AB220,27,2 (c) The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols in any form between a qualifying patient and his or her primary caregiver, or the transfer of tetrahydrocannabinols in any form between persons who are primary caregivers for the same qualifying patient if all of the following apply:

AB220,27,5 1. The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under par. (a) or (b).

AB220,27,8 2. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

AB220,27,9 (4m) “Physician” means a person licensed under s. 448.04 (1) (a).

AB220,27,12 (5) “Primary caregiver" means a person who is at least 18 years of age and who has agreed to help a qualifying patient in his or her medical use of tetrahydrocannabinols.

AB220,27,15 (6) “Qualifying patient" means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

AB220,27,18 (a) The person's physician has explained the potential risks and benefits of the medical use of tetrahydrocannabinols to the person and to a parent, guardian, or individual who has legal custody of the person.

AB220,27,20 (b) The parent, guardian, or individual who has legal custody of the person provides the physician a written statement consenting to do all of the following:

AB220,27,21 1. Allow the person's medical use of tetrahydrocannabinols.

AB220,27,22 2. Serve as a primary caregiver for the person.

AB220,27,23 3. Manage the person's medical use of tetrahydrocannabinols.

AB220,27,24 (7) “Registry identification card" has the meaning given in s. 146.44 (1) (h).

AB220,28,2 (8) “Treatment team" means a qualifying patient and his or her primary caregivers.

AB220,28,3 (9) “Usable marijuana" has the meaning given in s. 139.97 (13).

AB220,28,5 (10) “Written certification" means a statement made by a person's physician if all of the following apply:

AB220,28,9 (a) The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of tetrahydrocannabinols under sub. (4) (a) would likely outweigh the health risks for the person.

AB220,28,13 (b) The statement indicates that the opinion described in par. (a) was formed after a full assessment, conducted no more than 6 months prior to making the statement and made in the course of a bona fide physician-patient relationship, of the person's medical history and current medical condition.

AB220,28,15 (c) The statement is signed by the physician or is contained in the person's medical records.

AB220,28,17 (d) The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

AB220,28,19 50.81 Departmental powers and duties. (1) The department shall provide licensing, regulation, record keeping, and security for compassion centers.

AB220,29,2 (2) Notwithstanding s. 227.12 (1), any person may petition the department to promulgate a rule to designate a medical condition or treatment as a debilitating medical condition or treatment. The department shall promulgate rules providing for public notice of and a public hearing regarding any such petition, with the public hearing providing persons an opportunity to comment upon the petition. After the hearing, but no later than 180 days after the submission of the petition, the department shall approve or deny the petition. The department's decision to approve or deny a petition is subject to judicial review under s. 227.52.

AB220,29,5 50.82 Licensing. The department shall issue licenses to a pharmacist or a pharmacy to operate as a compassion center and shall decide which and how many applicants for a license receive a license based on all of the following:

AB220,29,7 (1) The ability of an applicant to provide to treatment teams a sufficient amount of medical marijuana for the medical use of tetrahydrocannabinols.

AB220,29,8 (2) The experience the applicant has running an organization or a business.

AB220,29,10 (3) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

AB220,29,12 (4) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

AB220,29,13 (5) The ability of the applicant to abide by the prohibitions under s. 50.83.

AB220,29,16 50.83 Prohibitions. The department may not issue a license to operate as a compassion center to, and must revoke a license of, any organization to which any of the following applies:

AB220,29,18 (1) The organization is located within 500 feet of a public or private elementary or secondary school, including a charter school.