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,,318318961.38 (title) Prescriptions and recommendations for medical use.

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,,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:

AB1040,,3253251. Deliver a monitored prescription drug pursuant to the lawful prescription order of a practitioner, including the compounding, packaging, or labeling necessary to prepare the monitored prescription drug for delivery.

AB1040,,327327961.385 (1) (af) 2. Deliver a medical cannabis product to a registered patient or caregiver under s. 259.10.

AB1040,56328Section 56. 961.385 (1) (aj) of the statutes is renumbered 961.385 (1) (aj) (intro.) and amended to read:

AB1040,,329329961.385 (1) (aj) (intro.) “Patient” means an any of the following:

AB1040,,3303301. An individual or animal for whom a monitored prescription drug is prescribed or to whom a monitored prescription drug is dispensed or administered.