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(am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).
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(b) “Medication with tetrahydrocannabinols" has the meaning given in s.
11961.01 (14g).
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(bm) “Out-of-state registry identification card" has the meaning given in s.
13146.44 (1) (cm).
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(c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).
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(d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).
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(e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).
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(f) “Treatment team" has the meaning given in s. 961.01 (20t).
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(g) “Written certification" has the meaning given in s. 146.44 (1) (h).
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19(2) Limitations on arrests and prosecution; medical cannabis. Unless s.
20961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team
21may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g)
22(e) if all of the following apply:
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(a) The member manufactures, distributes, delivers, or possesses
24tetrahydrocannabinols for medication with tetrahydrocannabinols by the treatment
25team.
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1(b) The member possesses a valid registry identification card, a valid
2out-of-state registry identification card, or a copy of the qualifying patient's written
3certification.
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(c) The quantity of cannabis does not exceed the maximum authorized amount.
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(d) Any live cannabis plants are in a lockable, enclosed facility unless the
6member is accessing the plants or has the plants in his or her possession.
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(e) If the member is a primary caregiver, he or she is not a primary caregiver
8to more than 10 qualifying patients.
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9(3) Limitations on arrests and prosecution; drug paraphernalia for medical
10cannabis. (a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment
11team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the
12following apply:
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1. The member uses, or possesses with the primary intent to use, drug
14paraphernalia only for medication with tetrahydrocannabinols.
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2. The member possesses a valid registry identification card, a valid
16out-of-state registry identification card, or a copy of the qualifying patient's written
17certification.
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3. The member does not possess more than the maximum authorized amount
19of cannabis.
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4. Any live cannabis plants are in a lockable, enclosed facility unless the
21member is accessing the plants or has the plants in his or her possession.
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5. If the member is a primary caregiver, he or she is not a primary caregiver
23to more than 10 qualifying patients.
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1(b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team
2may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all
3of the following apply:
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1. The member delivers, possesses with intent to deliver, or manufactures with
5intent to deliver to another member of his or her treatment team drug paraphernalia,
6knowing that it will be primarily used by the treatment team for medication with
7tetrahydrocannabinols.
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2. The member possesses a valid registry identification card, a valid
9out-of-state registry identification card, or a copy of the qualifying patient's written
10certification.
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3. The member does not possess more than the maximum authorized amount
12of cannabis.
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4. Any live cannabis plants are in a lockable, enclosed facility unless the
14member is accessing the plants or has the plants in his or her possession.
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5. If the member is a primary caregiver, he or she is not a primary caregiver
16to more than 10 qualifying patients.
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17(4) Limitations on arrests, prosecution, and other sanctions. (a) A
18practitioner may not be arrested and a practitioner, hospital, or clinic may not be
19subject to prosecution, denied any right or privilege, or penalized in any manner for
20making or providing a written certification in good faith.
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(b) An employee of a dispensary licensed under s. 94.57, of an entity operating
22under the policies determined under s. 94.57 (2) and rules promulgated under s.
2394.57 (9), or of a testing laboratory registered under s. 94.57 (7) may not be arrested
24and such employee may not be subject to prosecution, denied any right or privilege,
25or penalized in any manner for any good faith action under s. 94.57.
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1(5) Penalty for false statements. Whoever intentionally provides false
2information to a law enforcement officer in an attempt to avoid arrest or prosecution
3under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1),
4961.574 (1), or 961.575 (1) may be fined not more than $500.