AB1040,47296Section 47. 961.01 (14g) of the statutes is created to read:
AB1040,,297297961.01 (14g) “Medical cannabis product” has the meaning given in s. 94.57 (1) (f).
AB1040,48298Section 48. 961.01 (20hm) of the statutes is created to read:
AB1040,,299299961.01 (20hm) “Registered patient” means an individual who holds a valid registry identification card under s. 259.04 to use medical cannabis products.
AB1040,49300Section 49. 961.01 (20t) of the statutes is created to read:
AB1040,,301301961.01 (20t) “Treatment team” means a registered patient and the registered patient’s caregivers if any.
AB1040,50302Section 50. 961.33 of the statutes is created to read:
AB1040,,303303961.33 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,,304304(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,,305305(b) The medical cannabis product is obtained from a dispensary operating pursuant to s. 259.10.
AB1040,,306306(c) The amount of medical cannabis product does not exceed the amount specified under s. 259.10 (5) for each registered patient.
AB1040,,307307(d) The member of the treatment team has in the member’s possession a valid registry identification card issued under s. 259.04.
AB1040,,308308(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,,309309(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,,310310(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,,3113111. 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,,3123122. A violation of sub. (1) (d) or (e).
AB1040,,313313(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,,314314(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,,315315(d) A member of a treatment team who fails to comply with sub. (1) (e) is subject to a forfeiture of $25.
AB1040,,316316(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.
AB1040,51317Section 51. 961.38 (title) of the statutes is amended to read:
AB1040,,318318961.38 (title) Prescriptions and recommendations for medical use.
AB1040,52319Section 52. 961.38 (1p) of the statutes is created to read:
AB1040,,320320961.38 (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.
AB1040,53321Section 53. 961.385 (1) (ae) of the statutes is amended to read:
AB1040,,322322961.385 (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.
AB1040,54323Section 54. 961.385 (1) (af) of the statutes is renumbered 961.385 (1) (af) (intro.) and amended to read:
AB1040,,324324961.385 (1) (af) (intro.) “Dispense” means to deliver do any of the following: