SB1035,36,25 (3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry identification card, a valid out-of-state registry identification card, or a written certification is presumptive evidence that the defense is valid.

SB1035,57 Section 57. 968.072 of the statutes is created to read:

SB1035,37,3 968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In this section:

SB1035,37,4 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).

SB1035,37,5 (am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

SB1035,37,6 (b) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).

SB1035,37,8 (bm) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

SB1035,37,9 (bt) “Practitioner” has the meaning given in s. 146.44 (1) (cp).

SB1035,37,10 (c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).

SB1035,37,11 (d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

SB1035,37,12 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

SB1035,37,13 (f) “Treatment team" has the meaning given in s. 961.01 (20t).

SB1035,37,14 (g) “Written certification" has the meaning given in s. 146.44 (1) (h).

SB1035,37,18 (2) Limitations on arrests and prosecution; medical cannabis. Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e) if all of the following apply:

SB1035,37,20 (a) The member manufactures, distributes, delivers, or possesses tetrahydrocannabinols for the use of medical cannabis by the treatment team.

SB1035,37,23 (b) The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

SB1035,37,24 (c) The quantity of cannabis does not exceed the maximum authorized amount.

SB1035,38,2 (d) Any live cannabis plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

SB1035,38,4 (e) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

SB1035,38,8 (3) Limitations on arrests and prosecution; drug paraphernalia for medical cannabis. (a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the following apply:

SB1035,38,10 1. The member uses, or possesses with the primary intent to use, drug paraphernalia only to use medical cannabis.

SB1035,38,13 2. The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

SB1035,38,15 3. The member does not possess more than the maximum authorized amount of cannabis.

SB1035,38,17 4. Any live cannabis plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

SB1035,38,19 5. If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

SB1035,38,22 (b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all of the following apply:

SB1035,39,2 1. The member delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used by the treatment team to use medical cannabis.

SB1035,39,5 2. The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

SB1035,39,7 3. The member does not possess more than the maximum authorized amount of cannabis.