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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.
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.
SB507,38,53 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.
SB507,38,76 3. The member does not possess more than the maximum authorized amount
7of cannabis.
SB507,38,98 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.
SB507,38,1110 5. If the member is a primary caregiver, he or she is not a primary caregiver
11to more than 10 qualifying patients.
SB507,38,1412 (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:
SB507,38,1815 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.
SB507,38,2119 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.
SB507,38,2322 3. The member does not possess more than the maximum authorized amount
23of cannabis.
SB507,38,2524 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.
SB507,39,6 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.
SB507,39,107 (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:
SB507,40,76 968.19 (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).
SB507,40,2222 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.
SB507,42,44 (End)
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