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AB599-AA2,33,18 181. “Controlled substance" has the meaning given in s. 961.01 (4).
AB599-AA2,23 19Section 23. 440.035 (2m) (a) 2. of the statutes is created to read:
AB599-AA2,33,2120 440.035 (2m) (a) 2. “Medical marijuana” has the meaning given in s. 73.18 (1)
21(e).
AB599-AA2,24 22Section 24. 440.035 (2m) (b) of the statutes, as affected by 2021 Wisconsin Act
2323
, is renumbered 440.035 (2m) (b) 1.
AB599-AA2,25 24Section 25. 440.035 (2m) (b) 2. of the statutes is created to read:
AB599-AA2,34,4
1440.035 (2m) (b) 2. The medical examining board and the board of nursing may
2issue guidelines regarding best practices in making recommendations for the use of
3medical marijuana under s. 73.18 (2) for persons credentialed by that board who are
4authorized to recommend the use of medical marijuana.
AB599-AA2,26 5Section 26. 441.07 (1g) (d) 3. of the statutes is created to read:
AB599-AA2,34,76 441.07 (1g) (d) 3. Recommending the use of medical marijuana to treat a
7patient in accordance with s. 73.18 (2).
AB599-AA2,27 8Section 27. 441.20 of the statutes is created to read:
AB599-AA2,34,10 9441.20 Recommendations for use of medical marijuana. (1) In this
10section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).
AB599-AA2,34,15 11(2) A certified advanced practice nurse prescriber who, acting in good faith,
12recommends the use of medical marijuana to treat a patient in accordance with s.
1373.18 (2) shall be immune from criminal or civil liability and may not be subject to
14professional discipline under s. 441.07 for any outcomes resulting from that
15recommendation.
AB599-AA2,28 16Section 28. 448.015 (4) (bm) 3. of the statutes is created to read:
AB599-AA2,34,1817 448.015 (4) (bm) 3. Recommending the use of medical marijuana, as defined
18in s. 73.18 (1) (e), to treat a patient in accordance with s. 73.18 (2).
AB599-AA2,29 19Section 29. 448.039 of the statutes is created to read:
AB599-AA2,34,21 20448.039 Recommendations for use of medical marijuana. (1) In this
21section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).
AB599-AA2,34,25 22(2) A physician or physician assistant who, acting in good faith, recommends
23the use of medical marijuana to treat a patient in accordance with s. 73.18 (2) shall
24be immune from criminal or civil liability and may not be subject to professional
25discipline under s. 448.02 for any outcomes resulting from that recommendation.
AB599-AA2,30
1Section 30. 450.03 (1) (em) of the statutes is created to read:
AB599-AA2,35,32 450.03 (1) (em) Any person acting within the scope of a valid medical marijuana
3producer, processor, or dispensary license under s. 73.17.
AB599-AA2,31 4Section 31. 450.07 (1m) of the statutes is renumbered 450.07 (1m) (a).
AB599-AA2,32 5Section 32. 450.07 (1m) (b) of the statutes is created to read:
AB599-AA2,35,86 450.07 (1m) (b) No license under this section is required for a person acting
7within the scope of a valid medical marijuana producer, processor, or dispensary
8license under s. 73.17.
AB599-AA2,33 9Section 33. 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and
10amended to read:
AB599-AA2,35,1311 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the
12wholesale distribution of a prescription drug in this state without obtaining a license
13from the board for each facility from which the person distributes prescription drugs.
AB599-AA2,35,18 14(b) 1. The board shall exempt from the licensure requirement under this section
15a manufacturer that distributes prescription drugs or devices manufactured by the
16manufacturer from licensing and other requirements under this section to the extent
17the license or requirement is not required under federal law or regulation, unless the
18board determines that it is necessary to apply a requirement to a manufacturer.
AB599-AA2,34 19Section 34. 450.071 (1) (b) 2. of the statutes is created to read:
AB599-AA2,35,2220 450.071 (1) (b) 2. No license under this section is required for a person acting
21within the scope of a valid medical marijuana producer, processor, or dispensary
22license under s. 73.17.
AB599-AA2,35 23Section 35. 961.01 (12q) of the statutes is created to read:
AB599-AA2,35,2524 961.01 (12q) “Licensed entity” means a producer, processor, dispensary,
25transporter, or laboratory licensed under s. 73.17.
AB599-AA2,36
1Section 36. 961.01 (14g) of the statutes is created to read:
AB599-AA2,36,22 961.01 (14g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
AB599-AA2,37 3Section 37. 961.01 (19m) of the statutes is created to read:
AB599-AA2,36,64 961.01 (19m) “Primary caregiver" means a person who is registered under s.
573.18 to help a qualifying patient in his or her use or acquisition of medical
6marijuana.
AB599-AA2,38 7Section 38. 961.01 (20hm) of the statutes is created to read:
AB599-AA2,36,108 961.01 (20hm) “Qualifying patient" means a person who holds a
9recommendation and registry identification card for the use of medical marijuana
10under s. 73.18.
AB599-AA2,39 11Section 39. 961.01 (20ht) of the statutes is created to read:
AB599-AA2,36,1312 961.01 (20ht) “Registry identification card" has the meaning given in s. 73.18
13(1) (L).
AB599-AA2,40 14Section 40. 961.01 (20t) of the statutes is created to read:
AB599-AA2,36,1615 961.01 (20t) “Treatment team" means a qualifying patient and his or her
16primary caregivers.
AB599-AA2,41 17Section 41. 961.33 of the statutes is created to read:
AB599-AA2,36,22 18961.33 Medical marijuana. (1) Possession, distribution, and delivery by
19treatment team; authorization.
A member of a qualifying patient's treatment team
20may possess medical marijuana or distribute, deliver, or possess with intent to
21distribute medical marijuana to another member of the same qualifying patient's
22treatment team if all of the following apply:
AB599-AA2,36,2523 (a) The possession, distribution, or delivery of medical marijuana is done to
24facilitate a qualifying patient's use of medical marijuana in accordance with his or
25her recommendation under s. 73.18.
AB599-AA2,37,2
1(b) The medical marijuana is legally obtained from a person who is authorized
2to distribute or deliver medical marijuana under the laws of this state.
AB599-AA2,37,43 (c) The amount of medical marijuana does not exceed the amount specified
4under s. 73.18 (3) (L) for each qualifying patient.
AB599-AA2,37,65 (d) The qualifying patient or primary caregiver has in his or her immediate
6possession a registry identification card.
AB599-AA2,37,11 7(2) Licensed entities; authorized acts. A licensed entity or an agent or
8employee of a licensed entity may possess, manufacture, distribute, or deliver
9marijuana or possess with the intent to manufacture, distribute, or deliver
10marijuana if the licensed entity or agent or employee is acting in the usual course of
11his or her business or employment.
AB599-AA2,37,17 12(3) Prosecution. (a) A person who is acting in accordance with this section and
13s. 73.17 or 73.18 may not be prosecuted for a criminal offense under this chapter, or
14under any municipal ordinance that prohibits conduct that is the same as that
15prohibited under this chapter, for the possession, manufacture, distribution, or
16delivery of marijuana or possession with the intent to manufacture, distribute, or
17deliver marijuana.
AB599-AA2,38,218 (b) A licensed entity or an agent or employee of a licensed entity who possesses,
19manufactures, distributes, or delivers marijuana or possesses with the intent to
20manufacture, distribute, or deliver marijuana in violation of s. 73.17 or in violation
21of a rule promulgated under s. 73.17 may not be prosecuted under this chapter unless
22the person is referred to the district attorney for the county in which the violation
23occurred by the medical marijuana regulatory commission and may not be
24prosecuted under a municipal ordinance that prohibits the same conduct as is

1prohibited under this chapter unless the person is referred to local law enforcement
2by the medical marijuana regulatory commission.
AB599-AA2,42 3Section 42. 961.38 (title) of the statutes is amended to read:
AB599-AA2,38,4 4961.38 (title) Prescriptions and recommendations for medical use.
AB599-AA2,43 5Section 43. 961.38 (1p) of the statutes is created to read:
AB599-AA2,38,86 961.38 (1p) A dispensary licensed under s. 73.17 may dispense medical
7marijuana to a person with a valid written hard copy or electronic recommendation
8and a valid registry identification card in accordance with s. 73.18.
AB599-AA2,44 9Section 44. 961.385 (1) (aj) of the statutes is amended to read:
AB599-AA2,38,1310 961.385 (1) (aj) “Patient" means an individual or animal for whom a monitored
11prescription drug is prescribed or, to whom a monitored prescription drug is
12dispensed or administered, or for whom the use of medical marijuana is
13recommended under s. 73.18 (2)
.
AB599-AA2,45 14Section 45. 961.385 (2) (intro.) of the statutes is amended to read:
AB599-AA2,38,1815 961.385 (2) (intro.) The board shall establish by rule a program for monitoring
16the dispensing of monitored prescription drugs and the making of recommendations
17for the use of, and issuance of registry identification cards for, medical marijuana
.
18The program shall do all of the following:
AB599-AA2,46 19Section 46. 961.385 (2) (am) and (an) of the statutes are created to read:
AB599-AA2,38,2220 961.385 (2) (am) Require a practitioner to generate a record documenting each
21recommendation made by the practitioner for the use of medical marijuana under s.
2273.18 (2).
AB599-AA2,38,2423 (an) Require the medical marijuana regulatory commission to generate a
24record documenting the issuance of a registry identification card under s. 73.18 (3).
AB599-AA2,47 25Section 47. 961.385 (2) (b) of the statutes is amended to read:
AB599-AA2,39,3
1961.385 (2) (b) Identify specific data elements to be contained in a record
2documenting the dispensing of a monitored prescription drug, including the method
3of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).
AB599-AA2,39,7 4(bm) In identifying specific data elements, the board shall under pars. (b), (bc),
5and (bd),
consider data elements identified by similar programs in other states and
6shall ensure, to the extent possible, that records generated by the program are easily
7shared with other states.
AB599-AA2,48 8Section 48. 961.385 (2) (bc) and (bd) of the statutes are created to read:
AB599-AA2,39,119 961.385 (2) (bc) Identify specific data elements to be contained in a record
10documenting the making of a recommendation for the use of medical marijuana
11under s. 73.18 (2).
AB599-AA2,39,1312 (bd) Identify specific data elements to be contained in a record documenting the
13issuance of a registry identification card under s. 73.18 (3).
AB599-AA2,49 14Section 49. 961.385 (2) (cm) 3. a. of the statutes is amended to read:
AB599-AA2,39,2015 961.385 (2) (cm) 3. a. The state board or agency, agency of another state, law
16enforcement agency, or prosecutorial unit makes a written request for the record and
17is engaged in an active and specific investigation or prosecution of a violation of any
18state or federal law involving a monitored prescription drug or any state or federal
19law involving marijuana
, and the record being requested is reasonably related to
20that investigation or prosecution.
AB599-AA2,50 21Section 50. 961.385 (2) (cs) 1. of the statutes is amended to read:
AB599-AA2,40,222 961.385 (2) (cs) 1. Require that a patient's records under the program be
23reviewed before the practitioner issues a prescription order for the patient or before
24the practitioner makes a recommendation to the patient for the use of medical
25marijuana under s. 73.18 (2)
. The review required under this subdivision may be

1performed by the practitioner or by the practitioner's agent in accordance with
2applicable standards of practice. This subdivision does not apply after April 1, 2025.
AB599-AA2,51 3Section 51. 961.385 (2) (cs) 2. (intro.), b., c. and d. of the statutes are amended
4to read:
AB599-AA2,40,75 961.385 (2) (cs) 2. (intro.) The requirement requirements under subd. 1. that
6a patient's records under the program be reviewed before the practitioner issues a
7prescription order for the patient does
do not apply if any of the following is true:
AB599-AA2,40,108 b. The practitioner is issuing a prescription order is for a monitored
9prescription drug for
a number of doses that is intended to last the patient 3 days or
10less and is not subject to refill.
AB599-AA2,40,1111 c. The A monitored prescription drug is lawfully administered to the patient.
AB599-AA2,40,1512 d. Due to emergency, it is not possible to review the patient's records under the
13program before the practitioner issues a prescription order for the patient or before
14the practitioner makes a recommendation to the patient for the use of medical
15marijuana under s. 73.18 (2)
.
AB599-AA2,52 16Section 52. 961.55 (8) (c) of the statutes is created to read:
AB599-AA2,40,1817 961.55 (8) (c) A license from the medical marijuana regulatory commission
18under s. 73.17.”.
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