AB1040: Bill Text

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:

AB1040,,238 (a) The caregiver has been convicted of any crime.

AB1040,,239 (b) The caregiver has been found to have violated any provision of this chapter or any rules promulgated under this chapter by fraud.

AB1040,,240 (c) The caregiver is no longer a resident.

AB1040,,241 (10) If a patient is removed from the patient and caregiver registry under this section, the office shall remove any caregivers designated for that patient from the patient and caregiver registry unless the caregiver is a caregiver for another patient who is on the patient and caregiver registry under this section.

AB1040,,242 259.10 Medical cannabis dispensaries. (1) No person may sell or transfer medical cannabis products to patients and caregivers except for a dispensary operated by the office.

AB1040,,243 (2) The office shall establish 5 dispensaries in the state. In establishing dispensaries in the state, the office shall place one dispensary in each of the 5 regions that the department has established for data analysis and communication purposes.

AB1040,,244 (3) (a) Each dispensary may obtain packaged and labeled medical cannabis products from processors licensed under s. 94.57 (5) and dispense medical cannabis products consistent with this section.

AB1040,,245 (b) No dispensary may dispense medical cannabis products to any person except for a patient or caregiver who presents photo identification and a valid registry identification card issued by the office under s. 259.04. Before a dispensary may dispense medical cannabis products to a patient or caregiver, the dispensary shall confirm the patient or caregiver is included on the patient and caregiver registry under s. 259.04 by searching the registry for the patient’s or caregiver’s unique identification code.

AB1040,,246 (4) Each dispensary shall be adequately staffed to advise patients and caregivers on appropriate medical cannabis products to use or consume and appropriate dosages. At a minimum, each dispensary shall have on staff at all times at least one pharmacist who is qualified to advise patients and caregivers on appropriate uses and dosages of medical cannabis products and potential interactions between medical cannabis products and other drugs, as defined in s. 450.01 (10), that the patient uses.

AB1040,,247 (5) (a) Before a dispensary may dispense medical cannabis products to a patient or the patient’s caregiver, the dispensary shall direct a qualified pharmacist who is employed by the dispensary to consult with the patient or the patient’s caregiver and review the patient’s records under the prescription drug monitoring program under s. 961.385. After consulting with the patient or the patient’s caregiver and reviewing the patient’s records under the prescription drug monitoring program, if the patient has never been dispensed medical cannabis products in this state, the pharmacist shall recommend a daily dosage for the patient and record the recommended daily dosage in the patient and caregiver registry under s. 259.04. If the patient has previously been recommended a daily dosage, the consulting pharmacist may update the patient’s recommended daily dosage. If the consulting pharmacist recommends an updated daily dosage for the patient, the pharmacist shall record that updated recommendation in the patient and caregiver registry under s. 259.04.

AB1040,,248 (b) A dispensary may dispense to a patient who has never been dispensed medical cannabis products in this state or the patient’s caregiver not more than a 30-day supply of medical cannabis products based on the dosage recommendation made by a qualified pharmacist employed by a dispensary and recorded in the patient and caregiver registry under s. 259.04. After dispensing to a patient an initial 30-day supply of medical cannabis products, a dispensary may dispense not more than a 90-day supply of medical cannabis products based on the most recent dosage recommendation made by a qualified pharmacist employed by a dispensary and recorded in the patient and caregiver registry under s. 259.04.

AB1040,,249 (c) No dispensary may dispense any medical cannabis products to a patient or to a caregiver for a patient who, based on the amount of medical cannabis products previously dispensed and the patient’s recommended daily dosage, has or should have more than a 7-day supply of medical cannabis products.

AB1040,,250 (d) A dispensary shall designate one or more employees to generate records for the prescription drug monitoring program under s. 961.385 when a medical cannabis product is dispensed to a patient or caregiver and to record the following information in the registry when a medical cannabis product is dispensed to a patient or caregiver:

AB1040,,251 1. The form and quantity of medical cannabis products dispensed.

AB1040,,252 2. The pharmacist who consulted with the patient or caregiver prior to dispensing.

AB1040,,253 3. The individual to whom the medical cannabis products are dispensed.

AB1040,,254 4. The date the medical cannabis products are dispensed.

AB1040,,255 5. The estimated number of days of therapy that the dispensed medical cannabis products may be used by the patient.

AB1040,,256 (6) The office shall promulgate rules to establish qualifications for pharmacists to advise patients and caregivers at dispensaries under this section on appropriate uses and dosages of medical cannabis products and potential interactions between medical cannabis products and other drugs that the patient uses.

AB1040,,257 (7) A dispensary, and any employee of a dispensary, may not make any statement or other indication that the consumption or use of medical cannabis may cure, mitigate, treat, or prevent any disease or medical condition.

AB1040,,258 259.15 Advertising prohibited. (1) No dispensary may advertise its services.

AB1040,,259 (2) No prescriber may advertise that he or she may provide a written confirmation under s. 259.04 (1) (e).