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23(16) Penalties and disciplinary actions. (a) A person who violates any
24provision of this section, or an order issued or rule promulgated under this section,
25may be required to forfeit not less than $200 nor more than $5,000 or, for an offense
1committed within 5 years of an offense for which a penalty has been assessed under
2this section, may be required to forfeit not less than $400 nor more than $10,000.
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(b) In addition to or in lieu of any other penalty or disciplinary action allowed
4under state law or under rules promulgated by the commission, the commission may,
5for any reason specified by the commission by rule, suspend, with or without prior
6hearing, revoke, refuse to issue, or refuse to renew a license issued under this section.
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7(17) Appeal. Any person aggrieved by an order or determination issued by the
8commission under this section or s. 73.18 may appeal the order or determination as
9a contested case under ch. 227 by filing with the commission a request for a hearing
10within 30 days after the date of the order or determination.
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11(18) Rules. No later than 90 days after the creation of the commission, as
12provided under s. 15.435 (2) (a), the commission shall promulgate rules necessary to
13administer and enforce this section. When promulgating rules under this
14subsection, the commission shall consider standards and procedures that have been
15found to be best practices relating to the use and regulation of marijuana and medical
16marijuana.
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17(19) Medical marijuana fund. The commission shall deposit all fees and
18penalties collected under this section into the medical marijuana fund.
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19Section 11
. 73.18 of the statutes is created to read:
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2073.18 Medical marijuana; dispensaries. (1) Definitions. In this section:
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(a) “Applicant” means a person who is applying for a registry identification card
22under sub. (3).
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(b) “Certified advanced practice nurse prescriber" means a nurse who is
24certified under s. 441.16 (2).
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(c) “Commission” means the medical marijuana regulatory commission.
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1(d) “Marijuana” has the meaning given in s. 961.01 (14).
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(e) “Medical marijuana” means marijuana that has been processed for human
3consumption in the form of a liquid, oil, pill, or tincture or in a form that is applied
4topically and that is used or is intended for use by a qualifying patient to alleviate
5the symptoms of a qualifying medical condition.
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(f) “Physician” has the meaning given in s. 448.01 (5).
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(g) “Physician assistant” has the meaning given in s. 448.01 (6).
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(h) “Primary caregiver” means a person who is at least 21 years of age and who
9has agreed to help a qualifying patient in the qualifying patient's use or acquisition
10of medical marijuana.
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(i) “Qualifying medical condition” means any of the following:
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1. Amyotrophic lateral sclerosis.
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2. Cancer.
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3. Crohn's disease.
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4. Glaucoma.
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5. HIV/AIDS.
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6. Multiple sclerosis.
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7. Post-traumatic stress disorder.
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8. Seizure disorders.
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9. Any other medical condition designated as a qualifying medical condition in
21rules promulgated by the commission in consultation with the medical examining
22board and only with the approval of all members of the commission.
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(j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
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(k) “Registrant” means a person to whom a registry identification card is issued
25under sub. (3).
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1(L) “Registry identification card” means a document issued by the commission
2under sub. (3) that identifies a person as a qualifying patient or primary caregiver.
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3(2) Recommendations; requirements and limitations. (a) A physician,
4physician assistant, or certified advanced practice nurse prescriber who is certified
5under par. (d) may recommend the use of medical marijuana to treat a patient if all
6of the following apply: