is a primary caregiver, he or she is not a primary caregiver
5to more than 10 qualifying patients.
SB507,33,8 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:
SB507,33,109 1. The possession or attempted possession is by the treatment team to use
10medical cannabis.
SB507,33,1111 2. The amount of cannabis does not exceed the maximum authorized amount.
SB507,33,1412 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.
SB507,33,1615 4. If the member is a primary caregiver, he or she is not a primary caregiver
16to more than 10 qualifying patients.
SB507,33,1817 (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:
SB507,33,2119 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).
SB507,33,2422 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.
SB507,33,2525 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.
SB507,34,22 b. The person's place of employment.
SB507,34,33 c. Public or private school premises.
SB507,34,44 d. A juvenile correctional facility.
SB507,34,55 e. A jail or adult correctional facility.
SB507,34,66 f. A public park, beach, or recreation center.
SB507,34,77 g. A youth center.
SB507,34,11 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.
SB507,34,2424 (d) The person's written certification, if the person is a qualifying patient.
SB507,35,2
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:
SB507,35,1311 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.
SB507,36,1110 (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.
SB507,36,19 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:
SB507,36,22 21968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In
22this section:
SB507,36,2323 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
SB507,36,2424 (am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
SB507,36,2525 (b) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
SB507,37,2
1(bm) “Out-of-state registry identification card" has the meaning given in s.
2146.44 (1) (cm).
SB507,37,33 (c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
SB507,37,44 (d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
SB507,37,55 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
SB507,37,66 (f) “Treatment team" has the meaning given in s. 961.01 (20t).
SB507,37,77 (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:
SB507,37,1312 (a) The member manufactures, distributes, delivers, or possesses
13tetrahydrocannabinols for the use of medical cannabis by the treatment team.
SB507,37,1614 (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.
SB507,37,1717 (c) The quantity of cannabis does not exceed the maximum authorized amount.
SB507,37,1918 (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.
SB507,37,2120 (e) If the member is a primary caregiver, he or she is not a primary caregiver
21to more than 10 qualifying patients.
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