AB1067,16,106
3. Attach a label to the packaging that identifies the weight, in ounces, of
7marijuana contained in the package, the tetrahydrocannabinol content of the
8medical marijuana, and any other information required to be included by the
9commission by rule. The commission shall promulgate rules specifying marijuana
10weight equivalencies for different types of medical marijuana.
AB1067,16,1111
(c) A licensed processor may operate only within an enclosed, locked facility.
AB1067,16,16
12(9) Dispensaries. (a) A licensed dispensary may obtain packaged, labeled
13medical marijuana from a licensed processor, dispense the medical marijuana
14according to the provisions of this section, and engage in any related activities that
15are necessary for the operation, such as possessing and storing the medical
16marijuana.
AB1067,16,2017
(b) A licensed dispensary may dispense medical marijuana only to a person who
18presents a valid registry identification card issued under s. 73.18 (3) and a valid
19written hard copy or electronic recommendation under s. 73.18 (2) and only in
20accordance with the recommendation presented.
AB1067,16,2221
(c) Before dispensing medical marijuana, a licensed dispensary shall do all of
22the following:
AB1067,16,2323
1. Verify that the registry identification card presented is valid and unexpired.
AB1067,16,2524
2. Verify that the person receiving the medical marijuana is the person
25identified on the registry identification card.
AB1067,17,6
13. Attach a label to the packaging that identifies the name and address of the
2dispensary, the date on which the medical marijuana is dispensed, the name of the
3practitioner who recommended the use of medical marijuana, the name of the
4qualifying patient, the name of the primary caregiver if the medical marijuana is
5dispensed to a primary caregiver, and any other information required to be included
6by the commission by rule.
AB1067,17,117
(d) No more than 10 licensed dispensaries may operate in a county with a
8population exceeding 500,000; no more than 5 licensed dispensaries may operate in
9a county with a population that is less than 500,000, but at least 100,000; and no
10more than 3 licensed dispensaries my operate in a county with a population less than
11100,000.
AB1067,17,16
12(10) Laboratories. (a) A licensed laboratory may obtain samples of medical
13marijuana from a licensed processor, test and certify the tetrahydrocannabinol
14content of the medical marijuana and whether the medical marijuana contains any
15contaminants, and engage in any related activities that are necessary for the
16operation, such as possessing and storing the medical marijuana.
AB1067,17,1917
(b) If any part of a sample remains after testing and certifying the
18tetrahydrocannabinol content of the sample, the licensed laboratory shall destroy
19the sample or return the sample to the licensed processor.
AB1067,17,2020
(c) A licensed laboratory may operate only within an enclosed, locked facility.
AB1067,18,3
21(11) Transporters. Marijuana or medical marijuana may be transported on
22public roads only by a licensed transporter and only to other licensees. A transporter
23shall designate a crew of at least 2 individuals to transport any shipment of
24marijuana or medical marijuana, and at least one individual shall remain with the
25transportation vehicle at all times. A transporter shall keep accurate and complete
1records, as prescribed by the commission, including route plans and manifests, and
2shall provide such records to the commission at the time and in the manner
3prescribed by the commission and to law enforcement upon request.
AB1067,18,9
4(12) Statewide tracking system. (a) The commission shall establish and
5maintain a statewide tracking system to ensure compliance with this section and s.
673.18 and subch. IV of ch. 139, to track marijuana and medical marijuana from
7cultivation to consumption by qualifying patients, to enable product recalls, and to
8ensure efficient revenue collection. The commission shall use the tracking system
9to do all of the following:
AB1067,18,1110
1. Track inventory throughout the product life of marijuana and medical
11marijuana, including the monitoring of seed-to-sale transfers.
AB1067,18,1412
2. Verify that a registry identification card issued under s. 73.18 (3) is current
13and valid and has not been suspended, revoked, or denied, and record other
14information concerning such cards.
AB1067,18,1615
3. Record the date, time, quantity, and price of each sale or transfer of
16marijuana or medical marijuana to a qualifying patient or primary caregiver.
AB1067,18,1817
4. Ensure that a specific sale or transaction does not exceed permissible
18quantity limits.
AB1067,18,1919
5. Receive and integrate 3rd-party inventory control and tracking systems.
AB1067,18,2120
6. Record any other information, as determined by the commission, that is
21applicable to licensees, qualifying patients, and primary caregivers.
AB1067,18,2422
(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.
AB1067,19,4
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:
AB1067,19,65
1. Information relating to the locations of marijuana production and processing
6operations.
AB1067,19,87
2. Personally identifiable information relating to a person who is lawfully
8engaging in activities related to marijuana.
AB1067,19,119
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.
AB1067,19,1312
4. Any other information about activities related to marijuana that could create
13a security risk if disclosed.
AB1067,19,1714
(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.
AB1067,19,20
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.
AB1067,19,22
21(15) False information on an application. No person may intentionally submit
22false information in any application submitted under this section.
AB1067,20,2
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.
AB1067,20,63
(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.
AB1067,20,10
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.
AB1067,20,16
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.
AB1067,20,18
17(19) Medical marijuana fund. The commission shall deposit all fees and
18penalties collected under this section into the medical marijuana fund.
AB1067,11
19Section 11
. 73.18 of the statutes is created to read:
AB1067,20,20
2073.18 Medical marijuana; dispensaries. (1) Definitions. In this section:
AB1067,20,2221
(a) “Applicant” means a person who is applying for a registry identification card
22under sub. (3).
AB1067,20,2423
(b) “Certified advanced practice nurse prescriber" means a nurse who is
24certified under s. 441.16 (2).
AB1067,20,2525
(c) “Commission” means the medical marijuana regulatory commission.
AB1067,21,1
1(d) “Marijuana” has the meaning given in s. 961.01 (14).
AB1067,21,52
(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.
AB1067,21,66
(f) “Physician” has the meaning given in s. 448.01 (5).
AB1067,21,77
(g) “Physician assistant” has the meaning given in s. 448.01 (6).
AB1067,21,108
(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.
AB1067,21,1111
(i) “Qualifying medical condition” means any of the following:
AB1067,21,1212
1. Amyotrophic lateral sclerosis.
AB1067,21,1313
2. Cancer.
AB1067,21,1414
3. Crohn's disease.
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4. Glaucoma.
AB1067,21,1616
5. HIV/AIDS.
AB1067,21,1717
6. Multiple sclerosis.
AB1067,21,1818
7. Post-traumatic stress disorder.
AB1067,21,1919
8. Seizure disorders.
AB1067,21,2220
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.
AB1067,21,2323
(j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
AB1067,21,2524
(k) “Registrant” means a person to whom a registry identification card is issued
25under sub. (3).
AB1067,22,2
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.
AB1067,22,6
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:
AB1067,22,107
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.
AB1067,22,1311
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:
AB1067,22,1514
a. An in-person physical examination of the patient by the physician, physician
15assistant, or certified advanced practice nurse prescriber.
AB1067,22,1716
b. A review of the patient's medical history by the physician, physician
17assistant, or certified advanced practice nurse prescriber.
AB1067,22,2118
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.
AB1067,22,2422
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.
AB1067,23,6
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.
AB1067,23,127
(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.
AB1067,24,313
(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.
AB1067,24,7
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:
AB1067,24,88
1. His or her name, address, and date of birth.
AB1067,24,109
2. A written recommendation provided under sub. (2) that is no more than 30
10days old as of the date the application is filed.
AB1067,24,1311
3. The name, address, and telephone number of the physician, physician
12assistant, or certified advanced practice nurse prescriber who provided the
13recommendation.
AB1067,24,1414
4. A registration fee in an amount determined by the commission.
AB1067,25,215
(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.
AB1067,25,53
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.
AB1067,25,96
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.
AB1067,25,1610
(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.
AB1067,25,1817
(d) A registry identification card issued under this subsection expires after one
18year.
AB1067,25,2119
(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.
AB1067,25,2422
(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.
AB1067,26,3
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.
AB1067,26,44
(h) The commission shall maintain a list of all registrants.
AB1067,26,75
(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.
AB1067,26,118
(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.
AB1067,26,1512
(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.
AB1067,26,1916
(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.
AB1067,26,21
20(4) Rules. The commission shall promulgate rules to implement this section,
21including rules that do all of the following:
AB1067,26,2222
(a) Establish a timeline for approving or denying applications under sub. (3).
AB1067,26,2323
(b) Set the amount of fees to be submitted with applications.
AB1067,26,2524
(c) Establish any other rules necessary for the administration of the registry
25under sub. (3), including issuance of registry identification cards.