SB1034,17,11 (d) No more than 10 licensed dispensaries may operate in a county with a population exceeding 500,000; no more than 5 licensed dispensaries may operate in a county with a population that is less than 500,000, but at least 100,000; and no more than 3 licensed dispensaries my operate in a county with a population less than 100,000.

SB1034,17,16 (10) Laboratories. (a) A licensed laboratory may obtain samples of medical marijuana from a licensed processor, test and certify the tetrahydrocannabinol content of the medical marijuana and whether the medical marijuana contains any contaminants, and engage in any related activities that are necessary for the operation, such as possessing and storing the medical marijuana.

SB1034,17,19 (b) If any part of a sample remains after testing and certifying the tetrahydrocannabinol content of the sample, the licensed laboratory shall destroy the sample or return the sample to the licensed processor.

SB1034,17,20 (c) A licensed laboratory may operate only within an enclosed, locked facility.

SB1034,18,3 (11) Transporters. Marijuana or medical marijuana may be transported on public roads only by a licensed transporter and only to other licensees. A transporter shall designate a crew of at least 2 individuals to transport any shipment of marijuana or medical marijuana, and at least one individual shall remain with the transportation vehicle at all times. A transporter shall keep accurate and complete records, as prescribed by the commission, including route plans and manifests, and shall provide such records to the commission at the time and in the manner prescribed by the commission and to law enforcement upon request.

SB1034,18,9 (12) Statewide tracking system. (a) The commission shall establish and maintain a statewide tracking system to ensure compliance with this section and s. 73.18 and subch. IV of ch. 139, to track marijuana and medical marijuana from cultivation to consumption by qualifying patients, to enable product recalls, and to ensure efficient revenue collection. The commission shall use the tracking system to do all of the following:

SB1034,18,11 1. Track inventory throughout the product life of marijuana and medical marijuana, including the monitoring of seed-to-sale transfers.

SB1034,18,14 2. Verify that a registry identification card issued under s. 73.18 (3) is current and valid and has not been suspended, revoked, or denied, and record other information concerning such cards.

SB1034,18,16 3. Record the date, time, quantity, and price of each sale or transfer of marijuana or medical marijuana to a qualifying patient or primary caregiver.

SB1034,18,18 4. Ensure that a specific sale or transaction does not exceed permissible quantity limits.

SB1034,18,19 5. Receive and integrate 3rd-party inventory control and tracking systems.

SB1034,18,21 6. Record any other information, as determined by the commission, that is applicable to licensees, qualifying patients, and primary caregivers.

SB1034,18,24 (b) All persons issued a license under this section shall comply with the commission's requirements, as prescribed by the commission by rule, for maintaining the statewide tracking system under this subsection.

SB1034,19,4 (13) Confidentiality. (a) The commission shall ensure that any of the following information that is in the commission's possession is confidential and not open to public inspection or copying under s. 19.35 (1), except that it shall be made available to a law enforcement agency or law enforcement officer:

SB1034,19,6 1. Information relating to the locations of marijuana production and processing operations.

SB1034,19,8 2. Personally identifiable information relating to a person who is lawfully engaging in activities related to marijuana.

SB1034,19,11 3. Information obtained about an individual as a result of any criminal history search performed in relation to authorizing the individual to engage in activities related to marijuana.

SB1034,19,13 4. Any other information about activities related to marijuana that could create a security risk if disclosed.

SB1034,19,17 (b) A licensed dispensary shall ensure that any information that is in the dispensary's possession relating to a qualifying patient or primary caregiver is confidential, except that it shall be made available to a law enforcement agency or law enforcement officer.

SB1034,19,20 (14) Inspections. The commission may inspect, without prior notice, the premises of an applicant or licensee and any records required to be retained by a licensee.

SB1034,19,22 (15) False information on an application. No person may intentionally submit false information in any application submitted under this section.

SB1034,20,2 (16) Penalties and disciplinary actions. (a) A person who violates any provision of this section, or an order issued or rule promulgated under this section, 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.

SB1034,20,6 (b) In addition to or in lieu of any other penalty or disciplinary action allowed under state law or under rules promulgated by the commission, the commission may, for any reason specified by the commission by rule, suspend, with or without prior hearing, revoke, refuse to issue, or refuse to renew a license issued under this section.

SB1034,20,10 (17) Appeal. Any person aggrieved by an order or determination issued by the commission under this section or s. 73.18 may appeal the order or determination as a contested case under ch. 227 by filing with the commission a request for a hearing within 30 days after the date of the order or determination.

SB1034,20,16 (18) Rules. No later than 90 days after the creation of the commission, as provided under s. 15.435 (2) (a), the commission shall promulgate rules necessary to administer and enforce this section. When promulgating rules under this subsection, the commission shall consider standards and procedures that have been found to be best practices relating to the use and regulation of marijuana and medical marijuana.

SB1034,20,18 (19) Medical marijuana fund. The commission shall deposit all fees and penalties collected under this section into the medical marijuana fund.

SB1034,11 Section 11 . 73.18 of the statutes is created to read:

SB1034,20,20 73.18 Medical marijuana; dispensaries. (1) Definitions. In this section:

SB1034,20,22 (a) “Applicant” means a person who is applying for a registry identification card under sub. (3).