SB683,13,24 23(5) Employees. A licensee may not employ a person unless all of the following
24requirements are met:
SB683,13,2525 (a) The person is at least 21 years of age.
SB683,14,7
1(b) Notwithstanding ss. 111.321, 111.322, and 111.335, the person has never
2been convicted of a criminal violation of the federal Controlled Substances Act under
321 USC 801 to 971, the Uniform Controlled Substances Act under ch. 961, or any
4controlled substances law of another state, based on a criminal history search
5obtained from the records maintained by the department of justice. The department
6of justice shall provide information to the commission necessary to determine
7whether this requirement is met.
SB683,14,108 (c) If the person is employed at a dispensary, the person has completed the
9training required for dispensary employees, which the commission shall establish by
10rule.
SB683,14,17 11(6) Location. Except as provided by rules promulgated under this section, no
12licensee may operate within 300 feet of the premises of a school or child care center.
13If a licensee's operation relocates to within 300 feet of the premises of a school or child
14care center, the commission shall immediately revoke the licensee's license. The
15commission shall establish, by rule, whether a licensee may remain in operation or
16must relocate if the premises of a school or child care center locates within 300 feet
17of the licensee's operation.
SB683,14,22 18(7) Producers. (a) A licensed producer may plant, grow, cultivate, and harvest
19marijuana; transfer or sell the marijuana to a licensed processor; and engage in any
20related activities that are necessary for the operation, such as possessing and storing
21the marijuana. A licensed producer may transport marijuana from the producer's
22facility only if the producer has a valid transporters license under sub. (11).
SB683,14,2423 (b) A licensed producer may not plant, grow, cultivate, or harvest marijuana
24for personal, family, or household use.
SB683,14,2525 (c) A licensed producer may operate only within an enclosed, locked facility.
SB683,15,1
1(d) 1. The commission may issue the following license to producers:
SB683,15,32 a. A Class A license, which allows the producer to annually plant, grow,
3cultivate, or harvest no more than 200 marijuana plants.
SB683,15,54 b. A Class B license, which allows the producer to annually plant, grow,
5cultivate, or harvest no more than 500 marijuana plants.
SB683,15,76 c. A Class C license, which allows the producer to annually plant, grow,
7cultivate, or harvest an unlimited number of marijuana plants.
SB683,15,98 2. The commission may issue no more than 50 Class A licenses, 20 Class B
9licenses, and 5 Class C licenses.
SB683,15,1310 (e) As part of the application process, the commission shall require an applicant
11to provide the global positioning system coordinates of the single, contiguous
12property identified on the license application on which the marijuana will be planted,
13grown, cultivated, and harvested.
SB683,15,20 14(8) Processors. (a) A licensed processor may obtain marijuana in this state
15from a licensed producer; process the marijuana into medical marijuana; transfer
16samples of the medical marijuana to a licensed laboratory by using a licensed
17transporter; package and label the medical marijuana; transfer or sell the medical
18marijuana to a licensed dispensary; and engage in any related activities that are
19necessary for the operation, such as possessing and storing the marijuana or medical
20marijuana.
SB683,15,2221 (b) Before transferring medical marijuana to a licensed dispensary, a licensed
22processor shall do all of the following:
SB683,16,323 1. Provide samples of each type of medical marijuana that it processes to a
24licensed laboratory and receive certified test results of those samples showing the
25tetrahydrocannabinol content of the medical marijuana and showing that the

1medical marijuana does not contain unsafe levels of any molds, pesticides, heavy
2metals, or any other contaminant for which the commission requires, by rule, the
3medical marijuana to be tested.
SB683,16,54 2. Package the medical marijuana in child-resistant packaging. The
5commission may establish, by rule, additional packaging requirements.
SB683,16,106 3. Attach a label to the packaging that identifies the weight, in ounces, of
7marijuana contained in the package; the tetrahydrocannabinol content of the
8medical marijuana; and any other information required to be included by the
9commission by rule. The commission shall promulgate rules specifying marijuana
10weight equivalencies for different types of medical marijuana.
SB683,16,1111 (c) A licensed processor may operate only within an enclosed, locked facility.
SB683,16,16 12(9) Dispensaries. (a) A licensed dispensary may obtain packaged, labelled
13medical marijuana from a licensed processor; dispense the medical marijuana
14according to the provisions of this section; and engage in any related activities that
15are necessary for the operation, such as possessing and storing the medical
16marijuana.
SB683,16,2017 (b) A licensed dispensary may dispense medical marijuana only to a person who
18presents a valid registry identification card issued under s. 73.18 (3) and a valid
19written hard copy or electronic recommendation under s. 73.18 (2), and only in
20accordance with the recommendation presented.
SB683,16,2221 (c) Before dispensing medical marijuana, a licensed dispensary shall do all of
22the following:
SB683,16,2323 1. Verify that the registry identification card presented is valid and unexpired.
SB683,16,2524 2. Verify that the person receiving the medical marijuana is the person
25identified on the registry identification card.
SB683,17,6
13. Attach a label to the packaging that identifies the name and address of the
2dispensary; the date on which the medical marijuana is dispensed; the name of the
3practitioner who recommended the use of medical marijuana; the name of the
4patient; the name of the caregiver if the medical marijuana is dispensed to a
5caregiver; and any other information required to be included by the commission by
6rule.
SB683,17,117 (d) No more than 10 licensed dispensaries may operate in a county with a
8population exceeding 500,000; no more than 5 licensed dispensaries may operate in
9a county with a population that is less than 500,000, but at least 100,000; and no
10more than 3 licensed dispensaries my operate in a county with a population less than
11100,000.
SB683,17,16 12(10) Laboratories. (a) A licensed laboratory may obtain samples of medical
13marijuana from a licensed processor; test and certify the tetrahydrocannabinol
14content of the medical marijuana and whether the medical marijuana contains any
15contaminants; and engage in any related activities that are necessary for the
16operation, such as possessing and storing the medical marijuana.
SB683,17,1917 (b) If any part of a sample remains after testing and certifying the
18tetrahydrocannabinol content of the sample, the licensed laboratory shall destroy
19the sample or return the sample to the licensed processor.
SB683,17,2020 (c) A licensed laboratory may operate only within an enclosed, locked facility.
SB683,18,3 21(11) Transporters. Marijuana or medical marijuana may be transported on
22public roads only by a licensed transporter and only to other licensees. A transporter
23shall designate a crew of at least 2 individuals to transport any shipment of
24marijuana or medical marijuana and at least one individual shall remain with the
25transportation vehicle at all times. A transporter shall keep accurate and complete

1records, as prescribed by the commission, including route plans and manifests, and
2shall provide such records to the commission at the time and in the manner
3prescribed by the commission and to law enforcement upon request.
SB683,18,9 4(12) Statewide tracking system. (a) The commission shall establish and
5maintain a statewide tracking system to ensure compliance with this section and s.
673.18 and subch. IV of ch. 139, to track marijuana and medical marijuana from
7cultivation to consumption by qualifying patients, as defined in s. 73.18 (1) (j), to
8enable product recalls, and to ensure efficient revenue collection. The commission
9shall use the tracking system to do all of the following:
SB683,18,1110 1. Track inventory throughout the product life of marijuana and medical
11marijuana, including the monitoring of seed-to-sale transfers.
SB683,18,1412 2. Verify that a registry identification card issued under s. 73.18 (3) is current
13and valid and has not been suspended, revoked, or denied, and record other
14information concerning such cards.
SB683,18,1715 3. Record the date, time, quantity, and price of each sale or transfer of
16marijuana or medical marijuana to a qualified patient, as defined in s. 73.18 (1) (j),
17or primary caregiver, as defined in s. 73.18 (1) (h).
SB683,18,1918 4. Ensure that a specific sale or transaction does not exceed permissible
19quantity limits.
SB683,18,2020 5. Receive and integrate 3rd-party inventory control and tracking systems.
SB683,18,2321 6. Record any other information, as determined by the commission, that is
22applicable to licensees, qualifying patients, as defined in s. 73.18 (1) (j), and primary
23caregivers, as defined in s. 73.18 (1) (h).
SB683,19,3
1(b) All persons issued a license under this section shall comply with the
2commission's requirements, as prescribed by the commission by rule, for
3maintaining the statewide tracking system under this subsection.
SB683,19,7 4(13) Confidentiality. (a) The commission shall ensure that any of the
5following information that is in the commission's possession is confidential and not
6open to public inspection or copying under s. 19.35 (1), except that it shall be made
7available to a law enforcement agency or law enforcement officer:
SB683,19,98 1. Information relating to the locations of marijuana production and processing
9operations.
SB683,19,1110 2. Personally identifiable information relating to a person who is lawfully
11engaging in activities related to marijuana.
SB683,19,1412 3. Information obtained about an individual as a result of any criminal history
13search performed in relation to authorizing the individual to engage in activities
14related to marijuana.
SB683,19,1615 4. Any other information about activities related to marijuana that could create
16a security risk if disclosed.
SB683,19,1917 (b) A licensed dispensary shall ensure that any information that is in the
18dispensary's possession relating to a patient or caregiver is confidential, except that
19it shall be made available to a law enforcement agency or law enforcement officer.
SB683,19,22 20(14) Inspections. The commission may inspect, without prior notice, the
21premises of an applicant or licensee and any records required to be retained by a
22licensee.
SB683,19,24 23(15) False information on an application. No person may intentionally submit
24false information in any application submitted under this section.
SB683,20,5
1(16) Penalties and disciplinary actions. (a) A person who violates any
2provision of this section, or an order issued or rule promulgated under this section,
3may be required to forfeit not less than $200 nor more than $5,000 or, for an offense
4committed within 5 years of an offense for which a penalty has been assessed under
5this section, may be required to forfeit not less than $400 nor more than $10,000.
SB683,20,96 (b) In addition to or in lieu of any other penalty or disciplinary action allowed
7under state law or under rules promulgated by the commission, the commission may,
8for any reason specified by the commission by rule, suspend, with or without prior
9hearing, revoke, refuse to issue, or refuse to renew a license issued under this section.
SB683,20,13 10(17) Appeal. Any person aggrieved by any order or determination issued by
11the commission under this section or s. 78.18 may appeal the order as a contested
12case under ch. 227 by filing with the commission a request for a hearing within 30
13days after the date of the order or determination.
SB683,20,19 14(18) Rules. No later than 90 days after the creation of the commission, as
15provided under s. 15.435 (2) (a), the commission shall promulgate rules necessary to
16administer and enforce this section. When promulgating rules under this
17subsection, the commission shall consider standards and procedures that have been
18found to be best practices relating to the use and regulation of marijuana and medical
19marijuana.
SB683,20,21 20(19) Medical marijuana fund. The commission shall deposit all fees and
21penalties collected under this section into the medical marijuana fund.
SB683,11 22Section 11 . 73.18 of the statutes is created to read:
SB683,20,23 2373.18 Medical marijuana; dispensaries. (1) Definitions. In this section:
SB683,20,2524 (a) “Applicant” means a person who is applying for a registry identification card
25under sub. (3).
SB683,21,2
1(b) “Certified advanced practice nurse prescriber" means a nurse who is
2certified under s. 441.16 (2).
SB683,21,33 (c) “Commission”means the medical marijuana regulatory commission.
SB683,21,44 (d) “Marijuana” has the meaning given in s. 961.01 (14).
SB683,21,85 (e) “Medical marijuana” means marijuana that has been processed for human
6consumption in the form of a liquid, oil, pill, or tincture or in a form that is applied
7topically and that is used or is intended for use by a qualifying patient to alleviate
8the symptoms of a qualifying medical condition.
SB683,21,99 (f) “Physician” has the meaning given in s. 448.01 (5).
SB683,21,1010 (g) “Physician assistant” has the meaning given in s. 448.01 (6).
SB683,21,1311 (h) “Primary caregiver” means a person who is at least 21 years of age and who
12has agreed to help a qualifying patient in his or her use or acquisition of medical
13marijuana.
SB683,21,1414 (i) “Qualifying medical condition” means any of the following:
SB683,21,1515 1. Amyotrophic lateral sclerosis.
SB683,21,1616 2. Cancer.
SB683,21,1717 3. Crohn's disease.
SB683,21,1818 4. Glaucoma.
SB683,21,1919 5. HIV/AIDS.
SB683,21,2020 6. Multiple sclerosis.
SB683,21,2121 7. Post-traumatic stress disorder.
SB683,21,2222 8. Seizure disorders.
SB683,21,2523 9. Any other medical condition designated as a qualifying medical condition in
24rules promulgated by the commission, in consultation with the medical examining
25board, and only with the approval of all members of the commission.
SB683,22,1
1(j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
SB683,22,32 (k) “Registrant” means a person to whom a registry identification card is issued
3under sub. (3).
SB683,22,54 (L) “Registry identification card” means a document issued by the commission
5under sub. (3) that identifies a person as a qualifying patient or primary caregiver.
SB683,22,9 6(2) Recommendations; requirements and limitations. (a) A physician,
7physician assistant, or certified advanced practice nurse prescriber who is certified
8under sub. (3) (c) 2. may recommend the use of medical marijuana to treat a patient
9if all of the following apply:
SB683,22,1310 1. The patient has been diagnosed with a qualifying medical condition and the
11physician, physician assistant, or certified advanced practice nurse prescriber
12advises the use of medical marijuana to treat that condition or the symptoms of that
13condition.
SB683,22,1614 2. A health care provider-patient relationship has been established between
15the physician, physician assistant, or certified advanced practice nurse prescriber
16and the patient through all of the following:
SB683,22,1817 a. An in-person physical examination of the patient by the physician, physician
18assistant, or certified advanced practice nurse prescriber.
SB683,22,2019 b. A review of the patient's medical history by the physician, physician
20assistant, or certified advanced practice nurse prescriber.
SB683,22,2421 c. An expectation of the physician, physician assistant, or certified advanced
22practice nurse prescriber providing care, and the patient receiving care from the
23physician, physician assistant, or certified advanced practice nurse prescriber, on an
24ongoing basis.
SB683,23,3
13. If the patient is a minor, the physician, physician assistant, or certified
2advanced practice nurse prescriber has obtained the consent of the patient's parent,
3guardian, or legal custodian.
SB683,23,94 (b) The physician, physician assistant, or certified advanced practice nurse
5prescriber may not recommend the use of medical marijuana under this subsection
6for himself or herself or to any member of his or her immediate family or household.
7The physician, physician assistant, or certified advanced practice nurse prescriber
8may not have any financial interest in a medical marijuana producer, processor, or
9dispensary.
SB683,23,1510 (c) When recommending the use of medical marijuana, a physician, physician
11assistant, or certified advanced practice nurse prescriber shall include on the
12recommendation the patient's name and the name of the recommending physician,
13physician assistant, or certified advanced practice nurse prescriber and a
14recommended usage and shall specify any other information required in rules
15promulgated by the commission, in consultation with the medical examining board.
SB683,23,19 16(3) Application; registry; identification card. (a) An applicant who is a
17qualifying patient may apply for a registry identification card by submitting to the
18commission a signed application form containing or accompanied by all of the
19following:
SB683,23,2020 1. His or her name, address, and date of birth.
SB683,23,2221 2. A written recommendation provided under sub. (2) that is no more than 30
22days old as of the date the application is filed.
SB683,23,2523 3. The name, address, and telephone number of the physician, physician
24assistant, or certified advanced practice nurse prescriber who provided the
25recommendation included with the application.
SB683,24,1
14. A registration fee in an amount determined by the commission.
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