SB1034: Bill Text

SB1034,18,18 4. Ensure that a specific sale or transaction does not exceed permissible quantity limits.

SB1034,18,19 5. Receive and integrate 3rd-party inventory control and tracking systems.

SB1034,18,21 6. Record any other information, as determined by the commission, that is applicable to licensees, qualifying patients, and primary caregivers.

SB1034,18,24 (b) All persons issued a license under this section shall comply with the commission's requirements, as prescribed by the commission by rule, for maintaining the statewide tracking system under this subsection.

SB1034,19,4 (13) Confidentiality. (a) The commission shall ensure that any of the following information that is in the commission's possession is confidential and not open to public inspection or copying under s. 19.35 (1), except that it shall be made available to a law enforcement agency or law enforcement officer:

SB1034,19,6 1. Information relating to the locations of marijuana production and processing operations.

SB1034,19,8 2. Personally identifiable information relating to a person who is lawfully engaging in activities related to marijuana.

SB1034,19,11 3. Information obtained about an individual as a result of any criminal history search performed in relation to authorizing the individual to engage in activities related to marijuana.

SB1034,19,13 4. Any other information about activities related to marijuana that could create a security risk if disclosed.

SB1034,19,17 (b) A licensed dispensary shall ensure that any information that is in the dispensary's possession relating to a qualifying patient or primary caregiver is confidential, except that it shall be made available to a law enforcement agency or law enforcement officer.

SB1034,19,20 (14) Inspections. The commission may inspect, without prior notice, the premises of an applicant or licensee and any records required to be retained by a licensee.

SB1034,19,22 (15) False information on an application. No person may intentionally submit false information in any application submitted under this section.

SB1034,20,2 (16) Penalties and disciplinary actions. (a) A person who violates any provision of this section, or an order issued or rule promulgated under this section, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

SB1034,20,6 (b) In addition to or in lieu of any other penalty or disciplinary action allowed under state law or under rules promulgated by the commission, the commission may, for any reason specified by the commission by rule, suspend, with or without prior hearing, revoke, refuse to issue, or refuse to renew a license issued under this section.

SB1034,20,10 (17) Appeal. Any person aggrieved by an order or determination issued by the commission under this section or s. 73.18 may appeal the order or determination as a contested case under ch. 227 by filing with the commission a request for a hearing within 30 days after the date of the order or determination.

SB1034,20,16 (18) Rules. No later than 90 days after the creation of the commission, as provided under s. 15.435 (2) (a), the commission shall promulgate rules necessary to administer and enforce this section. When promulgating rules under this subsection, the commission shall consider standards and procedures that have been found to be best practices relating to the use and regulation of marijuana and medical marijuana.

SB1034,20,18 (19) Medical marijuana fund. The commission shall deposit all fees and penalties collected under this section into the medical marijuana fund.

SB1034,11 Section 11 . 73.18 of the statutes is created to read:

SB1034,20,20 73.18 Medical marijuana; dispensaries. (1) Definitions. In this section:

SB1034,20,22 (a) “Applicant” means a person who is applying for a registry identification card under sub. (3).

SB1034,20,24 (b) “Certified advanced practice nurse prescriber" means a nurse who is certified under s. 441.16 (2).

SB1034,20,25 (c) “Commission” means the medical marijuana regulatory commission.

SB1034,21,1 (d) “Marijuana” has the meaning given in s. 961.01 (14).

SB1034,21,5 (e) “Medical marijuana” means marijuana that has been processed for human consumption in the form of a liquid, oil, pill, or tincture or in a form that is applied topically and that is used or is intended for use by a qualifying patient to alleviate the symptoms of a qualifying medical condition.

SB1034,21,6 (f) “Physician” has the meaning given in s. 448.01 (5).

SB1034,21,7 (g) “Physician assistant” has the meaning given in s. 448.01 (6).

SB1034,21,10 (h) “Primary caregiver” means a person who is at least 21 years of age and who has agreed to help a qualifying patient in the qualifying patient's use or acquisition of medical marijuana.

SB1034,21,11 (i) “Qualifying medical condition” means any of the following:

SB1034,21,12 1. Amyotrophic lateral sclerosis.

SB1034,21,13 2. Cancer.

SB1034,21,14 3. Crohn's disease.

SB1034,21,15 4. Glaucoma.

SB1034,21,16 5. HIV/AIDS.

SB1034,21,17 6. Multiple sclerosis.

SB1034,21,18 7. Post-traumatic stress disorder.

SB1034,21,19 8. Seizure disorders.

SB1034,21,22 9. Any other medical condition designated as a qualifying medical condition in rules promulgated by the commission in consultation with the medical examining board and only with the approval of all members of the commission.

SB1034,21,23 (j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).

SB1034,21,25 (k) “Registrant” means a person to whom a registry identification card is issued under sub. (3).

SB1034,22,2 (L) “Registry identification card” means a document issued by the commission under sub. (3) that identifies a person as a qualifying patient or primary caregiver.

SB1034,22,6 (2) Recommendations; requirements and limitations. (a) A physician, physician assistant, or certified advanced practice nurse prescriber who is certified under par. (d) may recommend the use of medical marijuana to treat a patient if all of the following apply:

SB1034,22,10 1. The patient has been diagnosed with a qualifying medical condition and the physician, physician assistant, or certified advanced practice nurse prescriber advises the use of medical marijuana to treat that condition or the symptoms of that condition.

SB1034,22,13 2. A health care provider-patient relationship has been established between the physician, physician assistant, or certified advanced practice nurse prescriber and the patient through all of the following:

SB1034,22,15 a. An in-person physical examination of the patient by the physician, physician assistant, or certified advanced practice nurse prescriber.

SB1034,22,17 b. A review of the patient's medical history by the physician, physician assistant, or certified advanced practice nurse prescriber.

SB1034,22,21 c. An expectation of the physician, physician assistant, or certified advanced practice nurse prescriber providing care to the patient, and the patient receiving care from the physician, physician assistant, or certified advanced practice nurse prescriber, on an ongoing basis.

SB1034,22,24 3. If the patient is a minor, the physician, physician assistant, or certified advanced practice nurse prescriber has obtained the consent of the patient's parent, guardian, or legal custodian.

SB1034,23,6 (b) A physician, physician assistant, or certified advanced practice nurse prescriber may not recommend the use of medical marijuana under this subsection for himself or herself or to any member of his or her immediate family or household. A physician, physician assistant, or certified advanced practice nurse prescriber may not have any financial interest in a medical marijuana producer, processor, or dispensary.

SB1034,23,12 (c) When recommending the use of medical marijuana, a physician, physician assistant, or certified advanced practice nurse prescriber shall include on the recommendation the patient's name, the name of the recommending physician, physician assistant, or certified advanced practice nurse prescriber, and a recommended usage and shall specify any other information required in rules promulgated by the commission, in consultation with the medical examining board.

SB1034,24,3 (d) The commission shall establish procedures for physicians, physician assistants, and certified advanced practice nurse prescribers to apply for certification and to be certified to recommend the use of medical marijuana under this section. An applicant for certification under this paragraph shall provide the applicant's name, office address, contact information, and medical license number. The applicant shall also provide written documentation that the applicant is authorized to dispense controlled substances under 21 USC 821 to 832 and provide on the application the applicant's registration number issued by the U.S. drug enforcement administration. In addition, the applicant shall provide written documentation that the applicant has completed at least 4 hours of continuing education to assist in diagnosing qualifying medical conditions and treating such conditions with medical marijuana. A person certified in accordance with this paragraph shall keep complete and accurate records of the recommendations made and the qualifying patients for whom the recommendations are made under this section and shall report to the commission, at the commission's request, the number of recommendations made and for whom.

SB1034,24,7 (3) Application; registry identification card. (a) An applicant who is a qualifying patient may apply for a registry identification card by submitting to the commission a signed application form containing or accompanied by all of the following:

SB1034,24,8 1. His or her name, address, and date of birth.

SB1034,24,10 2. A written recommendation provided under sub. (2) that is no more than 30 days old as of the date the application is filed.

SB1034,24,13 3. The name, address, and telephone number of the physician, physician assistant, or certified advanced practice nurse prescriber who provided the recommendation.

SB1034,24,14 4. A registration fee in an amount determined by the commission.

SB1034,25,2 (b) 1. A registrant or applicant who is a qualifying patient may jointly apply to the commission with another person for a registry identification card for the other person and designate the other person as a primary caregiver for the registrant or applicant if the other person is at least 21 years of age and, notwithstanding ss. 111.321, 111.322, and 111.335, has never been convicted of a criminal violation of the federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled Substances Act under ch. 961, or any controlled substances law of another state. The department of justice shall provide information to the commission necessary to determine whether this requirement is met. Both persons who jointly apply for a registry identification card under this subdivision shall sign the application form, which shall contain the name, address, and date of birth of the individual applying to be registered as a primary caregiver.

SB1034,25,5 2. Except as provided under par. (c), a registrant or an applicant who is a qualifying patient may designate only one primary caregiver under subd. 1., unless the commission grants an exception to allow for an additional designation.

SB1034,25,9 3. A primary caregiver designated by a person under subd. 1. may not be designated as a primary caregiver for more than one qualifying patient or applicant unless the patients or applicants live in the same residence or unless the commission otherwise allows.

SB1034,25,16 (c) The commission shall promulgate rules specifying how a parent, guardian, or legal custodian of a minor may apply for a registry identification card for himself or herself and for the minor and the circumstances under which the commission may approve or deny the application. The commission shall require a minor who is a qualifying patient or applicant to have the minor's parent, guardian, or legal custodian designated as a primary caregiver under par. (b). Notwithstanding par. (b) 2., a minor may designate both parents as primary caregivers.

SB1034,25,18 (d) A registry identification card issued under this subsection expires after one year.

SB1034,25,21 (e) A registrant, whether a qualifying patient or primary caregiver, may not plant, grow, cultivate, or harvest marijuana without a valid producer license under s. 73.17.

SB1034,25,24 (f) An applicant who is a qualifying patient must have resided in the state, in accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days before submitting an application to the commission under this subsection.

SB1034,26,3 (g) A person may not register as a qualifying patient or primary caregiver or hold a registry identification card while serving a term of imprisonment or while on parole or probation.

SB1034,26,4 (h) The commission shall maintain a list of all registrants.

SB1034,26,7 (i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission may not disclose information from an application submitted or a registry identification card issued under this subsection.

SB1034,26,11 (j) The commission may disclose to state or local law enforcement agencies information from an application submitted by or from a registry identification card issued to a specific person under this subsection for the purpose of verifying that the person possesses a valid registry identification card.

SB1034,26,15 (k) A person who holds a registry identification card may only purchase or use medical marijuana that has been produced, processed, distributed, and dispensed as provided under this section and s. 73.17 and for which the taxes have been paid as provided under subch. IV of ch. 139.

SB1034,26,19 (L) A person who holds a registry identification card may only possess a 30-day supply of individual doses of medical marijuana, except that during the last 7 days of any such 30-day period, the person may obtain and possess a 30-day supply for the subsequent 30-day period.

SB1034,26,21 (4) Rules. The commission shall promulgate rules to implement this section, including rules that do all of the following:

SB1034,26,22 (a) Establish a timeline for approving or denying applications under sub. (3).

SB1034,26,23 (b) Set the amount of fees to be submitted with applications.

SB1034,26,25 (c) Establish any other rules necessary for the administration of the registry under sub. (3), including issuance of registry identification cards.

SB1034,27,2 (5) Effect of this section; employment. Nothing in this section does any of the following:

SB1034,27,5 (a) Requires an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or cultivation of medical marijuana at a place of employment by an employee.

SB1034,27,7 (b) Interferes with an employer's ability to prohibit the use, possession, or sale of medical marijuana at a place of employment by an employee.

SB1034,27,8 (c) Provides a cause of action against an employer.

SB1034,27,10 (d) Limits an employer's ability to establish and enforce a drug-free workplace policy.

SB1034,27,11 (e) Requires an employer to violate federal law.

SB1034,12 Section 12 . 77.52 (13) of the statutes is amended to read:

SB1034,27,24 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (66), and (67), and (70).

SB1034,13 Section 13 . 77.53 (10) of the statutes is amended to read:

SB1034,28,13 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by the department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (70).

SB1034,14 Section 14 . 77.54 (70) of the statutes is created to read:

SB1034,28,17 77.54 (70) The sales price from the sales of and the storage, use, or other consumption of medical marijuana distributed by a dispensary licensed and operating under s. 73.17.

SB1034,15 Section 15 . 108.04 (5) (a) (intro.) of the statutes is amended to read:

SB1034,28,22 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable written policy concerning the use of alcohol beverages, or use of a controlled substance or a controlled substance analog, including a drug-free workplace policy, if the employee:

SB1034,16 Section 16 . 111.32 (9m) of the statutes is created to read:

SB1034,28,24 111.32 (9m) “Lawful product” does not include medical marijuana.

SB1034,17 Section 17 . 111.32 (12c) of the statutes is created to read: