SB59,1080,25 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1), except s. 961.41 (1) (h) 1g., by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

SB59,2225 Section 2225. 961.52 (2) (a) 1. and 2. of the statutes are amended to read:

SB59,1081,4 961.52 (2) (a) 1. Places where persons authorized under s. 961.32 (1m) to possess controlled substances in this state are required by federal law to keep records; and

SB59,1081,8 2. Places including factories, warehouses, establishments and conveyances in which persons authorized under s. 961.32 (1m) to possess controlled substances in this state are permitted by federal law to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.

SB59,2226 Section 2226. 961.55 (8) (c), (d) and (e) of the statutes are created to read:

SB59,1081,11 961.55 (8) (c) A valid registry identification card or a valid out-of-state registry identification card.

SB59,1081,12 (d) The person's written certification, if the person is a qualifying patient.

SB59,1081,14 (e) A written certification for a qualifying patient for whom the person is a primary caregiver.

SB59,2227 Section 2227 . 961.555 (2) (am) 6. of the statutes is amended to read:

SB59,1081,18 961.555 (2) (am) 6. The property is contraband that is subject to forfeiture under s. 961.55 (6), (6m), or, unless the defendant invokes a defense under s. 961.436 or 961.5755, under s. 961.55 (6) or (7).

SB59,2228 Section 2228 . 961.555 (2r) of the statutes is created to read:

SB59,1081,22 961.555 (2r) Medical use defense. (a) In an action to forfeit property seized under s. 961.55, the person who was in possession of the property when it was seized has a defense to the forfeiture of the property if any of the following applies:

SB59,1081,25 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB59,1082,4 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

SB59,1082,9 (b) The owner of property seized under s. 961.55 who is raising a defense under par. (a) shall do so in the answer to the complaint that he or she serves under sub. (2) (b). If a property owner raises such a defense in his or her answer, the state must, as part of the burden of proof specified in sub. (3), prove that the facts constituting the defense do not exist.

SB59,2229 Section 2229 . 961.56 (1) of the statutes is amended to read:

SB59,1082,16 961.56 (1) It Except as provided in s. 961.555 (2r) (b) and except for any presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The, and the burden of proof of any exemption or exception is upon the person claiming it.

SB59,2230 Section 2230 . 961.573 (2) of the statutes is amended to read:

SB59,1082,19 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB59,2231 Section 2231 . 961.574 (2) of the statutes is amended to read:

SB59,1082,22 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB59,2232 Section 2232 . 961.575 (1) of the statutes is amended to read:

SB59,1083,2 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB59,2233 Section 2233 . 961.575 (2) of the statutes is amended to read:

SB59,1083,5 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB59,2234 Section 2234 . 961.575 (3) of the statutes is amended to read:

SB59,1083,9 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

SB59,2235 Section 2235. 961.5755 of the statutes is created to read: