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961.55
(8) (c) A valid registry identification card or a valid out-of-state registry
5identification card.
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(d) The person's written certification, if the person is a qualifying patient.
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(e) A written certification for a qualifying patient for whom the person is a
8primary caregiver.
AB1063,53
9Section 53
. 961.555 (2) (am) 6. of the statutes is amended to read:
AB1063,35,1210
961.555
(2) (am) 6. The property is contraband that is subject to forfeiture
11under s. 961.55
(6), (6m)
,
or, unless the defendant invokes a defense under s. 961.436
12or 961.5755, under s. 961.55 (6) or (7).
AB1063,54
13Section 54
. 961.555 (2r) of the statutes is created to read:
AB1063,35,1614
961.555
(2r) Medical use defense. (a) In an action to forfeit property seized
15under s. 961.55, the person who was in possession of the property when it was seized
16has a defense to the forfeiture of the property if any of the following applies:
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1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
18961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
19a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
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2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
21961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
22if the person had been, he or she would have had a valid defense under s. 961.436 (1),
23(2), or (3) (a) or 961.5755 (1) (a) or (2).
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(b) The owner of property seized under s. 961.55 who is raising a defense under
25par. (a) shall do so in the answer to the complaint that he or she serves under sub.
1(2) (b). If a property owner raises such a defense in his or her answer, the state must,
2as part of the burden of proof specified in sub. (3), prove that the facts constituting
3the defense do not exist.
AB1063,55
4Section 55
. 961.56 (1) of the statutes is amended to read:
AB1063,36,105
961.56
(1) It Except as provided in s. 961.555 (2r) (b) and except for any
6presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the
7state to negate any exemption or exception in this chapter in any complaint,
8information, indictment or other pleading or in any trial, hearing or other proceeding
9under this chapter
. The, and the burden of proof of any exemption or exception is
10upon the person claiming it.
AB1063,56
11Section 56
. 961.5755 of the statutes is created to read:
AB1063,36,15
12961.5755 Medical cannabis defense in drug paraphernalia cases. (1) (a)
13Except as provided in par. (b), a member of a treatment team has a defense to
14prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary
15intent to use, drug paraphernalia to use medical cannabis.
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(b) This subsection does not apply if s. 961.436 (3) (b) 1., 2., or 3. applies while
17the person uses, or possesses with the primary intent to use, drug paraphernalia.
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18(2) A member of a treatment team has a defense to prosecution under s. 961.574
19(1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or
20manufactures with intent to deliver to another member of his or her treatment team
21drug paraphernalia, knowing that it will be primarily used by the treatment team
22to use medical cannabis.
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23(3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry
24identification card, a valid out-of-state registry identification card, or a written
25certification is presumptive evidence that the defense is valid.
AB1063,57
1Section
57. 968.072 of the statutes is created to read:
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2968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In
3this section:
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(a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).
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(am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
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(b) “Medical cannabis" has the meaning given in s. 94.57 (1) (f).
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(bm) “Out-of-state registry identification card" has the meaning given in s.
8146.44 (1) (cm).
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(bt) “Practitioner” has the meaning given in s. 146.44 (1) (cp).
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(c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
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(d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
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(e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
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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).