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(a) The possession, distribution, or delivery of medical marijuana is done to
14facilitate a qualifying patient's use of medical marijuana in accordance with his or
15her recommendation.
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(b) The medical marijuana is legally obtained from a person who is authorized
17to distribute or deliver medical marijuana under the laws of this state.
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(c) The amount of medical marijuana does not exceed the amount specified
19under s. 73.18 (3) (L) for each qualifying patient.
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(d) The qualifying patient or primary caregiver has in his or her immediate
21possession a registry identification card.
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22(2) Licensed entities; authorized acts. A licensed entity or an agent or
23employee of a licensed entity may possess, manufacture, distribute, or deliver
24marijuana or possess with the intent to manufacture, distribute, or deliver
1marijuana if the licensed entity or agent or employee is acting in the usual course of
2his or her business or employment.
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3(3) Prosecution. (a) A person who is acting in accordance with this section
4and s. 73.17 or 73.18 may not be prosecuted for a criminal offense under this chapter,
5or under any municipal ordinance that prohibits conduct that is the same as that
6prohibited under this chapter, for the possession, manufacture, distribution, or
7delivery of marijuana or possession with the intent to manufacture, distribute, or
8deliver marijuana.
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(b) A licensed entity or an agent or employee of a licensed entity who possesses,
10manufactures, distributes, or delivers marijuana or possesses with the intent to
11manufacture, distribute, or deliver marijuana in violation of s. 73.17 or in violation
12of a rule promulgated under s. 73.17 may not be prosecuted under this chapter unless
13the person is referred to the district attorney for the county in which the violation
14occurred by the medical marijuana regulatory commission, and may not be
15prosecuted under a municipal ordinance that prohibits the same conduct as is
16prohibited under this chapter unless the person is referred to local law enforcement
17by the medical marijuana regulatory commission.
SB683,42
18Section 42
. 961.38 (title) of the statutes is amended to read:
SB683,42,19
19961.38 (title)
Prescriptions
and recommendations for medical use.
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20Section 43
. 961.38 (1p) of the statutes is created to read:
SB683,42,2321
961.38
(1p) A dispensary licensed under s. 73.17 may dispense medical
22marijuana to a person with a valid written hard copy or electronic recommendation
23and a valid registry identification card in accordance with s. 73.18.
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24Section 44
. 961.385 (1) (afm) of the statutes is created to read:
SB683,42,2525
961.385
(1) (afm) “Medical marijuana” has the meaning given in s. 73.18 (1) (e).
SB683,45
1Section
45. 961.385 (1) (aj) of the statutes is amended to read:
SB683,43,52
961.385
(1) (aj) “Patient" means an individual or animal for whom a monitored
3prescription drug is prescribed
or, to whom a monitored prescription drug is
4dispensed or administered
, or for whom the use of medical marijuana is
5recommended under s. 73.18 (2).
SB683,46
6Section 46
. 961.385 (2) (intro.) of the statutes is amended to read:
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961.385
(2) (intro.) The board shall establish by rule a program for monitoring
8the dispensing of monitored prescription drugs
and the recommendation for the use
9of, and issuance of registry identification cards for, medical marijuana. The program
10shall do all of the following:
SB683,47
11Section 47
. 961.385 (2) (am) and (an) of the statutes are created to read:
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961.385
(2) (am) Require a practitioner to generate a record documenting each
13recommendation made by the practitioner for the use of medical marijuana under s.
1473.18 (2).
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(an) Require the medical marijuana regulatory commission to generate a
16record documenting the issuance of a registry identification card under s. 73.18 (3).
SB683,48
17Section 48
. 961.385 (2) (b) of the statutes is amended to read:
SB683,43,2018
961.385
(2) (b) Identify specific data elements to be contained in a record
19documenting the dispensing of a monitored prescription drug, including the method
20of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).
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21(bm) In identifying specific data elements
under pars. (b), (bc), and (bd),
the
22board shall consider data elements identified by similar programs in other states and
23shall ensure, to the extent possible, that records generated by the program are easily
24shared with other states.
SB683,49
25Section 49
. 961.385 (2) (bc) and (bd) of the statutes are created to read:
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1961.385
(2) (bc) Identify specific data elements to be contained in a record
2documenting the making of a recommendation for the use of medical marijuana
3under s. 73.18 (2).
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(bd) Identify specific data elements to be contained in a record documenting the
5issuance of a registry identification card under s. 73.18 (3).
SB683,50
6Section 50
. 961.385 (2) (cm) 3. a. of the statutes is amended to read:
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961.385
(2) (cm) 3. a. The state board or agency, agency of another state, law
8enforcement agency, or prosecutorial unit makes a written request for the record and
9is engaged in an active and specific investigation or prosecution of a violation of any
10state or federal law involving a monitored prescription drug
or any state or federal
11law involving marijuana, and the record being requested is reasonably related to
12that investigation or prosecution.
SB683,51
13Section 51
. 961.385 (2) (cs) 1. of the statutes is amended to read:
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961.385
(2) (cs) 1. Require that a patient's records under the program be
15reviewed before the practitioner issues a prescription order for the patient
or before
16the practitioner makes a recommendation to the patient for the use of medical
17marijuana under s. 73.18 (2). The review required under this subdivision may be
18performed by the practitioner or by the practitioner's agent in accordance with
19applicable standards of practice. This subdivision does not apply after April 1, 2020.
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20Section 52
. 961.385 (2) (cs) 2. (intro.), b., c. and d. of the statutes are amended
21to read:
SB683,44,2422
961.385
(2) (cs) 2. (intro.) The
requirement requirements under subd. 1.
that
23a patient's records under the program be reviewed before the practitioner issues a
24prescription order for the patient does do not apply if any of the following is true:
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1b. The
practitioner is issuing a prescription order
is for
a monitored
2prescription drug for a number of doses that is intended to last the patient 3 days or
3less and is not subject to refill.
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c.
The A monitored prescription drug is lawfully administered to the patient.
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d. Due to emergency, it is not possible to review the patient's records under the
6program before the practitioner issues a prescription order for the patient
or before
7the practitioner makes a recommendation to the patient for the use of medical
8marijuana under s. 73.18 (2).
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9Section 53
. 961.55 (8) (c) of the statutes is created to read:
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961.55
(8) (c) A license from the medical marijuana regulatory commission
11under s. 73.17.