SB1035,36 Section 36. 767.41 (5) (am) (intro.) of the statutes, as affected by 2021 Wisconsin Act 37, is amended to read:

SB1035,30,7 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider all of the following factors, which are not necessarily listed in order of importance, in making its determination:

SB1035,37 Section 37 . 767.41 (5) (d) of the statutes is created to read:

SB1035,30,15 767.41 (5) (d) The court may not consider as a factor in determining the legal custody of a child whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB1035,38 Section 38 . 767.451 (5m) (a) of the statutes is amended to read:

SB1035,30,20 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

SB1035,39 Section 39 . 767.451 (5m) (d) of the statutes is created to read:

SB1035,31,4 767.451 (5m) (d) In an action to modify a legal custody order, the court may not consider as a factor in making a determination whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB1035,40 Section 40 . 961.01 (5m) of the statutes is created to read:

SB1035,31,7 961.01 (5m) “Debilitating medical condition or treatment" has the meaning given in s. 146.44 (1) (b).

SB1035,41 Section 41 . 961.01 (12v) of the statutes is created to read:

SB1035,31,11 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor area that is capable of being locked or that requires a security device and that permits access only by a member of a treatment team.

SB1035,42 Section 42 . 961.01 (14c) of the statutes is created to read:

SB1035,31,14 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants and 3 ounces of usable cannabis.

SB1035,43 Section 43 . 961.01 (14g) of the statutes is created to read:

SB1035,31,16 961.01 (14g) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).

SB1035,44 Section 44 . 961.01 (17k) of the statutes is created to read:

SB1035,31,19 961.01 (17k) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

SB1035,45 Section 45 . 961.01 (19m) of the statutes is created to read:

SB1035,31,21 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).

SB1035,46 Section 46 . 961.01 (20hm) of the statutes is created to read:

SB1035,31,23 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

SB1035,47 Section 47 . 961.01 (20ht) of the statutes is created to read:

SB1035,32,2 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB1035,48 Section 48 . 961.01 (20t) of the statutes is created to read:

SB1035,32,5 961.01 (20t) “Treatment team" means a qualifying patient and his or her primary caregivers.

SB1035,49 Section 49 . 961.01 (21f) of the statutes is created to read:

SB1035,32,8 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.

SB1035,50 Section 50 . 961.01 (21t) of the statutes is created to read: