AB1040: Bill Text

AB1040,47 Section 47. 961.01 (14g) of the statutes is created to read:

AB1040,,297 961.01 (14g) “Medical cannabis product” has the meaning given in s. 94.57 (1) (f).

AB1040,48 Section 48. 961.01 (20hm) of the statutes is created to read:

AB1040,,299 961.01 (20hm) “Registered patient” means an individual who holds a valid registry identification card under s. 259.04 to use medical cannabis products.

AB1040,49 Section 49. 961.01 (20t) of the statutes is created to read:

AB1040,,301 961.01 (20t) “Treatment team” means a registered patient and the registered patient’s caregivers if any.

AB1040,50 Section 50. 961.33 of the statutes is created to read:

AB1040,,303 961.33 Medical cannabis. (1) Possession, distribution, and delivery by treatment team. Notwithstanding s. 961.41 (1) (h), (1m) (h), or (3g) (e), a member of a treatment team may possess medical cannabis products or distribute, deliver, or possess with the intent to deliver medical cannabis products to another member of the same registered patient’s treatment team if all of the following apply:

AB1040,,304 (a) The possession, distribution, or delivery of the medical cannabis product is for the use of a registered patient in accordance with ch. 259.

AB1040,,305 (b) The medical cannabis product is obtained from a dispensary operating pursuant to s. 259.10.

AB1040,,306 (c) The amount of medical cannabis product does not exceed the amount specified under s. 259.10 (5) for each registered patient.

AB1040,,307 (d) The member of the treatment team has in the member’s possession a valid registry identification card issued under s. 259.04.

AB1040,,308 (e) The medical cannabis product is possessed at the residence of the registered patient or possessed while the medical cannabis product is being transported to the residence of the registered patient. Under this paragraph, “residence” includes a temporary accommodation if the registered patient intends to or did stay overnight.

AB1040,,309 (2) Licensed entities; authorized acts. Notwithstanding s. 961.41 (1) (h), (1m) (h), or (3g) (e), a licensed entity or an agent or employee of a licensed entity may possess, manufacture, distribute, or deliver marijuana or medical cannabis products or possess with the intent to manufacture, distribute, or deliver marijuana or medical cannabis products if the licensed entity, agent, or employee is acting in the usual course of his or her business or employment.

AB1040,,310 (3) Prosecution. (a) A member of a treatment team may not be prosecuted for an offense under this chapter, or under an ordinance described in s. 59.54 (25) (a) or 66.0107 (1) (bm), for any of the following:

AB1040,,311 1. The possession, manufacture, distribution, or delivery of medical cannabis products or possession with the intent to manufacture, distribute, or deliver medical cannabis products if the person is acting in accordance with this section.

AB1040,,312 2. A violation of sub. (1) (d) or (e).

AB1040,,313 (b) A licensed entity or an agent or employee of a licensed entity may not be prosecuted for a criminal offense under this chapter, or under an ordinance described in s. 59.54 (25) (a) or 66.0107 (1) (bm), for the possession, manufacture, distribution, or delivery of marijuana or medical cannabis products or possession with the intent to manufacture, distribute, or deliver marijuana or medical cannabis products if the entity, agent, or employee is acting in the usual course of his or her business or employment.

AB1040,,314 (c) A member of a treatment team who fails to comply with sub. (1) (d) is subject to a forfeiture of $25, except that, if the member produces a registry identification card within 72 hours after failing to comply, the member is not subject to the forfeiture under this paragraph. No other penalty applies to a member of a treatment team solely because of the member’s failure to comply with sub. (1) (d).

AB1040,,315 (d) A member of a treatment team who fails to comply with sub. (1) (e) is subject to a forfeiture of $25.

AB1040,,316 (4) Evidence of other crimes not subject to suppression. If a search based on probable cause of a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), or an ordinance described in s. 59.54 (25) (a) or 66.0107 (1) (bm), yields evidence of a crime other than a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), suppression of that evidence is not required if the only grounds for suppression is the immunity granted under this section.

AB1040,51 Section 51. 961.38 (title) of the statutes is amended to read:

AB1040,,318 961.38 (title) Prescriptions and recommendations for medical use.

AB1040,52 Section 52. 961.38 (1p) of the statutes is created to read:

AB1040,,320 961.38 (1p) A dispensary operating pursuant to s. 259.10 may dispense medical cannabis products, as defined in s. 94.57 (1) (f), to registered patients and caregivers in accordance with s. 259.10.

AB1040,53 Section 53. 961.385 (1) (ae) of the statutes is amended to read:

AB1040,,322 961.385 (1) (ae) “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a monitored prescription drug or a medical cannabis product from one person to another.

AB1040,54 Section 54. 961.385 (1) (af) of the statutes is renumbered 961.385 (1) (af) (intro.) and amended to read:

AB1040,,324 961.385 (1) (af) (intro.) “Dispense” means to deliver do any of the following:

AB1040,,325 1. Deliver a monitored prescription drug pursuant to the lawful prescription order of a practitioner, including the compounding, packaging, or labeling necessary to prepare the monitored prescription drug for delivery.

AB1040,55 Section 55. 961.385 (1) (af) 2. of the statutes is created to read:

AB1040,,327 961.385 (1) (af) 2. Deliver a medical cannabis product to a registered patient or caregiver under s. 259.10.

AB1040,56 Section 56. 961.385 (1) (aj) of the statutes is renumbered 961.385 (1) (aj) (intro.) and amended to read:

AB1040,,329 961.385 (1) (aj) (intro.) “Patient” means an any of the following:

AB1040,,330 1. An individual or animal for whom a monitored prescription drug is prescribed or to whom a monitored prescription drug is dispensed or administered.

AB1040,57 Section 57. 961.385 (1) (aj) 2. of the statutes is created to read:

AB1040,,332 961.385 (1) (aj) 2. A registered patient.

AB1040,58 Section 58. 961.385 (2) (intro.) of the statutes is amended to read:

AB1040,,334 961.385 (2) (intro.) The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs and the dispensing of medical cannabis products. The program shall do all of the following:

AB1040,59 Section 59. 961.385 (2) (am) of the statutes is created to read:

AB1040,,336 961.385 (2) (am) Require an individual designated under s. 259.10 (5) (d) to generate a record documenting each dispensing of a medical cannabis product to a registered patient or caregiver under s. 259.10.

AB1040,60 Section 60. 961.385 (2) (b) of the statutes is amended to read:

AB1040,,338 961.385 (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).

AB1040,,339 (bm) In identifying specific data elements, the board shall under pars. (b) and (bc), 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.

AB1040,61 Section 61. 961.385 (2) (bc) of the statutes is created to read:

AB1040,,341 961.385 (2) (bc) Identify specific data elements to be contained in a record documenting the dispensing of a medical cannabis product under s. 259.10.

AB1040,62 Section 62. 961.385 (2) (cm) 3. a. of the statutes is amended to read:

AB1040,,343 961.385 (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.

AB1040,63 Section 63. 961.385 (2) (ct) of the statutes is created to read:

AB1040,,345 961.385 (2) (ct) Require that a patient’s records under the program be reviewed before a medical cannabis product is dispensed under s. 259.10. The review required under this paragraph shall be performed by a pharmacist described in s. 259.10.

AB1040,64 Section 64. 961.385 (2) (f) of the statutes is amended to read:

AB1040,,347 961.385 (2) (f) Permit the board to refer to the appropriate licensing or regulatory board for discipline a pharmacist, pharmacy, or practitioner, or to the office of medical cannabis regulation or the department of health services an individual for purposes of enforcement of ch. 259, that fails to comply with rules promulgated under this subsection, including by failure to generate a record that is required by the program.

AB1040,65 Section 65. 961.385 (3) (b) of the statutes is amended to read:

AB1040,,349 961.385 (3) (b) Nothing in this section may be construed to require a pharmacy or pharmacist to obtain, before dispensing a monitored prescription drug or medical cannabis product to a patient, information about the patient that has been collected pursuant to the program established under sub. (2).

AB1040,66 Section 66. 961.385 (5) (a) 2. of the statutes is amended to read:

AB1040,,351 961.385 (5) (a) 2. The program’s impact on referrals of pharmacists, pharmacies, and practitioners to licensing or regulatory boards, or to the office of medical cannabis regulation or the department for discipline, for enforcement of ch. 259, and to law enforcement agencies for investigation and possible prosecution.

AB1040,67 Section 67. 961.385 (6) (b) of the statutes is amended to read:

AB1040,,353 961.385 (6) (b) An assessment of the trends and changes in the use of monitored prescription drugs and medical cannabis products in this state.

AB1040,68 Section 68. 961.55 (8) (c) of the statutes is created to read:

AB1040,,355 961.55 (8) (c) A license described in s. 961.01 (12q).

AB1040,69 Section 69. 961.571 (1) (b) 4. of the statutes is created to read:

AB1040,,357 961.571 (1) (b) 4. Objects used, designed for use, or primarily intended for use by a registered patient in accordance with ch. 259.

AB1040,70 Section 70. Nonstatutory provisions.

AB1040,,359 (1) Initial appointment. The governor shall appoint a director to the office of medical cannabis regulation under s. 15.194 (2) within 90 days following the effective date of this subsection.

AB1040,,360 (2) Initial fees.

AB1040,,361 (a) Beginning on the effective date of this paragraph until the department of agriculture, trade and consumer protection determines the annual fee for grower licenses under s. 94.57 (4) (a) 2. and (c), the annual fee for a grower license is $10,000.

AB1040,,362 (b) Beginning on the effective date of this paragraph until the department of agriculture, trade and consumer protection determines the annual fee for processor licenses under s. 94.57 (5) (b) 3. and (d), the annual fee for processor licenses is $50,000.

AB1040,,363 (c) Beginning on the effective date of this paragraph until the department of agriculture, trade and consumer protection determines the annual fee for laboratory licenses under s. 94.57 (6) (b) 3. and (d), the annual fee for laboratory licences is $5,000.

AB1040,71 Section 71. Effective date.

AB1040,,365 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB1040,,366 (end)