AB1040: Bill Text

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).

AB1040,,260 259.20 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,,261 259.25 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,,262 (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,,263 (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,,264 (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,,265 259.30 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,,266 (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,,267 (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,,268 (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,,270 450.01 (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,,272 450.03 (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,,273 (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,,276 450.07 (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,,278 450.071 (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,,279 (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,,281 450.071 (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,,283 450.10 (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,,285 452.14 (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,,287 767.445 Medical cannabis. (1) In this section, “medical cannabis product” has the meaning given in s. 94.57 (1) (f).

AB1040,,288 (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,,291 943.895 (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,,293 961.01 (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,,295 961.01 (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,,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.