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(f) “Treatment team" has the meaning given in s. 961.01 (20t).
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(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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(a) The member manufactures, distributes, delivers, or possesses
20tetrahydrocannabinols for the use of medical cannabis by the treatment team.
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(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.
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(c) The quantity of cannabis does not exceed the maximum authorized amount.
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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.
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(e) If the member is a primary caregiver, he or she is not a primary caregiver
4to more than 10 qualifying patients.
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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:
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1. The member uses, or possesses with the primary intent to use, drug
10paraphernalia only to use medical cannabis.
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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.
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3. The member does not possess more than the maximum authorized amount
15of cannabis.
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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.
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5. If the member is a primary caregiver, he or she is not a primary caregiver
19to more than 10 qualifying patients.
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(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:
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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.
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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.
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3. The member does not possess more than the maximum authorized amount
7of cannabis.
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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.
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5. If the member is a primary caregiver, he or she is not a primary caregiver
11to more than 10 qualifying patients.
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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.
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(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.
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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.
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8Section 59
. 968.19 of the statutes is renumbered 968.19 (1) and amended to
9read:
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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.
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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.