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SB1034,38,22 21441.20 Recommendations for use of medical marijuana. (1) In this
22section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).
SB1034,39,2 23(2) A certified advanced practice nurse prescriber who, acting in good faith,
24recommends the use of medical marijuana to treat a patient in accordance with s.
2573.18 (2) shall be immune from criminal or civil liability and may not be subject to

1professional discipline under s. 441.07 for any outcomes resulting from that
2recommendation.
SB1034,28 3Section 28 . 448.015 (4) (bm) 3. of the statutes is created to read:
SB1034,39,54 448.015 (4) (bm) 3. Recommending the use of medical marijuana, as defined
5in s. 73.18 (1) (e), to treat a patient in accordance with s. 73.18 (2).
SB1034,29 6Section 29 . 448.039 of the statutes is created to read:
SB1034,39,8 7448.039 Recommendations for use of medical marijuana. (1) In this
8section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).
SB1034,39,12 9(2) A physician or physician assistant who, acting in good faith, recommends
10the use of medical marijuana to treat a patient in accordance with s. 73.18 (2) shall
11be immune from criminal or civil liability and may not be subject to professional
12discipline under s. 448.02 for any outcomes resulting from that recommendation.
SB1034,30 13Section 30 . 450.03 (1) (em) of the statutes is created to read:
SB1034,39,1514 450.03 (1) (em) Any person acting within the scope of a valid medical marijuana
15producer, processor, or dispensary license under s. 73.17.
SB1034,31 16Section 31 . 450.07 (1m) of the statutes is renumbered 450.07 (1m) (a).
SB1034,32 17Section 32 . 450.07 (1m) (b) of the statutes is created to read:
SB1034,39,2018 450.07 (1m) (b) No license under this section is required for a person acting
19within the scope of a valid medical marijuana producer, processor, or dispensary
20license under s. 73.17.
SB1034,33 21Section 33 . 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and
22amended to read:
SB1034,39,2523 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the
24wholesale distribution of a prescription drug in this state without obtaining a license
25from the board for each facility from which the person distributes prescription drugs.
SB1034,40,5
1(b) 1. The board shall exempt from the licensure requirement under this section
2a manufacturer that distributes prescription drugs or devices manufactured by the
3manufacturer from licensing and other requirements under this section to the extent
4the license or requirement is not required under federal law or regulation, unless the
5board determines that it is necessary to apply a requirement to a manufacturer.
SB1034,34 6Section 34 . 450.071 (1) (b) 2. of the statutes is created to read:
SB1034,40,97 450.071 (1) (b) 2. No license under this section is required for a person acting
8within the scope of a valid medical marijuana producer, processor, or dispensary
9license under s. 73.17.
SB1034,35 10Section 35 . 961.01 (12q) of the statutes is created to read:
SB1034,40,1211 961.01 (12q) “Licensed entity” means a producer, processor, dispensary,
12transporter, or laboratory licensed under s. 73.17.
SB1034,36 13Section 36 . 961.01 (14g) of the statutes is created to read:
SB1034,40,1414 961.01 (14g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
SB1034,37 15Section 37 . 961.01 (19m) of the statutes is created to read:
SB1034,40,1816 961.01 (19m) “Primary caregiver" means a person who is registered under s.
1773.18 to help a qualifying patient in his or her use or acquisition of medical
18marijuana.
SB1034,38 19Section 38 . 961.01 (20hm) of the statutes is created to read:
SB1034,40,2220 961.01 (20hm) “Qualifying patient" means a person who holds a
21recommendation and registry identification card for the use of medical marijuana
22under s. 73.18.
SB1034,39 23Section 39 . 961.01 (20ht) of the statutes is created to read:
SB1034,40,2524 961.01 (20ht) “Registry identification card" has the meaning given in s. 73.18
25(1) (L).
SB1034,40
1Section 40. 961.01 (20t) of the statutes is created to read:
SB1034,41,32 961.01 (20t) “Treatment team" means a qualifying patient and his or her
3primary caregivers.
SB1034,41 4Section 41 . 961.33 of the statutes is created to read:
SB1034,41,9 5961.33 Medical marijuana. (1) Possession, distribution, and delivery by
6treatment team; authorization.
A member of a qualifying patient's treatment team
7may possess medical marijuana or distribute, deliver, or possess with intent to
8distribute medical marijuana to another member of the same qualifying patient's
9treatment team if all of the following apply:
SB1034,41,1210 (a) The possession, distribution, or delivery of medical marijuana is done to
11facilitate a qualifying patient's use of medical marijuana in accordance with his or
12her recommendation under s. 73.18.
SB1034,41,1413 (b) The medical marijuana is legally obtained from a person who is authorized
14to distribute or deliver medical marijuana under the laws of this state.
SB1034,41,1615 (c) The amount of medical marijuana does not exceed the amount specified
16under s. 73.18 (3) (L) for each qualifying patient.
SB1034,41,1817 (d) The qualifying patient or primary caregiver has in his or her immediate
18possession a registry identification card.
SB1034,41,23 19(2) Licensed entities; authorized acts. A licensed entity or an agent or
20employee of a licensed entity may possess, manufacture, distribute, or deliver
21marijuana or possess with the intent to manufacture, distribute, or deliver
22marijuana if the licensed entity or agent or employee is acting in the usual course of
23his or her business or employment.
SB1034,42,4 24(3) Prosecution. (a) A person who is acting in accordance with this section and
25s. 73.17 or 73.18 may not be prosecuted for a criminal offense under this chapter, or

1under any municipal ordinance that prohibits conduct that is the same as that
2prohibited under this chapter, for the possession, manufacture, distribution, or
3delivery of marijuana or possession with the intent to manufacture, distribute, or
4deliver marijuana.
SB1034,42,135 (b) A licensed entity or an agent or employee of a licensed entity who possesses,
6manufactures, distributes, or delivers marijuana or possesses with the intent to
7manufacture, distribute, or deliver marijuana in violation of s. 73.17 or in violation
8of a rule promulgated under s. 73.17 may not be prosecuted under this chapter unless
9the person is referred to the district attorney for the county in which the violation
10occurred by the medical marijuana regulatory commission and may not be
11prosecuted under a municipal ordinance that prohibits the same conduct as is
12prohibited under this chapter unless the person is referred to local law enforcement
13by the medical marijuana regulatory commission.
SB1034,42 14Section 42 . 961.38 (title) of the statutes is amended to read:
SB1034,42,15 15961.38 (title) Prescriptions and recommendations for medical use.
SB1034,43 16Section 43 . 961.38 (1p) of the statutes is created to read:
SB1034,42,1917 961.38 (1p) A dispensary licensed under s. 73.17 may dispense medical
18marijuana to a person with a valid written hard copy or electronic recommendation
19and a valid registry identification card in accordance with s. 73.18.
SB1034,44 20Section 44 . 961.385 (1) (aj) of the statutes is amended to read:
SB1034,42,2421 961.385 (1) (aj) “Patient" means an individual or animal for whom a monitored
22prescription drug is prescribed or, to whom a monitored prescription drug is
23dispensed or administered, or for whom the use of medical marijuana is
24recommended under s. 73.18 (2)
.
SB1034,45 25Section 45 . 961.385 (2) (intro.) of the statutes is amended to read:
SB1034,43,4
1961.385 (2) (intro.) The board shall establish by rule a program for monitoring
2the dispensing of monitored prescription drugs and the making of recommendations
3for the use of, and issuance of registry identification cards for, medical marijuana
.
4The program shall do all of the following:
SB1034,46 5Section 46 . 961.385 (2) (am) and (an) of the statutes are created to read:
SB1034,43,86 961.385 (2) (am) Require a practitioner to generate a record documenting each
7recommendation made by the practitioner for the use of medical marijuana under s.
873.18 (2).
SB1034,43,109 (an) Require the medical marijuana regulatory commission to generate a
10record documenting the issuance of a registry identification card under s. 73.18 (3).
SB1034,47 11Section 47 . 961.385 (2) (b) of the statutes is amended to read:
SB1034,43,1412 961.385 (2) (b) Identify specific data elements to be contained in a record
13documenting the dispensing of a monitored prescription drug, including the method
14of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).
SB1034,43,18 15(bm) In identifying specific data elements, the board shall under pars. (b), (bc),
16and (bd),
consider data elements identified by similar programs in other states and
17shall ensure, to the extent possible, that records generated by the program are easily
18shared with other states.
SB1034,48 19Section 48 . 961.385 (2) (bc) and (bd) of the statutes are created to read:
SB1034,43,2220 961.385 (2) (bc) Identify specific data elements to be contained in a record
21documenting the making of a recommendation for the use of medical marijuana
22under s. 73.18 (2).
SB1034,43,2423 (bd) Identify specific data elements to be contained in a record documenting the
24issuance of a registry identification card under s. 73.18 (3).
SB1034,49 25Section 49 . 961.385 (2) (cm) 3. a. of the statutes is amended to read:
SB1034,44,6
1961.385 (2) (cm) 3. a. The state board or agency, agency of another state, law
2enforcement agency, or prosecutorial unit makes a written request for the record and
3is engaged in an active and specific investigation or prosecution of a violation of any
4state or federal law involving a monitored prescription drug or any state or federal
5law involving marijuana
, and the record being requested is reasonably related to
6that investigation or prosecution.
SB1034,50 7Section 50 . 961.385 (2) (cs) 1. of the statutes is amended to read:
SB1034,44,138 961.385 (2) (cs) 1. Require that a patient's records under the program be
9reviewed before the practitioner issues a prescription order for the patient or before
10the practitioner makes a recommendation to the patient for the use of medical
11marijuana under s. 73.18 (2)
. The review required under this subdivision may be
12performed by the practitioner or by the practitioner's agent in accordance with
13applicable standards of practice. This subdivision does not apply after April 1, 2025.
SB1034,51 14Section 51 . 961.385 (2) (cs) 2. (intro.), b., c. and d. of the statutes are amended
15to read:
SB1034,44,1816 961.385 (2) (cs) 2. (intro.) The requirement requirements under subd. 1. that
17a patient's records under the program be reviewed before the practitioner issues a
18prescription order for the patient does
do not apply if any of the following is true:
SB1034,44,2119 b. The practitioner is issuing a prescription order is for a monitored
20prescription drug for
a number of doses that is intended to last the patient 3 days or
21less and is not subject to refill.
SB1034,44,2222 c. The A monitored prescription drug is lawfully administered to the patient.
SB1034,45,223 d. Due to emergency, it is not possible to review the patient's records under the
24program before the practitioner issues a prescription order for the patient or before

1the practitioner makes a recommendation to the patient for the use of medical
2marijuana under s. 73.18 (2)
.
SB1034,52 3Section 52 . 961.55 (8) (c) of the statutes is created to read:
SB1034,45,54 961.55 (8) (c) A license from the medical marijuana regulatory commission
5under s. 73.17.
SB1034,45,66 (End)
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