AB570,36,9 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.
AB570,36,1110 (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.
AB570,36,16 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.
AB570,36,19 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.
AB570,57 20Section 57. 968.072 of the statutes is created to read:
AB570,36,22 21968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In
22this section:
AB570,36,2323 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
AB570,36,2424 (am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
AB570,36,2525 (b) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
AB570,37,2
1(bm) “Out-of-state registry identification card" has the meaning given in s.
2146.44 (1) (cm).
AB570,37,33 (c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
AB570,37,44 (d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
AB570,37,55 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
AB570,37,66 (f) “Treatment team" has the meaning given in s. 961.01 (20t).
AB570,37,77 (g) “Written certification" has the meaning given in s. 146.44 (1) (h).
AB570,37,11 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:
AB570,37,1312 (a) The member manufactures, distributes, delivers, or possesses
13tetrahydrocannabinols for the use of medical cannabis by the treatment team.
AB570,37,1614 (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.
AB570,37,1717 (c) The quantity of cannabis does not exceed the maximum authorized amount.
AB570,37,1918 (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.
AB570,37,2120 (e) If the member is a primary caregiver, he or she is not a primary caregiver
21to more than 10 qualifying patients.
AB570,37,25 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:
AB570,38,2
11. The member uses, or possesses with the primary intent to use, drug
2paraphernalia only to use medical cannabis.
AB570,38,53 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.
AB570,38,76 3. The member does not possess more than the maximum authorized amount
7of cannabis.
AB570,38,98 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.
AB570,38,1110 5. If the member is a primary caregiver, he or she is not a primary caregiver
11to more than 10 qualifying patients.
AB570,38,1412 (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:
AB570,38,1815 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.