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

SB1035,32,10 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).

SB1035,51 Section 51 . 961.436 of the statutes is created to read:

SB1035,32,15 961.436 Medical cannabis defense. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

SB1035,32,17 (a) The manufacture or possession is by the treatment team to use medical cannabis.

SB1035,32,18 (b) The amount of cannabis does not exceed the maximum authorized amount.

SB1035,32,21 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB1035,32,23 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

SB1035,33,2 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply:

SB1035,33,4 (a) The distribution, delivery, or possession is by the treatment team to use medical cannabis.

SB1035,33,5 (b) The amount of cannabis does not exceed the maximum authorized amount.

SB1035,33,8 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB1035,33,10 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

SB1035,33,13 (3) (a) Except as provided in par. (b), a member of a qualifying patient's treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the following apply:

SB1035,33,15 1. The possession or attempted possession is by the treatment team to use medical cannabis.

SB1035,33,16 2. The amount of cannabis does not exceed the maximum authorized amount.

SB1035,33,19 3. Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

SB1035,33,21 4. If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

SB1035,33,23 (b) A person may not assert the defense described in par. (a) if, while he or she possesses or attempts to possess tetrahydrocannabinols, any of the following applies:

SB1035,34,3 1. The person drives or operates a motor vehicle while under the influence of tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1).

SB1035,34,6 2. While under the influence of tetrahydrocannabinols, the person operates heavy machinery or engages in any other conduct that endangers the health or well-being of another person.

SB1035,34,7 3. The person smokes cannabis in, on, or at any of the following places:

SB1035,34,8 a. A school bus or a public transit vehicle.

SB1035,34,9 b. The person's place of employment.

SB1035,34,10 c. Public or private school premises.

SB1035,34,11 d. A juvenile correctional facility.

SB1035,34,12 e. A jail or adult correctional facility.

SB1035,34,13 f. A public park, beach, or recreation center.

SB1035,34,14 g. A youth center.