SB507,32,1817 (d) If the member is a primary caregiver, he or she is not a primary caregiver
18to more than 10 qualifying patients.
SB507,32,22 19(2) A member of a qualifying patient's treatment team has a defense to
20prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or
21possessing with intent to distribute or deliver, tetrahydrocannabinols to another
22member of the treatment team if all of the following apply:
SB507,32,2423 (a) The distribution, delivery, or possession is by the treatment team to use
24medical cannabis.
SB507,32,2525 (b) The amount of cannabis does not exceed the maximum authorized amount.
SB507,33,3
1(c) Any live cannabis plants are in a lockable, enclosed facility unless a member
2of a qualifying patient's treatment team is accessing the plants or has the plants in
3his or her possession.
SB507,33,54 (d) If the member is a primary caregiver, he or she is not a primary caregiver
5to more than 10 qualifying patients.
SB507,33,8 6(3) (a) Except as provided in par. (b), a member of a qualifying patient's
7treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the
8following apply:
SB507,33,109 1. The possession or attempted possession is by the treatment team to use
10medical cannabis.
SB507,33,1111 2. The amount of cannabis does not exceed the maximum authorized amount.
SB507,33,1412 3. Any live cannabis plants are in a lockable, enclosed facility unless a member
13of a qualifying patient's treatment team is accessing the plants or has the plants in
14his or her possession.
SB507,33,1615 4. If the member is a primary caregiver, he or she is not a primary caregiver
16to more than 10 qualifying patients.
SB507,33,1817 (b) A person may not assert the defense described in par. (a) if, while he or she
18possesses or attempts to possess tetrahydrocannabinols, any of the following applies:
SB507,33,2119 1. The person drives or operates a motor vehicle while under the influence of
20tetrahydrocannabinols in violation of s. 346.63 (1) or a local ordinance in conformity
21with s. 346.63 (1).
SB507,33,2422 2. While under the influence of tetrahydrocannabinols, the person operates
23heavy machinery or engages in any other conduct that endangers the health or
24well-being of another person.
SB507,33,2525 3. The person smokes cannabis in, on, or at any of the following places:
SB507,34,1
1a. A school bus or a public transit vehicle.
SB507,34,22 b. The person's place of employment.
SB507,34,33 c. Public or private school premises.
SB507,34,44 d. A juvenile correctional facility.
SB507,34,55 e. A jail or adult correctional facility.
SB507,34,66 f. A public park, beach, or recreation center.
SB507,34,77 g. A youth center.
SB507,34,11 8(4) For the purposes of a defense raised under sub. (1), (2), or (3) (a), a valid
9registry identification card, a valid out-of-state registry identification card, or a
10written certification is presumptive evidence that the element under sub. (1) (a), (2)
11(a), or (3) (a) 1. has been satisfied.
SB507,34,20 12(5) Notwithstanding s. 227.12 (1), any person may petition the department of
13health services to promulgate a rule to designate a medical condition or treatment
14as a debilitating medical condition or treatment. The department of health services
15shall promulgate rules providing for public notice of and a public hearing regarding
16a petition, with the public hearing providing persons an opportunity to comment
17upon the petition. After the hearing, but no later than 180 days after the submission
18of the petition, the department of health services shall approve or deny the petition.
19The department of health service's decision to approve or deny a petition is subject
20to judicial review under s. 227.52.
SB507,52 21Section 52. 961.55 (8) (c), (d) and (e) of the statutes are created to read:
SB507,34,2322 961.55 (8) (c) A valid registry identification card or a valid out-of-state registry
23identification card.
SB507,34,2424 (d) The person's written certification, if the person is a qualifying patient.
SB507,35,2
1(e) A written certification for a qualifying patient for whom the person is a
2primary caregiver.
SB507,53 3Section 53 . 961.555 (2) (am) 6. of the statutes is amended to read: