AB1040: Bill Text

AB1040,42,7 (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.

AB1040,42,21 (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.

AB1040,43,5 (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.

AB1040,43,9 (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.

AB1040,43,14 (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:

AB1040,43,15 1. The form and quantity of medical cannabis products dispensed.

AB1040,43,17 2. The pharmacist who consulted with the patient or caregiver prior to dispensing.

AB1040,43,18 3. The individual to whom the medical cannabis products are dispensed.

AB1040,43,19 4. The date the medical cannabis products are dispensed.

AB1040,43,21 5. The estimated number of days of therapy that the dispensed medical cannabis products may be used by the patient.

AB1040,43,25 (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.

AB1040,44,3 (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.

AB1040,44,5 259.15 Advertising prohibited. (1) No dispensary may advertise its services.

AB1040,44,7 (2) No prescriber may advertise that he or she may provide a written confirmation under s. 259.04 (1) (e).

AB1040,44,12 259.20 Sales prices. The office shall set the price of medical cannabis products offered for sale at dispensaries. The office may set the price of medical cannabis products only at a level sufficient to recoup product and operational costs. The office may update prices under this subsection whenever the office determines it is necessary.

AB1040,44,15 259.25 Enforcement. (1) The office may conduct investigations, hold hearings, and make findings as to whether a person has violated any provision of this chapter or any rule promulgated under this chapter.

AB1040,44,18 (2) If, after holding a public hearing, the office determines that a person has violated any provision of this chapter or any rule promulgated under this chapter, the office may impose a penalty pursuant to s. 259.30.

AB1040,44,21 (3) If the office has reason to believe that a person has engaged in activities for which a license is required without a license, the office may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

AB1040,44,24 (4) The enforcement actions permitted under this section are cumulative. The imposition of an enforcement action may not bar the imposition of any other enforcement action.

AB1040,45,4 259.30 Penalties. (1) The office may remove a patient or caregiver from the patient and caregiver registry if the office determines that the patient or caregiver has intentionally possessed, used, sold, or transferred cannabis or medical cannabis products in violation of this chapter or any rules promulgated under this chapter.

AB1040,45,7 (2) (a) Any person who violates any provision of this chapter or any rules promulgated under this chapter by fraud shall be fined not less than $2,000 nor more than $10,000.

AB1040,45,12 (b) Except as provided in par. (a), any person who violates any provision of this chapter or any rules promulgated under this chapter may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

AB1040,45,15 (3) All of the remedies and penalties under this chapter shall be cumulative. No action for recovery of one penalty shall be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution.

AB1040,34 Section 34. 450.01 (16) (L) of the statutes is created to read:

AB1040,45,18 450.01 (16) (L) Performing the duties specified in s. 259.10 as an employed pharmacist of a medical cannabis dispensary.

AB1040,35 Section 35 . 450.03 (1) (eg) and (er) of the statutes are created to read:

AB1040,45,22 450.03 (1) (eg) Any person acting within the scope of a valid grower license under s. 94.57 (4), a valid processor license under s. 94.57 (5), or a valid laboratory license under s. 94.57 (6).

AB1040,45,25 (er) A medical cannabis dispensary operating pursuant to s. 259.10. This paragraph does not apply to a person serving as a pharmacist in a medical cannabis dispensary operating pursuant to s. 259.10.

AB1040,36 Section 36. 450.07 (1m) of the statutes is renumbered 450.07 (1m) (a).

AB1040,37 Section 37 . 450.07 (1m) (b) of the statutes is created to read:

AB1040,46,6 450.07 (1m) (b) No license under this section is required for a dispensary operating pursuant to s. 259.10 or a person acting within the scope of a valid grower license under s. 94.57 (4), a valid processor license under s. 94.57 (5), or a valid laboratory license under s. 94.57 (6).

AB1040,38 Section 38 . 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and amended to read:

AB1040,46,11 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs.

AB1040,46,16 (b) 1. The board shall exempt from the licensure requirement under this section a manufacturer that distributes prescription drugs or devices manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.

AB1040,39 Section 39 . 450.071 (1) (b) 2. of the statutes is created to read:

AB1040,46,21 450.071 (1) (b) 2. No license under this section is required for a dispensary operating pursuant to s. 259.10 or a person acting within the scope of a valid grower license under s. 94.57 (4), a valid processor license under s. 94.57 (5), or a valid laboratory license under s. 94.57 (6).

AB1040,40 Section 40. 450.10 (2m) of the statutes is created to read:

AB1040,46,25 450.10 (2m) No pharmacist may be found guilty of unprofessional conduct for performing the duties specified in s. 259.10 as an employed pharmacist of a medical cannabis dispensary.

AB1040,41 Section 41. 452.14 (3) (n) of the statutes is amended to read:

AB1040,47,5 452.14 (3) (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, use of medical cannabis products, as defined in s. 94.57 (1) (f), ancestry, marital status, lawful source of income, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u).

AB1040,42 Section 42 . 767.445 of the statutes is created to read:

AB1040,47,8 767.445 Medical cannabis. (1) In this section, “medical cannabis product” has the meaning given in s. 94.57 (1) (f).

AB1040,47,14 (2) A court may not consider lawful use or possession of medical cannabis products under s. 94.57 or ch. 259 in determining custody or placement of a child under this chapter, except in cases in which a child has access to the medical cannabis products. A court may consider the unlawful use or possession of cannabis, as defined in s. 94.57 (1) (a), in determining custody or placement of a child under this chapter.

AB1040,43 Section 43. 943.895 (4) of the statutes is renumbered 943.895 (4) (a).

AB1040,44 Section 44. 943.895 (4) (b) of the statutes is created to read:

AB1040,47,22 943.895 (4) (b) A financial institution or person acting on behalf of or providing services to a financial institution does not violate this section solely by receiving deposits, extending credit, conducting funds transfers, transporting cash or other financial instruments, or providing other financial services to a cannabis grower, processor, or laboratory licensed under s. 94.57 or a medical cannabis dispensary operating pursuant to s. 259.10.

AB1040,45 Section 45. 961.01 (3u) of the statutes is created to read:

AB1040,48,3 961.01 (3u) “Caregiver” means an individual who holds a valid registry identification card under s. 259.04 to help a registered patient in his or her use or acquisition of medical cannabis products.

AB1040,46 Section 46. 961.01 (12q) of the statutes is created to read:

AB1040,48,7 961.01 (12q) “Licensed entity” means a grower licensed under s. 94.57 (4), a processor licensed under s. 94.57 (5), a laboratory licensed under s. 94.57 (6), or a dispensary that is operating pursuant to s. 259.10.

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

AB1040,48,10 961.01 (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:

AB1040,48,13 961.01 (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:

AB1040,48,16 961.01 (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:

AB1040,48,22 961.33 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:

AB1040,48,24 (a) The possession, distribution, or delivery of the medical cannabis product is for the use of a registered patient in accordance with ch. 259.

AB1040,49,2 (b) The medical cannabis product is obtained from a dispensary operating pursuant to s. 259.10.

AB1040,49,4 (c) The amount of medical cannabis product does not exceed the amount specified under s. 259.10 (5) for each registered patient.

AB1040,49,6 (d) The member of the treatment team has in the member's possession a valid registry identification card issued under s. 259.04.

AB1040,49,10 (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.

AB1040,49,16 (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.

AB1040,49,19 (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:

AB1040,49,22 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.

AB1040,49,23 2. A violation of sub. (1) (d) or (e).

AB1040,50,5 (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.

AB1040,50,10 (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).

AB1040,50,12 (d) A member of a treatment team who fails to comply with sub. (1) (e) is subject to a forfeiture of $25.

AB1040,50,18 (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:

AB1040,50,20 961.38 (title) Prescriptions and recommendations for medical use.

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

AB1040,50,24 961.38 (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:

AB1040,51,3 961.385 (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:

AB1040,51,6 961.385 (1) (af) (intro.) “Dispense" means to deliver do any of the following:

AB1040,51,9 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:

AB1040,51,12 961.385 (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:

AB1040,51,15 961.385 (1) (aj) (intro.) “Patient" means an any of the following:

AB1040,51,17 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:

AB1040,51,19 961.385 (1) (aj) 2. A registered patient.

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

AB1040,51,23 961.385 (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: