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AB750,16,1111 (c) A licensed processor may operate only within an enclosed, locked facility.
AB750,16,16 12(9) Dispensaries. (a) A licensed dispensary may obtain packaged, labelled
13medical marijuana from a licensed processor; dispense the medical marijuana
14according to the provisions of this section; and engage in any related activities that
15are necessary for the operation, such as possessing and storing the medical
16marijuana.
AB750,16,2017 (b) A licensed dispensary may dispense medical marijuana only to a person who
18presents a valid registry identification card issued under s. 73.18 (3) and a valid
19written hard copy or electronic recommendation under s. 73.18 (2), and only in
20accordance with the recommendation presented.
AB750,16,2221 (c) Before dispensing medical marijuana, a licensed dispensary shall do all of
22the following:
AB750,16,2323 1. Verify that the registry identification card presented is valid and unexpired.
AB750,16,2524 2. Verify that the person receiving the medical marijuana is the person
25identified on the registry identification card.
AB750,17,6
13. Attach a label to the packaging that identifies the name and address of the
2dispensary; the date on which the medical marijuana is dispensed; the name of the
3practitioner who recommended the use of medical marijuana; the name of the
4patient; the name of the caregiver if the medical marijuana is dispensed to a
5caregiver; and any other information required to be included by the commission by
6rule.
AB750,17,117 (d) No more than 10 licensed dispensaries may operate in a county with a
8population exceeding 500,000; no more than 5 licensed dispensaries may operate in
9a county with a population that is less than 500,000, but at least 100,000; and no
10more than 3 licensed dispensaries my operate in a county with a population less than
11100,000.
AB750,17,16 12(10) Laboratories. (a) A licensed laboratory may obtain samples of medical
13marijuana from a licensed processor; test and certify the tetrahydrocannabinol
14content of the medical marijuana and whether the medical marijuana contains any
15contaminants; and engage in any related activities that are necessary for the
16operation, such as possessing and storing the medical marijuana.
AB750,17,1917 (b) If any part of a sample remains after testing and certifying the
18tetrahydrocannabinol content of the sample, the licensed laboratory shall destroy
19the sample or return the sample to the licensed processor.
AB750,17,2020 (c) A licensed laboratory may operate only within an enclosed, locked facility.
AB750,18,3 21(11) Transporters. Marijuana or medical marijuana may be transported on
22public roads only by a licensed transporter and only to other licensees. A transporter
23shall designate a crew of at least 2 individuals to transport any shipment of
24marijuana or medical marijuana and at least one individual shall remain with the
25transportation vehicle at all times. A transporter shall keep accurate and complete

1records, as prescribed by the commission, including route plans and manifests, and
2shall provide such records to the commission at the time and in the manner
3prescribed by the commission and to law enforcement upon request.
AB750,18,9 4(12) Statewide tracking system. (a) The commission shall establish and
5maintain a statewide tracking system to ensure compliance with this section and s.
673.18 and subch. IV of ch. 139, to track marijuana and medical marijuana from
7cultivation to consumption by qualifying patients, as defined in s. 73.18 (1) (j), to
8enable product recalls, and to ensure efficient revenue collection. The commission
9shall use the tracking system to do all of the following:
AB750,18,1110 1. Track inventory throughout the product life of marijuana and medical
11marijuana, including the monitoring of seed-to-sale transfers.
AB750,18,1412 2. Verify that a registry identification card issued under s. 73.18 (3) is current
13and valid and has not been suspended, revoked, or denied, and record other
14information concerning such cards.
AB750,18,1715 3. Record the date, time, quantity, and price of each sale or transfer of
16marijuana or medical marijuana to a qualified patient, as defined in s. 73.18 (1) (j),
17or primary caregiver, as defined in s. 73.18 (1) (h).
AB750,18,1918 4. Ensure that a specific sale or transaction does not exceed permissible
19quantity limits.
AB750,18,2020 5. Receive and integrate 3rd-party inventory control and tracking systems.
AB750,18,2321 6. Record any other information, as determined by the commission, that is
22applicable to licensees, qualifying patients, as defined in s. 73.18 (1) (j), and primary
23caregivers, as defined in s. 73.18 (1) (h).
AB750,19,3
1(b) All persons issued a license under this section shall comply with the
2commission's requirements, as prescribed by the commission by rule, for
3maintaining the statewide tracking system under this subsection.
AB750,19,7 4(13) Confidentiality. (a) The commission shall ensure that any of the
5following information that is in the commission's possession is confidential and not
6open to public inspection or copying under s. 19.35 (1), except that it shall be made
7available to a law enforcement agency or law enforcement officer:
AB750,19,98 1. Information relating to the locations of marijuana production and processing
9operations.
AB750,19,1110 2. Personally identifiable information relating to a person who is lawfully
11engaging in activities related to marijuana.
AB750,19,1412 3. Information obtained about an individual as a result of any criminal history
13search performed in relation to authorizing the individual to engage in activities
14related to marijuana.
AB750,19,1615 4. Any other information about activities related to marijuana that could create
16a security risk if disclosed.
AB750,19,1917 (b) A licensed dispensary shall ensure that any information that is in the
18dispensary's possession relating to a patient or caregiver is confidential, except that
19it shall be made available to a law enforcement agency or law enforcement officer.
AB750,19,22 20(14) Inspections. The commission may inspect, without prior notice, the
21premises of an applicant or licensee and any records required to be retained by a
22licensee.
AB750,19,24 23(15) False information on an application. No person may intentionally submit
24false information in any application submitted under this section.
AB750,20,5
1(16) Penalties and disciplinary actions. (a) A person who violates any
2provision of this section, or an order issued or rule promulgated under this section,
3may be required to forfeit not less than $200 nor more than $5,000 or, for an offense
4committed within 5 years of an offense for which a penalty has been assessed under
5this section, may be required to forfeit not less than $400 nor more than $10,000.
AB750,20,96 (b) In addition to or in lieu of any other penalty or disciplinary action allowed
7under state law or under rules promulgated by the commission, the commission may,
8for any reason specified by the commission by rule, suspend, with or without prior
9hearing, revoke, refuse to issue, or refuse to renew a license issued under this section.
AB750,20,13 10(17) Appeal. Any person aggrieved by any order or determination issued by
11the commission under this section or s. 78.18 may appeal the order as a contested
12case under ch. 227 by filing with the commission a request for a hearing within 30
13days after the date of the order or determination.
AB750,20,19 14(18) Rules. No later than 90 days after the creation of the commission, as
15provided under s. 15.435 (2) (a), the commission shall promulgate rules necessary to
16administer and enforce this section. When promulgating rules under this
17subsection, the commission shall consider standards and procedures that have been
18found to be best practices relating to the use and regulation of marijuana and medical
19marijuana.
AB750,20,21 20(19) Medical marijuana fund. The commission shall deposit all fees and
21penalties collected under this section into the medical marijuana fund.
AB750,11 22Section 11 . 73.18 of the statutes is created to read:
AB750,20,23 2373.18 Medical marijuana; dispensaries. (1) Definitions. In this section:
AB750,20,2524 (a) “Applicant” means a person who is applying for a registry identification card
25under sub. (3).
AB750,21,2
1(b) “Certified advanced practice nurse prescriber" means a nurse who is
2certified under s. 441.16 (2).
AB750,21,33 (c) “Commission”means the medical marijuana regulatory commission.
AB750,21,44 (d) “Marijuana” has the meaning given in s. 961.01 (14).
AB750,21,85 (e) “Medical marijuana” means marijuana that has been processed for human
6consumption in the form of a liquid, oil, pill, or tincture or in a form that is applied
7topically and that is used or is intended for use by a qualifying patient to alleviate
8the symptoms of a qualifying medical condition.
AB750,21,99 (f) “Physician” has the meaning given in s. 448.01 (5).
AB750,21,1010 (g) “Physician assistant” has the meaning given in s. 448.01 (6).
AB750,21,1311 (h) “Primary caregiver” means a person who is at least 21 years of age and who
12has agreed to help a qualifying patient in his or her use or acquisition of medical
13marijuana.
AB750,21,1414 (i) “Qualifying medical condition” means any of the following:
AB750,21,1515 1. Amyotrophic lateral sclerosis.
AB750,21,1616 2. Cancer.
AB750,21,1717 3. Crohn's disease.
AB750,21,1818 4. Glaucoma.
AB750,21,1919 5. HIV/AIDS.
AB750,21,2020 6. Multiple sclerosis.
AB750,21,2121 7. Post-traumatic stress disorder.
AB750,21,2222 8. Seizure disorders.
AB750,21,2523 9. Any other medical condition designated as a qualifying medical condition in
24rules promulgated by the commission, in consultation with the medical examining
25board, and only with the approval of all members of the commission.
AB750,22,1
1(j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
AB750,22,32 (k) “Registrant” means a person to whom a registry identification card is issued
3under sub. (3).
AB750,22,54 (L) “Registry identification card” means a document issued by the commission
5under sub. (3) that identifies a person as a qualifying patient or primary caregiver.
AB750,22,9 6(2) Recommendations; requirements and limitations. (a) A physician,
7physician assistant, or certified advanced practice nurse prescriber who is certified
8under sub. (3) (c) 2. may recommend the use of medical marijuana to treat a patient
9if all of the following apply:
AB750,22,1310 1. The patient has been diagnosed with a qualifying medical condition and the
11physician, physician assistant, or certified advanced practice nurse prescriber
12advises the use of medical marijuana to treat that condition or the symptoms of that
13condition.
AB750,22,1614 2. A health care provider-patient relationship has been established between
15the physician, physician assistant, or certified advanced practice nurse prescriber
16and the patient through all of the following:
AB750,22,1817 a. An in-person physical examination of the patient by the physician, physician
18assistant, or certified advanced practice nurse prescriber.
AB750,22,2019 b. A review of the patient's medical history by the physician, physician
20assistant, or certified advanced practice nurse prescriber.
AB750,22,2421 c. An expectation of the physician, physician assistant, or certified advanced
22practice nurse prescriber providing care, and the patient receiving care from the
23physician, physician assistant, or certified advanced practice nurse prescriber, on an
24ongoing basis.
AB750,23,3
13. If the patient is a minor, the physician, physician assistant, or certified
2advanced practice nurse prescriber has obtained the consent of the patient's parent,
3guardian, or legal custodian.
AB750,23,94 (b) The physician, physician assistant, or certified advanced practice nurse
5prescriber may not recommend the use of medical marijuana under this subsection
6for himself or herself or to any member of his or her immediate family or household.
7The physician, physician assistant, or certified advanced practice nurse prescriber
8may not have any financial interest in a medical marijuana producer, processor, or
9dispensary.
AB750,23,1510 (c) When recommending the use of medical marijuana, a physician, physician
11assistant, or certified advanced practice nurse prescriber shall include on the
12recommendation the patient's name and the name of the recommending physician,
13physician assistant, or certified advanced practice nurse prescriber and a
14recommended usage and shall specify any other information required in rules
15promulgated by the commission, in consultation with the medical examining board.
AB750,23,19 16(3) Application; registry; identification card. (a) An applicant who is a
17qualifying patient may apply for a registry identification card by submitting to the
18commission a signed application form containing or accompanied by all of the
19following:
AB750,23,2020 1. His or her name, address, and date of birth.
AB750,23,2221 2. A written recommendation provided under sub. (2) that is no more than 30
22days old as of the date the application is filed.
AB750,23,2523 3. The name, address, and telephone number of the physician, physician
24assistant, or certified advanced practice nurse prescriber who provided the
25recommendation included with the application.
AB750,24,1
14. A registration fee in an amount determined by the commission.
AB750,24,132 (b) 1. A registrant or an applicant who is a qualifying patient may jointly apply
3to the commission with another person for a registry identification card for the other
4person, designating the other person as a primary caregiver for the registrant or
5applicant, if the other person is at least 21 years of age and, notwithstanding ss.
6111.321, 111.322, and 111.335, has never been convicted of a criminal violation of the
7federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled
8Substances Act under ch. 961, or any controlled substances law of another state. The
9department of justice shall provide information to the commission necessary to
10determine whether this requirement is met. Both persons who jointly apply for a
11registry identification card under this subdivision shall sign the application form,
12which shall contain the name, address, and date of birth of the individual applying
13to be registered as a primary caregiver.
AB750,24,1614 2. Except as provided under par. (c), a registrant or an applicant who is a
15qualifying patient may designate only one primary caregiver under subd. 1. unless
16the commission grants an exception to allow for an additional designation.
AB750,24,2017 3. A primary caregiver designated by a person under subd. 1. may not be
18designated as a primary caregiver for more than one qualifying patient or applicant
19unless the patients or applicants live in the same residence or unless the commission
20otherwise allows.
AB750,25,321 (c) 1. The commission shall promulgate rules specifying how a parent,
22guardian, or legal custodian of a minor may apply for a registry identification card
23for himself or herself and for the minor and the circumstances under which the
24commission may approve or deny the application. The commission shall require a
25minor who is a qualifying patient or an applicant to have the minor's parent,

1guardian, or legal custodian designated as a primary caregiver under par. (b).
2Notwithstanding par. (b) 2., a minor may designate both parents as primary
3caregivers.
AB750,25,194 2. The commission shall establish procedures for physicians, physician
5assistants, and certified advanced practice nurse prescribers to apply for
6certification and to be certified to recommend the use of medical marijuana under
7this section. An applicant for certification under this subdivision shall provide the
8applicant's name, office address, contact information, and medical license number.
9The applicant shall also provide written documentation that the applicant is
10authorized to dispense controlled substances under 21 USC 821 to 832 and provide
11on the application the applicant's registration number issued by the federal
12department of justice drug enforcement administration. In addition, the applicant
13shall provide written documentation that the applicant has completed at least 4
14hours of continuing education to assist in diagnosing qualifying medical conditions
15and treating such conditions with medical marijuana. A person certified in
16accordance with this subdivision shall keep complete and accurate records of the
17recommendations made and the qualifying patients for whom the recommendations
18are made under this section and shall report to the commission, at the commission's
19request, the number of recommendations made and for whom.
AB750,25,2120 (d) A registry identification card issued under this subsection expires after one
21year.
AB750,25,2422 (e) A registrant, whether a qualifying patient or primary caregiver, may not
23plant, grow, cultivate, or harvest marijuana without a valid producer license under
24s. 73.17.
AB750,26,3
1(f) An applicant who is a qualifying patient must have resided in the state, in
2accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days
3before submitting an application to the commission under this subsection.
AB750,26,64 (g) A person may not register as a qualifying patient or primary caregiver or
5hold a registry identification card while serving a term of imprisonment or on parole
6or probation.
AB750,26,77 (h) The commission shall maintain a list of all registrants.
AB750,26,108 (i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission
9may not disclose information from an application submitted or a registry
10identification card issued under this subsection.
AB750,26,1411 (j) The commission may disclose to state or local law enforcement agencies
12information from an application submitted by, or from a registry identification card
13issued to, a specific person under this subsection for the purpose of verifying that the
14person possesses a valid registry identification card.
AB750,26,1815 (k) A person who holds a registry identification card may only purchase or use
16medical marijuana that has been produced, processed, distributed, and dispensed as
17provided under this section and s. 73.17 and for which the taxes have been paid as
18provided under subch. IV of ch. 139.
AB750,26,2219 (L) A person who holds a registry identification card may only possess a 30-day
20supply of individual doses of medical marijuana, except that during the last 7 days
21of any such 30-day period, the person may obtain and possess a 30-day supply for
22the subsequent 30-day period.
AB750,26,24 23(4) Rules. The commission shall promulgate rules to implement this section,
24including rules that do all of the following:
AB750,26,2525 (a) Establish a timeline for approving or denying applications under sub. (3).
AB750,27,1
1(b) Set the amount of fees to be submitted with applications.
AB750,27,32 (c) Establish any other rules necessary for the administration of the registry
3under sub. (3), including issuance of registry identification cards.
AB750,27,5 4(5) Effect of this section; employment. Nothing in this section does any of the
5following:
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