AB1040: Bill Text

AB1040,33 Section 33. Chapter 259 of the statutes is created to read:

AB1040,,150 CHAPTER 259

AB1040,,151 MEDICAL CANNABIS

AB1040,,152 259.01 Definitions. In this chapter:

AB1040,,153 (1) “Cannabis” has the meaning given for “marijuana” in s. 961.01 (14).

AB1040,,154 (1m) “Department” means the department of health services.

AB1040,,155 (2) “Dispensary” means an entity operated by the office to purchase packaged and labeled medical cannabis products from a processor licensed under s. 94.57 (5) and to sell medical cannabis products to patients and caregivers who hold a valid registry identification card issued by the office.

AB1040,,156 (3) “Grower” has the meaning given in s. 94.57 (1) (b).

AB1040,,157 (4) “Laboratory” has the meaning given in s. 94.57 (1) (c).

AB1040,,158 (5) “Legal custody” has the meaning given in s. 767.001 (2).

AB1040,,159 (7) “Medical cannabis product” has the meaning given in s. 94.57 (1) (f).

AB1040,,160 (8) “Office” means the office of medical cannabis regulation.

AB1040,,161 (9) “Patient” means an individual who holds a valid registry identification card under s. 259.04 to use medical cannabis products.

AB1040,,162 (10) “Pharmacist” has the meaning given in s. 450.01 (15).

AB1040,,163 (11) “Prescriber” means all of the following:

AB1040,,164 (a) An advanced practice nurse prescriber certified under s. 441.16 (2).

AB1040,,165 (b) A physician licensed under s. 448.02.

AB1040,,166 (c) A physician assistant licensed under s. 448.974.

AB1040,,167 (12) “Processor” has the meaning given in s. 94.57 (1) (g).

AB1040,,168 (13) “Resident” means an individual who maintains his or her place of permanent abode in this state. Domiciliary intent is required to establish that a person is maintaining his or her place of permanent abode in this state. Mere ownership of property is not sufficient to establish domiciliary intent. Evidence of domiciliary intent includes the location where the individual votes, pays personal income taxes, or obtains a driver’s license.

AB1040,,169 (14) “Residential care facility” means all of the following:

AB1040,,170 (a) A nursing home, as defined in s. 50.01 (3).

AB1040,,171 (b) An adult family home, as defined in s. 50.01 (1).

AB1040,,172 (c) A community-based residential facility, as defined in s. 50.01 (1g).

AB1040,,173 (d) A residential care apartment complex, as defined in s. 50.01 (6d).

AB1040,,174 (e) A hospice, as defined in s. 50.90 (1).

AB1040,,175 (f) A facility, as defined in s. 647.01 (4).

AB1040,,176 (g) A swing bed in an acute care facility or extended care facility, as specified in 42 USC 1395tt.

AB1040,,177 (15) “Severe chronic pain” means pain that dominates the senses, that interferes with the essential activities for daily living, that has persisted for at least 3 months, and that is not responsive to or appropriate for other therapies.

AB1040,,178 259.02 Possession and sale prohibited. No person may possess, sell, transfer, or transport cannabis or medical cannabis products unless the person is licensed under s. 94.57, the person holds a valid registry identification card issued by the office under s. 259.04, or the person is an agent or employee of a dispensary operating pursuant to s. 259.10.

AB1040,,179 259.03 Office of medical cannabis regulation. (1) The office shall oversee and regulate the dispensing of medical cannabis products.

AB1040,,180 (2) The office shall promulgate rules establishing safety and security requirements for the premises of dispensaries that handle cannabis or medical cannabis products.

AB1040,,181 (3) Annually, no later than October 15, the office shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) on the performance of the medical cannabis program under this chapter. The report shall include information on all of the following:

AB1040,,182 (a) The number of patients included in the patient and caregiver registry under s. 259.04.

AB1040,,183 (b) The medical conditions that have qualified patients for inclusion in the patient and caregiver registry under s. 259.04 expressed as a total number and a percentage of all the patients included on the patient and caregiver registry.

AB1040,,184 (c) The number of doses and type of medical cannabis products dispensed.

AB1040,,185 (d) The residency by county of patients who possess a valid patient registry identification card under s. 259.04.

AB1040,,186 (e) The expenses and revenues of the program over the previous year, all funds held in reserve for the program, and an estimation of the expenses and revenues of the program over the following year.

AB1040,,187 (4) The office shall ensure that any information that is in the office’s possession and that could create a security risk if disclosed 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.

AB1040,,188 259.04 Patient and caregiver registry. (1) The office shall create and maintain a registry that includes all patients and caregivers authorized to possess medical cannabis products pursuant to this chapter. The registry shall be an electronic system accessible online by authorized users. The office shall add an individual as a patient to the registry, and issue the individual a registry identification card and unique identification code, if the individual submits all of the following:

AB1040,,189 (a) The individual’s name, address, and contact information.

AB1040,,190 (b) Proof that the individual is a resident.

AB1040,,191 (c) Proof that the individual is at least 18 years of age or, if the individual is under the age of 18, written consent from all parents or, if legal custody of the individual has been awarded by a court, from all persons awarded legal custody of the individual to be included in the patient and caregiver registry.

AB1040,,192 (d) If the individual has previously been convicted of a crime, proof that the individual is not on parole, probation, or extended supervision.

AB1040,,193 (e) A written confirmation from a prescriber that the prescriber has established a bona fide relationship with the individual, met with the individual in person, reviewed the individual’s health care records, performed any tests to identify the presence of a medical condition to a reasonable degree of medical certainty, and determined that the individual has at least one of the following medical conditions:

AB1040,,194 1. Cancer.

AB1040,,195 2. HIV or AIDS.

AB1040,,196 3. Seizures and epilepsy.

AB1040,,197 4. Post-traumatic stress disorder.

AB1040,,198 5. Alzheimer’s disease.

AB1040,,199 6. Glaucoma.

AB1040,,200 7. Severe chronic pain.

AB1040,,201 8. Severe chronic nausea.

AB1040,,202 9. Severe muscle spasms.

AB1040,,203 10. Parkinson’s disease.

AB1040,,204 11. Multiple sclerosis.

AB1040,,205 12. Amyotrophic lateral sclerosis.

AB1040,,206 13. Chronic motor or vocal tic disorder.

AB1040,,207 14. Tourette syndrome.

AB1040,,208 15. Inflammatory bowel disease.

AB1040,,209 16. Any terminal illness with a probable life expectancy of less than one year.

AB1040,,210 (2) (a) Written confirmation from a prescriber under par. (b) or sub. (1) (e) is valid for 2 years from the day that the prescriber determines the patient has or continues to have at least one of the conditions described under sub. (1) (e).

AB1040,,211 (b) No earlier than 90 days prior to the expiration of the written confirmation from a prescriber under this paragraph or sub. (1) (e), a patient may obtain and submit written confirmation from a prescriber consistent with sub. (1) (e) that the patient continues to have at least one of the conditions described under sub. (1) (e).

AB1040,,212 (3) At the time a patient applies to the office for inclusion on the patient and caregiver registry under this section and annually thereafter, a patient shall pay a fee of $100 or, if the patient qualifies for a hardship exception as determined by the office, a fee of $50.

AB1040,,213 (4) If a patient is added to the registry under sub. (1) or submits written confirmation that the patient continues to have at least one of the conditions described under sub. (1) (e) consistent with sub. (2), the office shall record on the registry the prescriber who determined that the patient has or continues to have at least one of the conditions described under sub. (1) (e) and the condition under sub. (1) (e) that qualifies the patient for inclusion on the patient and caregiver registry.

AB1040,,214 (5) If an individual under the age of 18 is added to the registry and legal custody of the individual has been awarded by a court, all person’s awarded legal custody of the individual shall inform any noncustodial parent of the individual that the individual is included on the registry.

AB1040,,215 (6) (a) A patient included in the patient and caregiver registry under this section may designate up to 3 caregivers who may purchase and possess medical cannabis products on the patient’s behalf, except as provided in par. (b). A caregiver designated by a patient shall be included in the patient and caregiver registry under this section and shall be issued a registry identification card that evidences their inclusion as a caregiver in the registry.

AB1040,,216 (b) If a patient is under the age of 18, the office shall designate the patient’s parents or guardians as the patient’s caregivers. The minor patient’s parents or guardians may designate one additional caregiver who may purchase and possess medical cannabis products on the minor patient’s behalf.

AB1040,,217 (c) No individual may act as a caregiver under this subsection unless the individual is 21 years of age or older, is a resident, and has not been convicted of a crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime.

AB1040,,218 (d) No individual may act as a caregiver under this section for more than 5 patients, except as provided in par. (e).

AB1040,,219 (e) A patient who resides in a residential care facility may designate an employee of the residential care facility as the patient’s caregiver. The office shall promulgate rules to establish reasonable limits on the number of patients for which an employee of a residential care facility may be designated as a caregiver.

AB1040,,220 (f) Neither a patient nor any parent or guardian of a minor patient may designate an individual as a caregiver for the patient unless the caregiver affirmatively consents to act as the patient’s caregiver and to be included on the patient and caregiver registry.

AB1040,,221 (g) At the time a patient applies to the office for inclusion on the patient and caregiver registry under this section and at any time that a patient submits written confirmation from a prescriber consistent with sub. (1) (e) that the patient continues to have at least one of the conditions described under sub. (1) (e), the patient shall provide a complete list of caregivers designated by the patient. A complete list of caregivers under this paragraph shall include the names and addresses of each caregiver designated by the patient or, if the patient is a minor, a parent or guardian of the patient and an affirmation that each caregiver has consented to act as the patient’s caregiver.

AB1040,,222 (h) A patient or, if the patient is a minor, a parent or guardian of a patient may update the designated caregivers for the patient at any time by submitting to the office an updated list of caregivers designated by the patient or, if the patient is a minor, a parent or guardian of the patient. An updated list of caregivers under this paragraph shall include the names and addresses of each caregiver designated by the patient or, if the patient is a minor, a parent or guardian of the patient and an affirmation that each caregiver has consented to act as the patient’s caregiver.

AB1040,,223 (i) Before any caregiver is added to the patient and caregiver registry under this subsection, the office, with the assistance of the department of justice, shall conduct a background investigation of the caregiver. If the office determines that any information obtained as a result of the background investigation provides a reasonable basis for further investigation, the office may require the caregiver to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the applicant’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the caregiver and obtaining records of his or her criminal arrests and convictions.

AB1040,,224 (j) Any individual who is a caregiver included on the patient and caregiver registry under this subsection may revoke his or her consent to act as a patient’s caregiver at any time and remove himself or herself from the patient and caregiver registry by submitting a written statement to the office that the individual no longer consents to act as a caregiver for a patient under this subsection and wishes to be removed from the patient and caregiver registry.

AB1040,,225 (7) (a) For purposes of this subsection, “patient’s residence” includes a temporary accommodation if the patient intends to or did stay at the temporary accommodation overnight.

AB1040,,226 (b) A patient who holds a valid registry identification card under this section may use medical cannabis products and may possess medical cannabis products only at the patient’s residence, between the dispensary from which the products were purchased and the patient’s residence, and between the patient’s residences if the patient has more than one residence.

AB1040,,227 (c) A caregiver who holds a valid registry identification card under this section may possess untampered and unopened medical cannabis products only at the caregiver’s residence, between the dispensary from which the products were purchased and the caregiver’s or the caregiver’s patient’s residence, and between the caregiver’s and the caregiver’s patient’s residence.

AB1040,,228 (d) A patient or caregiver who holds a valid registry identification card under this section may acquire medical cannabis products only from a dispensary operating pursuant to this chapter, and only in the amounts specified under s. 259.10 (5).

AB1040,,229 (8) The office shall remove a patient from the patient and caregiver registry under this section if the office finds that any of the following has occurred:

AB1040,,230 (a) The patient has not paid the annual fee required under sub. (3).

AB1040,,231 (b) The patient fails to submit written confirmation that the patient continues to have at least one of the conditions described under sub. (1) (e) prior to the expiration of the written confirmation consistent with sub. (2).

AB1040,,232 (c) The patient has been convicted for a 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.

AB1040,,233 (d) The patient has been convicted of any felony.

AB1040,,234 (e) The patient has been found to have violated any provision of this chapter or any rules promulgated under this chapter by fraud.

AB1040,,235 (f) The patient is no longer a resident.

AB1040,,236 (g) The patient voluntarily requests to be removed from the patient and caregiver registry.

AB1040,,237 (9) The office shall remove a caregiver from the patient and caregiver registry under this section if the office finds that any of the following has occurred: