SB1034: Bill Text

SB1034,38,22 441.20 Recommendations for use of medical marijuana. (1) In this section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).

SB1034,39,2 (2) A certified advanced practice nurse prescriber who, acting in good faith, recommends the use of medical marijuana to treat a patient in accordance with s. 73.18 (2) shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 441.07 for any outcomes resulting from that recommendation.

SB1034,28 Section 28 . 448.015 (4) (bm) 3. of the statutes is created to read:

SB1034,39,5 448.015 (4) (bm) 3. Recommending the use of medical marijuana, as defined in s. 73.18 (1) (e), to treat a patient in accordance with s. 73.18 (2).

SB1034,29 Section 29 . 448.039 of the statutes is created to read:

SB1034,39,8 448.039 Recommendations for use of medical marijuana. (1) In this section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).

SB1034,39,12 (2) A physician or physician assistant who, acting in good faith, recommends the use of medical marijuana to treat a patient in accordance with s. 73.18 (2) shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 448.02 for any outcomes resulting from that recommendation.

SB1034,30 Section 30 . 450.03 (1) (em) of the statutes is created to read:

SB1034,39,15 450.03 (1) (em) Any person acting within the scope of a valid medical marijuana producer, processor, or dispensary license under s. 73.17.

SB1034,31 Section 31 . 450.07 (1m) of the statutes is renumbered 450.07 (1m) (a).

SB1034,32 Section 32 . 450.07 (1m) (b) of the statutes is created to read:

SB1034,39,20 450.07 (1m) (b) No license under this section is required for a person acting within the scope of a valid medical marijuana producer, processor, or dispensary license under s. 73.17.

SB1034,33 Section 33 . 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and amended to read:

SB1034,39,25 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs.

SB1034,40,5 (b) 1. The board shall exempt from the licensure requirement under this section a manufacturer that distributes prescription drugs or devices manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.

SB1034,34 Section 34 . 450.071 (1) (b) 2. of the statutes is created to read:

SB1034,40,9 450.071 (1) (b) 2. No license under this section is required for a person acting within the scope of a valid medical marijuana producer, processor, or dispensary license under s. 73.17.

SB1034,35 Section 35 . 961.01 (12q) of the statutes is created to read:

SB1034,40,12 961.01 (12q) “Licensed entity” means a producer, processor, dispensary, transporter, or laboratory licensed under s. 73.17.

SB1034,36 Section 36 . 961.01 (14g) of the statutes is created to read:

SB1034,40,14 961.01 (14g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).

SB1034,37 Section 37 . 961.01 (19m) of the statutes is created to read:

SB1034,40,18 961.01 (19m) “Primary caregiver" means a person who is registered under s. 73.18 to help a qualifying patient in his or her use or acquisition of medical marijuana.

SB1034,38 Section 38 . 961.01 (20hm) of the statutes is created to read:

SB1034,40,22 961.01 (20hm) “Qualifying patient" means a person who holds a recommendation and registry identification card for the use of medical marijuana under s. 73.18.

SB1034,39 Section 39 . 961.01 (20ht) of the statutes is created to read:

SB1034,40,25 961.01 (20ht) “Registry identification card" has the meaning given in s. 73.18 (1) (L).

SB1034,40 Section 40. 961.01 (20t) of the statutes is created to read:

SB1034,41,3 961.01 (20t) “Treatment team" means a qualifying patient and his or her primary caregivers.

SB1034,41 Section 41 . 961.33 of the statutes is created to read:

SB1034,41,9 961.33 Medical marijuana. (1) Possession, distribution, and delivery by treatment team; authorization. A member of a qualifying patient's treatment team may possess medical marijuana or distribute, deliver, or possess with intent to distribute medical marijuana to another member of the same qualifying patient's treatment team if all of the following apply:

SB1034,41,12 (a) The possession, distribution, or delivery of medical marijuana is done to facilitate a qualifying patient's use of medical marijuana in accordance with his or her recommendation under s. 73.18.

SB1034,41,14 (b) The medical marijuana is legally obtained from a person who is authorized to distribute or deliver medical marijuana under the laws of this state.

SB1034,41,16 (c) The amount of medical marijuana does not exceed the amount specified under s. 73.18 (3) (L) for each qualifying patient.

SB1034,41,18 (d) The qualifying patient or primary caregiver has in his or her immediate possession a registry identification card.

SB1034,41,23 (2) Licensed entities; authorized acts. A licensed entity or an agent or employee of a licensed entity may possess, manufacture, distribute, or deliver marijuana or possess with the intent to manufacture, distribute, or deliver marijuana if the licensed entity or agent or employee is acting in the usual course of his or her business or employment.

SB1034,42,4 (3) Prosecution. (a) A person who is acting in accordance with this section and s. 73.17 or 73.18 may not be prosecuted for a criminal offense under this chapter, or under any municipal ordinance that prohibits conduct that is the same as that prohibited under this chapter, for the possession, manufacture, distribution, or delivery of marijuana or possession with the intent to manufacture, distribute, or deliver marijuana.

SB1034,42,13 (b) A licensed entity or an agent or employee of a licensed entity who possesses, manufactures, distributes, or delivers marijuana or possesses with the intent to manufacture, distribute, or deliver marijuana in violation of s. 73.17 or in violation of a rule promulgated under s. 73.17 may not be prosecuted under this chapter unless the person is referred to the district attorney for the county in which the violation occurred by the medical marijuana regulatory commission and may not be prosecuted under a municipal ordinance that prohibits the same conduct as is prohibited under this chapter unless the person is referred to local law enforcement by the medical marijuana regulatory commission.

SB1034,42 Section 42 . 961.38 (title) of the statutes is amended to read:

SB1034,42,15 961.38 (title) Prescriptions and recommendations for medical use.

SB1034,43 Section 43 . 961.38 (1p) of the statutes is created to read:

SB1034,42,19 961.38 (1p) A dispensary licensed under s. 73.17 may dispense medical marijuana to a person with a valid written hard copy or electronic recommendation and a valid registry identification card in accordance with s. 73.18.

SB1034,44 Section 44 . 961.385 (1) (aj) of the statutes is amended to read:

SB1034,42,24 961.385 (1) (aj) “Patient" means an individual or animal for whom a monitored prescription drug is prescribed or, to whom a monitored prescription drug is dispensed or administered, or for whom the use of medical marijuana is recommended under s. 73.18 (2).

SB1034,45 Section 45 . 961.385 (2) (intro.) of the statutes is amended to read:

SB1034,43,4 961.385 (2) (intro.) The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs and the making of recommendations for the use of, and issuance of registry identification cards for, medical marijuana. The program shall do all of the following:

SB1034,46 Section 46 . 961.385 (2) (am) and (an) of the statutes are created to read:

SB1034,43,8 961.385 (2) (am) Require a practitioner to generate a record documenting each recommendation made by the practitioner for the use of medical marijuana under s. 73.18 (2).

SB1034,43,10 (an) Require the medical marijuana regulatory commission to generate a record documenting the issuance of a registry identification card under s. 73.18 (3).

SB1034,47 Section 47 . 961.385 (2) (b) of the statutes is amended to read:

SB1034,43,14 961.385 (2) (b) Identify specific data elements to be contained in a record documenting the dispensing of a monitored prescription drug, including the method of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).

SB1034,43,18 (bm) In identifying specific data elements, the board shall under pars. (b), (bc), and (bd), consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.

SB1034,48 Section 48 . 961.385 (2) (bc) and (bd) of the statutes are created to read:

SB1034,43,22 961.385 (2) (bc) Identify specific data elements to be contained in a record documenting the making of a recommendation for the use of medical marijuana under s. 73.18 (2).

SB1034,43,24 (bd) Identify specific data elements to be contained in a record documenting the issuance of a registry identification card under s. 73.18 (3).

SB1034,49 Section 49 . 961.385 (2) (cm) 3. a. of the statutes is amended to read:

SB1034,44,6 961.385 (2) (cm) 3. a. The state board or agency, agency of another state, law enforcement agency, or prosecutorial unit makes a written request for the record and is engaged in an active and specific investigation or prosecution of a violation of any state or federal law involving a monitored prescription drug or any state or federal law involving marijuana, and the record being requested is reasonably related to that investigation or prosecution.

SB1034,50 Section 50 . 961.385 (2) (cs) 1. of the statutes is amended to read:

SB1034,44,13 961.385 (2) (cs) 1. Require that a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient or before the practitioner makes a recommendation to the patient for the use of medical marijuana under s. 73.18 (2). The review required under this subdivision may be performed by the practitioner or by the practitioner's agent in accordance with applicable standards of practice. This subdivision does not apply after April 1, 2025.

SB1034,51 Section 51 . 961.385 (2) (cs) 2. (intro.), b., c. and d. of the statutes are amended to read:

SB1034,44,18 961.385 (2) (cs) 2. (intro.) The requirement requirements under subd. 1. that a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient does do not apply if any of the following is true:

SB1034,44,21 b. The practitioner is issuing a prescription order is for a monitored prescription drug for a number of doses that is intended to last the patient 3 days or less and is not subject to refill.

SB1034,44,22 c. The A monitored prescription drug is lawfully administered to the patient.

SB1034,45,2 d. Due to emergency, it is not possible to review the patient's records under the program before the practitioner issues a prescription order for the patient or before the practitioner makes a recommendation to the patient for the use of medical marijuana under s. 73.18 (2).

SB1034,52 Section 52 . 961.55 (8) (c) of the statutes is created to read:

SB1034,45,5 961.55 (8) (c) A license from the medical marijuana regulatory commission under s. 73.17.

SB1034,45,6 (End)