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AB1063,35,2320 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
21961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
22if the person had been, he or she would have had a valid defense under s. 961.436 (1),
23(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB1063,36,324 (b) The owner of property seized under s. 961.55 who is raising a defense under
25par. (a) shall do so in the answer to the complaint that he or she serves under sub.

1(2) (b). If a property owner raises such a defense in his or her answer, the state must,
2as part of the burden of proof specified in sub. (3), prove that the facts constituting
3the defense do not exist.
AB1063,55 4Section 55 . 961.56 (1) of the statutes is amended to read:
AB1063,36,105 961.56 (1) It Except as provided in s. 961.555 (2r) (b) and except for any
6presumption arising under s. 961.436 (4) or 961.5755 (3), it
is not necessary for the
7state to negate any exemption or exception in this chapter in any complaint,
8information, indictment or other pleading or in any trial, hearing or other proceeding
9under this chapter. The, and the burden of proof of any exemption or exception is
10upon the person claiming it.
AB1063,56 11Section 56 . 961.5755 of the statutes is created to read:
AB1063,36,15 12961.5755 Medical cannabis defense in drug paraphernalia cases. (1) (a)
13Except as provided in par. (b), a member of a treatment team has a defense to
14prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary
15intent to use, drug paraphernalia to use medical cannabis.
AB1063,36,1716 (b) This subsection does not apply if s. 961.436 (3) (b) 1., 2., or 3. applies while
17the person uses, or possesses with the primary intent to use, drug paraphernalia.
AB1063,36,22 18(2) A member of a treatment team has a defense to prosecution under s. 961.574
19(1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or
20manufactures with intent to deliver to another member of his or her treatment team
21drug paraphernalia, knowing that it will be primarily used by the treatment team
22to use medical cannabis.
AB1063,36,25 23(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
24identification card, a valid out-of-state registry identification card, or a written
25certification is presumptive evidence that the defense is valid.
AB1063,57
1Section 57. 968.072 of the statutes is created to read:
AB1063,37,3 2968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In
3this section:
AB1063,37,44 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
AB1063,37,55 (am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB1063,37,66 (b) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
AB1063,37,87 (bm) “Out-of-state registry identification card" has the meaning given in s.
8146.44 (1) (cm).
AB1063,37,99 (bt) “Practitioner” has the meaning given in s. 146.44 (1) (cp).
AB1063,37,1010 (c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
AB1063,37,1111 (d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
AB1063,37,1212 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
AB1063,37,1313 (f) “Treatment team" has the meaning given in s. 961.01 (20t).
AB1063,37,1414 (g) “Written certification" has the meaning given in s. 146.44 (1) (h).
AB1063,37,18 15(2) Limitations on arrests and prosecution; medical cannabis. Unless s.
16961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team
17may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g)
18(e) if all of the following apply:
AB1063,37,2019 (a) The member manufactures, distributes, delivers, or possesses
20tetrahydrocannabinols for the use of medical cannabis by the treatment team.
AB1063,37,2321 (b) The member possesses a valid registry identification card, a valid
22out-of-state registry identification card, or a copy of the qualifying patient's written
23certification.
AB1063,37,2424 (c) The quantity of cannabis does not exceed the maximum authorized amount.
AB1063,38,2
1(d) Any live cannabis plants are in a lockable, enclosed facility unless the
2member is accessing the plants or has the plants in his or her possession.
AB1063,38,43 (e) If the member is a primary caregiver, he or she is not a primary caregiver
4to more than 10 qualifying patients.
AB1063,38,8 5(3) Limitations on arrests and prosecution; drug paraphernalia for medical
6cannabis.
(a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment
7team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the
8following apply:
AB1063,38,109 1. The member uses, or possesses with the primary intent to use, drug
10paraphernalia only to use medical cannabis.
AB1063,38,1311 2. The member possesses a valid registry identification card, a valid
12out-of-state registry identification card, or a copy of the qualifying patient's written
13certification.
AB1063,38,1514 3. The member does not possess more than the maximum authorized amount
15of cannabis.
AB1063,38,1716 4. 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.
AB1063,38,1918 5. If the member is a primary caregiver, he or she is not a primary caregiver
19to more than 10 qualifying patients.
AB1063,38,2220 (b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
21may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
22of the following apply:
AB1063,39,223 1. The member delivers, possesses with intent to deliver, or manufactures with
24intent to deliver to another member of his or her treatment team drug paraphernalia,

1knowing that it will be primarily used by the treatment team to use medical
2cannabis.
AB1063,39,53 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.
AB1063,39,76 3. The member does not possess more than the maximum authorized amount
7of cannabis.
AB1063,39,98 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.
AB1063,39,1110 5. If the member is a primary caregiver, he or she is not a primary caregiver
11to more than 10 qualifying patients.
AB1063,39,15 12(4) Limitations on arrests, prosecution, and other sanctions. (a) A
13practitioner may not be arrested and a practitioner, hospital, or clinic may not be
14subject to prosecution, denied any right or privilege, or penalized in any manner for
15making or providing a written certification in good faith.
AB1063,39,1916 (b) An employee of a licensee under s. 94.57 or of a laboratory registered under
17s. 94.57 (8) may not be arrested and such employee may not be subject to prosecution,
18denied any right or privilege, or penalized in any manner for any good faith action
19under s. 94.57.
AB1063,39,23 20(5) Penalty for false statements. Whoever intentionally provides false
21information to a law enforcement officer in an attempt to avoid arrest or prosecution
22under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
23961.574 (1), or 961.575 (1) may be fined not more than $500.
AB1063,58 24Section 58 . 968.12 (6) of the statutes is created to read:
AB1063,40,7
1968.12 (6) Medical cannabis. A person's possession, use, or submission of or
2connection with an application for a registry identification card under s. 146.44 (2),
3the issuance of such a card under s. 146.44 (4), or a person's possession of such a card,
4a valid out-of-state registry identification card, as defined in s. 146.44 (1) (cm), or
5an original or a copy of a written certification, as defined in s. 146.44 (1) (h), may not,
6by itself, constitute probable cause under sub. (1) or otherwise subject any person or
7the property of any person to inspection by any governmental agency.
AB1063,59 8Section 59 . 968.19 of the statutes is renumbered 968.19 (1) and amended to
9read:
AB1063,40,1310 968.19 (1) Property Except as provided in sub. (2), property seized under a
11search warrant or validly seized without a warrant shall be safely kept by the officer,
12who may leave it in the custody of the sheriff and take a receipt therefor, so long as
13necessary for the purpose of being produced as evidence on any trial.
AB1063,60 14Section 60 . 968.19 (2) of the statutes is created to read:
AB1063,40,1615 968.19 (2) A law enforcement agency that has seized a live cannabis plant is
16not responsible for the plant's care and maintenance.
AB1063,61 17Section 61 . 968.20 (1j) of the statutes is created to read:
AB1063,40,1818 968.20 (1j) (a) In this subsection:
AB1063,40,1919 1. “Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).
AB1063,40,2020 2. “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
AB1063,40,2321 (b) Notwithstanding sub. (1g), the court may return drug paraphernalia or
22tetrahydrocannabinols that have been seized to the person from whom they were
23seized if any of the following applies:
AB1063,41,3
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).
AB1063,41,74 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).
AB1063,62 8Section 62 . Nonstatutory provisions.
AB1063,41,159 (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) before the first day of the 13th month beginning
12after the effective date of this subsection, the department that promulgates the rules
13shall provide notice to the legislative reference bureau of the effective date of those
14rules, and the legislative reference bureau shall publish a notice of that date in the
15Wisconsin Administrative Register under s. 35.93 (2).
AB1063,63 16Section 63 . Effective dates. This act takes effect on the day after publication,
17except as follows:
AB1063,41,2018 (1) The treatment of s. 94.57 (2) to (10) takes effect on the first day of the 13th
19month beginning after publication or on the date specified in the notice under
20Section 62 (1) of this act, whichever is sooner.
AB1063,41,2321 (2) The treatment of s. 146.44 (1m) to (6) takes effect on the first day of the 13th
22month beginning after publication or on the date specified in the notice under
23Section 62 (1) of this act, whichever is sooner.
AB1063,41,2424 (End)
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