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SB1034,18,1817 4. Ensure that a specific sale or transaction does not exceed permissible
18quantity limits.
SB1034,18,1919 5. Receive and integrate 3rd-party inventory control and tracking systems.
SB1034,18,2120 6. Record any other information, as determined by the commission, that is
21applicable to licensees, qualifying patients, and primary caregivers.
SB1034,18,2422 (b) All persons issued a license under this section shall comply with the
23commission's requirements, as prescribed by the commission by rule, for
24maintaining the statewide tracking system under this subsection.
SB1034,19,4
1(13) Confidentiality. (a) The commission shall ensure that any of the
2following information that is in the commission's possession is confidential and not
3open to public inspection or copying under s. 19.35 (1), except that it shall be made
4available to a law enforcement agency or law enforcement officer:
SB1034,19,65 1. Information relating to the locations of marijuana production and processing
6operations.
SB1034,19,87 2. Personally identifiable information relating to a person who is lawfully
8engaging in activities related to marijuana.
SB1034,19,119 3. Information obtained about an individual as a result of any criminal history
10search performed in relation to authorizing the individual to engage in activities
11related to marijuana.
SB1034,19,1312 4. Any other information about activities related to marijuana that could create
13a security risk if disclosed.
SB1034,19,1714 (b) A licensed dispensary shall ensure that any information that is in the
15dispensary's possession relating to a qualifying patient or primary caregiver is
16confidential, except that it shall be made available to a law enforcement agency or
17law enforcement officer.
SB1034,19,20 18(14) Inspections. The commission may inspect, without prior notice, the
19premises of an applicant or licensee and any records required to be retained by a
20licensee.
SB1034,19,22 21(15) False information on an application. No person may intentionally submit
22false information in any application submitted under this section.
SB1034,20,2 23(16) Penalties and disciplinary actions. (a) A person who violates any
24provision of this section, or an order issued or rule promulgated under this section,
25may be required to forfeit not less than $200 nor more than $5,000 or, for an offense

1committed within 5 years of an offense for which a penalty has been assessed under
2this section, may be required to forfeit not less than $400 nor more than $10,000.
SB1034,20,63 (b) In addition to or in lieu of any other penalty or disciplinary action allowed
4under state law or under rules promulgated by the commission, the commission may,
5for any reason specified by the commission by rule, suspend, with or without prior
6hearing, revoke, refuse to issue, or refuse to renew a license issued under this section.
SB1034,20,10 7(17) Appeal. Any person aggrieved by an order or determination issued by the
8commission under this section or s. 73.18 may appeal the order or determination as
9a contested case under ch. 227 by filing with the commission a request for a hearing
10within 30 days after the date of the order or determination.
SB1034,20,16 11(18) Rules. No later than 90 days after the creation of the commission, as
12provided under s. 15.435 (2) (a), the commission shall promulgate rules necessary to
13administer and enforce this section. When promulgating rules under this
14subsection, the commission shall consider standards and procedures that have been
15found to be best practices relating to the use and regulation of marijuana and medical
16marijuana.
SB1034,20,18 17(19) Medical marijuana fund. The commission shall deposit all fees and
18penalties collected under this section into the medical marijuana fund.
SB1034,11 19Section 11 . 73.18 of the statutes is created to read:
SB1034,20,20 2073.18 Medical marijuana; dispensaries. (1) Definitions. In this section:
SB1034,20,2221 (a) “Applicant” means a person who is applying for a registry identification card
22under sub. (3).
SB1034,20,2423 (b) “Certified advanced practice nurse prescriber" means a nurse who is
24certified under s. 441.16 (2).
SB1034,20,2525 (c) “Commission” means the medical marijuana regulatory commission.
SB1034,21,1
1(d) “Marijuana” has the meaning given in s. 961.01 (14).
SB1034,21,52 (e) “Medical marijuana” means marijuana that has been processed for human
3consumption in the form of a liquid, oil, pill, or tincture or in a form that is applied
4topically and that is used or is intended for use by a qualifying patient to alleviate
5the symptoms of a qualifying medical condition.
SB1034,21,66 (f) “Physician” has the meaning given in s. 448.01 (5).
SB1034,21,77 (g) “Physician assistant” has the meaning given in s. 448.01 (6).
SB1034,21,108 (h) “Primary caregiver” means a person who is at least 21 years of age and who
9has agreed to help a qualifying patient in the qualifying patient's use or acquisition
10of medical marijuana.
SB1034,21,1111 (i) “Qualifying medical condition” means any of the following:
SB1034,21,1212 1. Amyotrophic lateral sclerosis.
SB1034,21,1313 2. Cancer.
SB1034,21,1414 3. Crohn's disease.
SB1034,21,1515 4. Glaucoma.
SB1034,21,1616 5. HIV/AIDS.
SB1034,21,1717 6. Multiple sclerosis.
SB1034,21,1818 7. Post-traumatic stress disorder.
SB1034,21,1919 8. Seizure disorders.
SB1034,21,2220 9. Any other medical condition designated as a qualifying medical condition in
21rules promulgated by the commission in consultation with the medical examining
22board and only with the approval of all members of the commission.
SB1034,21,2323 (j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
SB1034,21,2524 (k) “Registrant” means a person to whom a registry identification card is issued
25under sub. (3).
SB1034,22,2
1(L) “Registry identification card” means a document issued by the commission
2under sub. (3) that identifies a person as a qualifying patient or primary caregiver.
SB1034,22,6 3(2) Recommendations; requirements and limitations. (a) A physician,
4physician assistant, or certified advanced practice nurse prescriber who is certified
5under par. (d) may recommend the use of medical marijuana to treat a patient if all
6of the following apply:
SB1034,22,107 1. The patient has been diagnosed with a qualifying medical condition and the
8physician, physician assistant, or certified advanced practice nurse prescriber
9advises the use of medical marijuana to treat that condition or the symptoms of that
10condition.
SB1034,22,1311 2. A health care provider-patient relationship has been established between
12the physician, physician assistant, or certified advanced practice nurse prescriber
13and the patient through all of the following:
SB1034,22,1514 a. An in-person physical examination of the patient by the physician, physician
15assistant, or certified advanced practice nurse prescriber.
SB1034,22,1716 b. A review of the patient's medical history by the physician, physician
17assistant, or certified advanced practice nurse prescriber.
SB1034,22,2118 c. An expectation of the physician, physician assistant, or certified advanced
19practice nurse prescriber providing care to the patient, and the patient receiving care
20from the physician, physician assistant, or certified advanced practice nurse
21prescriber, on an ongoing basis.
SB1034,22,2422 3. If the patient is a minor, the physician, physician assistant, or certified
23advanced practice nurse prescriber has obtained the consent of the patient's parent,
24guardian, or legal custodian.
SB1034,23,6
1(b) A physician, physician assistant, or certified advanced practice nurse
2prescriber may not recommend the use of medical marijuana under this subsection
3for himself or herself or to any member of his or her immediate family or household.
4A physician, physician assistant, or certified advanced practice nurse prescriber may
5not have any financial interest in a medical marijuana producer, processor, or
6dispensary.
SB1034,23,127 (c) When recommending the use of medical marijuana, a physician, physician
8assistant, or certified advanced practice nurse prescriber shall include on the
9recommendation the patient's name, the name of the recommending physician,
10physician assistant, or certified advanced practice nurse prescriber, and a
11recommended usage and shall specify any other information required in rules
12promulgated by the commission, in consultation with the medical examining board.
SB1034,24,313 (d) The commission shall establish procedures for physicians, physician
14assistants, and certified advanced practice nurse prescribers to apply for
15certification and to be certified to recommend the use of medical marijuana under
16this section. An applicant for certification under this paragraph shall provide the
17applicant's name, office address, contact information, and medical license number.
18The applicant shall also provide written documentation that the applicant is
19authorized to dispense controlled substances under 21 USC 821 to 832 and provide
20on the application the applicant's registration number issued by the U.S. drug
21enforcement administration. In addition, the applicant shall provide written
22documentation that the applicant has completed at least 4 hours of continuing
23education to assist in diagnosing qualifying medical conditions and treating such
24conditions with medical marijuana. A person certified in accordance with this
25paragraph shall keep complete and accurate records of the recommendations made

1and the qualifying patients for whom the recommendations are made under this
2section and shall report to the commission, at the commission's request, the number
3of recommendations made and for whom.
SB1034,24,7 4(3) Application; registry identification card. (a) An applicant who is a
5qualifying patient may apply for a registry identification card by submitting to the
6commission a signed application form containing or accompanied by all of the
7following:
SB1034,24,88 1. His or her name, address, and date of birth.
SB1034,24,109 2. A written recommendation provided under sub. (2) that is no more than 30
10days old as of the date the application is filed.
SB1034,24,1311 3. The name, address, and telephone number of the physician, physician
12assistant, or certified advanced practice nurse prescriber who provided the
13recommendation.
SB1034,24,1414 4. A registration fee in an amount determined by the commission.
SB1034,25,215 (b) 1. A registrant or applicant who is a qualifying patient may jointly apply
16to the commission with another person for a registry identification card for the other
17person and designate the other person as a primary caregiver for the registrant or
18applicant if the other person is at least 21 years of age and, notwithstanding ss.
19111.321, 111.322, and 111.335, has never been convicted of a criminal violation of the
20federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled
21Substances Act under ch. 961, or any controlled substances law of another state. The
22department of justice shall provide information to the commission necessary to
23determine whether this requirement is met. Both persons who jointly apply for a
24registry identification card under this subdivision shall sign the application form,

1which shall contain the name, address, and date of birth of the individual applying
2to be registered as a primary caregiver.
SB1034,25,53 2. Except as provided under par. (c), a registrant or an applicant who is a
4qualifying patient may designate only one primary caregiver under subd. 1., unless
5the commission grants an exception to allow for an additional designation.
SB1034,25,96 3. A primary caregiver designated by a person under subd. 1. may not be
7designated as a primary caregiver for more than one qualifying patient or applicant
8unless the patients or applicants live in the same residence or unless the commission
9otherwise allows.
SB1034,25,1610 (c) The commission shall promulgate rules specifying how a parent, guardian,
11or legal custodian of a minor may apply for a registry identification card for himself
12or herself and for the minor and the circumstances under which the commission may
13approve or deny the application. The commission shall require a minor who is a
14qualifying patient or applicant to have the minor's parent, guardian, or legal
15custodian designated as a primary caregiver under par. (b). Notwithstanding par.
16(b) 2., a minor may designate both parents as primary caregivers.
SB1034,25,1817 (d) A registry identification card issued under this subsection expires after one
18year.
SB1034,25,2119 (e) A registrant, whether a qualifying patient or primary caregiver, may not
20plant, grow, cultivate, or harvest marijuana without a valid producer license under
21s. 73.17.
SB1034,25,2422 (f) An applicant who is a qualifying patient must have resided in the state, in
23accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days
24before submitting an application to the commission under this subsection.
SB1034,26,3
1(g) A person may not register as a qualifying patient or primary caregiver or
2hold a registry identification card while serving a term of imprisonment or while on
3parole or probation.
SB1034,26,44 (h) The commission shall maintain a list of all registrants.
SB1034,26,75 (i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission
6may not disclose information from an application submitted or a registry
7identification card issued under this subsection.
SB1034,26,118 (j) The commission may disclose to state or local law enforcement agencies
9information from an application submitted by or from a registry identification card
10issued to a specific person under this subsection for the purpose of verifying that the
11person possesses a valid registry identification card.
SB1034,26,1512 (k) A person who holds a registry identification card may only purchase or use
13medical marijuana that has been produced, processed, distributed, and dispensed as
14provided under this section and s. 73.17 and for which the taxes have been paid as
15provided under subch. IV of ch. 139.
SB1034,26,1916 (L) A person who holds a registry identification card may only possess a 30-day
17supply of individual doses of medical marijuana, except that during the last 7 days
18of any such 30-day period, the person may obtain and possess a 30-day supply for
19the subsequent 30-day period.
SB1034,26,21 20(4) Rules. The commission shall promulgate rules to implement this section,
21including rules that do all of the following:
SB1034,26,2222 (a) Establish a timeline for approving or denying applications under sub. (3).
SB1034,26,2323 (b) Set the amount of fees to be submitted with applications.
SB1034,26,2524 (c) Establish any other rules necessary for the administration of the registry
25under sub. (3), including issuance of registry identification cards.
SB1034,27,2
1(5) Effect of this section; employment. Nothing in this section does any of the
2following:
SB1034,27,53 (a) Requires an employer to permit or accommodate the use, consumption,
4possession, transfer, display, transportation, sale, or cultivation of medical
5marijuana at a place of employment by an employee.
SB1034,27,76 (b) Interferes with an employer's ability to prohibit the use, possession, or sale
7of medical marijuana at a place of employment by an employee.
SB1034,27,88 (c) Provides a cause of action against an employer.
SB1034,27,109 (d) Limits an employer's ability to establish and enforce a drug-free workplace
10policy.
SB1034,27,1111 (e) Requires an employer to violate federal law.
SB1034,12 12Section 12 . 77.52 (13) of the statutes is amended to read:
SB1034,27,2413 77.52 (13) For the purpose of the proper administration of this section and to
14prevent evasion of the sales tax it shall be presumed that all receipts are subject to
15the tax until the contrary is established. The burden of proving that a sale of tangible
16personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
17is not a taxable sale at retail is upon the person who makes the sale unless that
18person takes from the purchaser an electronic or a paper certificate, in a manner
19prescribed by the department, to the effect that the property, item, good, or service
20is purchased for resale or is otherwise exempt, except that no certificate is required
21for the sale of tangible personal property, or items, property, or goods under sub. (1)
22(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
23(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
24(51), (52), (66), and (67), and (70).
SB1034,13 25Section 13 . 77.53 (10) of the statutes is amended to read:
SB1034,28,13
177.53 (10) For the purpose of the proper administration of this section and to
2prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
3tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
4(d), or taxable services sold by any person for delivery in this state is sold for storage,
5use, or other consumption in this state until the contrary is established. The burden
6of proving the contrary is upon the person who makes the sale unless that person
7takes from the purchaser an electronic or paper certificate, in a manner prescribed
8by the department, to the effect that the property, or items, property, or goods under
9s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
10exempt from the tax, except that no certificate is required for the sale of tangible
11personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
12services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
13(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (70).
SB1034,14 14Section 14 . 77.54 (70) of the statutes is created to read:
SB1034,28,1715 77.54 (70) The sales price from the sales of and the storage, use, or other
16consumption of medical marijuana distributed by a dispensary licensed and
17operating under s. 73.17.
SB1034,15 18Section 15 . 108.04 (5) (a) (intro.) of the statutes is amended to read:
SB1034,28,2219 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable
20written policy concerning the use of alcohol beverages, or use of a controlled
21substance or a controlled substance analog, including a drug-free workplace policy,
22if the employee:
SB1034,16 23Section 16 . 111.32 (9m) of the statutes is created to read:
SB1034,28,2424 111.32 (9m) “Lawful product” does not include medical marijuana.
SB1034,17 25Section 17 . 111.32 (12c) of the statutes is created to read:
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