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AB1063,30,7
1767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
2legal custody and periods of physical placement, the court shall consider all facts
3relevant to the best interest of the child. The court may not prefer one parent or
4potential custodian over the other on the basis of the sex or race of the parent or
5potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider
6all of the following factors, which are not necessarily listed in order of importance,
7in making its determination:
AB1063,37 8Section 37 . 767.41 (5) (d) of the statutes is created to read:
AB1063,30,159 767.41 (5) (d) The court may not consider as a factor in determining the legal
10custody of a child whether a parent or potential custodian holds, or has applied for,
11a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
12of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying
13patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44
14(1) (d), unless the parent or potential custodian's behavior creates an unreasonable
15danger to the child that can be clearly articulated and substantiated.
AB1063,38 16Section 38 . 767.451 (5m) (a) of the statutes is amended to read:
AB1063,30,2017 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify
18legal custody or physical placement orders, the court shall consider the factors under
19s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
20a manner consistent with s. 767.41.
AB1063,39 21Section 39 . 767.451 (5m) (d) of the statutes is created to read:
AB1063,31,422 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
23consider as a factor in making a determination whether a parent or potential
24custodian holds, or has applied for, a registry identification card, as defined in s.
25146.44 (1) (g), is or has been the subject of a written certification, as defined in s.

1146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or
2a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential
3custodian's behavior creates an unreasonable danger to the child that can be clearly
4articulated and substantiated.
AB1063,40 5Section 40 . 961.01 (5m) of the statutes is created to read:
AB1063,31,76 961.01 (5m) “Debilitating medical condition or treatment" has the meaning
7given in s. 146.44 (1) (b).
AB1063,41 8Section 41 . 961.01 (12v) of the statutes is created to read:
AB1063,31,119 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor
10area that is capable of being locked or that requires a security device and that permits
11access only by a member of a treatment team.
AB1063,42 12Section 42 . 961.01 (14c) of the statutes is created to read:
AB1063,31,1413 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants
14and 3 ounces of usable cannabis.
AB1063,43 15Section 43 . 961.01 (14g) of the statutes is created to read:
AB1063,31,1616 961.01 (14g) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
AB1063,44 17Section 44 . 961.01 (17k) of the statutes is created to read:
AB1063,31,1918 961.01 (17k) “Out-of-state registry identification card" has the meaning given
19in s. 146.44 (1) (cm).
AB1063,45 20Section 45 . 961.01 (19m) of the statutes is created to read:
AB1063,31,2121 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
AB1063,46 22Section 46 . 961.01 (20hm) of the statutes is created to read:
AB1063,31,2323 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
AB1063,47 24Section 47 . 961.01 (20ht) of the statutes is created to read:
AB1063,32,2
1961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44
2(1) (g).
AB1063,48 3Section 48 . 961.01 (20t) of the statutes is created to read:
AB1063,32,54 961.01 (20t) “Treatment team" means a qualifying patient and his or her
5primary caregivers.
AB1063,49 6Section 49 . 961.01 (21f) of the statutes is created to read:
AB1063,32,87 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not
8include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.
AB1063,50 9Section 50 . 961.01 (21t) of the statutes is created to read:
AB1063,32,1010 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).
AB1063,51 11Section 51 . 961.436 of the statutes is created to read:
AB1063,32,15 12961.436 Medical cannabis defense. (1) A member of a qualifying patient's
13treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for
14manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if
15all of the following apply:
AB1063,32,1716 (a) The manufacture or possession is by the treatment team to use medical
17cannabis.
AB1063,32,1818 (b) The amount of cannabis does not exceed the maximum authorized amount.
AB1063,32,2119 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
20of a qualifying patient's treatment team is accessing the plants or has the plants in
21his or her possession.
AB1063,32,2322 (d) If the member is a primary caregiver, he or she is not a primary caregiver
23to more than 10 qualifying patients.
AB1063,33,2 24(2) A member of a qualifying patient's treatment team has a defense to
25prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or

1possessing with intent to distribute or deliver, tetrahydrocannabinols to another
2member of the treatment team if all of the following apply:
AB1063,33,43 (a) The distribution, delivery, or possession is by the treatment team to use
4medical cannabis.
AB1063,33,55 (b) The amount of cannabis does not exceed the maximum authorized amount.
AB1063,33,86 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member
7of a qualifying patient's treatment team is accessing the plants or has the plants in
8his or her possession.
AB1063,33,109 (d) If the member is a primary caregiver, he or she is not a primary caregiver
10to more than 10 qualifying patients.
AB1063,33,13 11(3) (a) Except as provided in par. (b), a member of a qualifying patient's
12treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
13following apply:
AB1063,33,1514 1. The possession or attempted possession is by the treatment team to use
15medical cannabis.
AB1063,33,1616 2. The amount of cannabis does not exceed the maximum authorized amount.
AB1063,33,1917 3. Any live cannabis plants are in a lockable, enclosed facility unless a member
18of a qualifying patient's treatment team is accessing the plants or has the plants in
19his or her possession.
AB1063,33,2120 4. If the member is a primary caregiver, he or she is not a primary caregiver
21to more than 10 qualifying patients.
AB1063,33,2322 (b) A person may not assert the defense described in par. (a) if, while he or she
23possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
AB1063,34,3
11. The person drives or operates a motor vehicle while under the influence of
2tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
3with s. 346.63 (1).
AB1063,34,64 2. While under the influence of tetrahydrocannabinols, the person operates
5heavy machinery or engages in any other conduct that endangers the health or
6well-being of another person.
AB1063,34,77 3. The person smokes cannabis in, on, or at any of the following places:
AB1063,34,88 a. A school bus or a public transit vehicle.
AB1063,34,99 b. The person's place of employment.
AB1063,34,1010 c. Public or private school premises.
AB1063,34,1111 d. A juvenile correctional facility.
AB1063,34,1212 e. A jail or adult correctional facility.
AB1063,34,1313 f. A public park, beach, or recreation center.
AB1063,34,1414 g. A youth center.
AB1063,34,18 15(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
16registry identification card, a valid out-of-state registry identification card, or a
17written certification is presumptive evidence that the element under sub. (1) (a), (2)
18(a), or (3) (a) 1. has been satisfied.
AB1063,35,2 19(5) Notwithstanding s. 227.12 (1), any person may petition the department of
20health services to promulgate a rule to designate a medical condition or treatment
21as a debilitating medical condition or treatment. The department of health services
22shall promulgate rules providing for public notice of and a public hearing regarding
23a petition, with the public hearing providing persons an opportunity to comment
24upon the petition. After the hearing, but no later than 180 days after the submission
25of the petition, the department of health services shall approve or deny the petition.

1The department of health service's decision to approve or deny a petition is subject
2to judicial review under s. 227.52.
AB1063,52 3Section 52 . 961.55 (8) (c), (d) and (e) of the statutes are created to read:
AB1063,35,54 961.55 (8) (c) A valid registry identification card or a valid out-of-state registry
5identification card.
AB1063,35,66 (d) The person's written certification, if the person is a qualifying patient.
AB1063,35,87 (e) A written certification for a qualifying patient for whom the person is a
8primary caregiver.
AB1063,53 9Section 53 . 961.555 (2) (am) 6. of the statutes is amended to read:
AB1063,35,1210 961.555 (2) (am) 6. The property is contraband that is subject to forfeiture
11under s. 961.55 (6), (6m), or, unless the defendant invokes a defense under s. 961.436
12or 961.5755, under s. 961.55 (6)
or (7).
AB1063,54 13Section 54 . 961.555 (2r) of the statutes is created to read:
AB1063,35,1614 961.555 (2r) Medical use defense. (a) In an action to forfeit property seized
15under s. 961.55, the person who was in possession of the property when it was seized
16has a defense to the forfeiture of the property if any of the following applies:
AB1063,35,1917 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
18961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
19a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
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:
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