AB1040,52
21Section 52
. 961.38 (1p) of the statutes is created to read:
AB1040,50,2422
961.38
(1p) A dispensary operating pursuant to s. 259.10 may dispense
23medical cannabis products, as defined in s. 94.57 (1) (f), to registered patients and
24caregivers in accordance with s. 259.10.
AB1040,53
25Section
53. 961.385 (1) (ae) of the statutes is amended to read:
AB1040,51,3
1961.385
(1) (ae) “Deliver" or “delivery" means the actual, constructive, or
2attempted transfer of a monitored prescription drug
or a medical cannabis product 3from one person to another.
AB1040,54
4Section
54. 961.385 (1) (af) of the statutes is renumbered 961.385 (1) (af)
5(intro.) and amended to read:
AB1040,51,66
961.385
(1) (af) (intro.) “Dispense" means to
deliver do any of the following:
AB1040,51,9
71. Deliver a monitored prescription drug pursuant to the lawful prescription
8order of a practitioner, including the compounding, packaging, or labeling necessary
9to prepare the monitored prescription drug for delivery.
AB1040,55
10Section
55. 961.385 (1) (af) 2. of the statutes is created to read:
AB1040,51,1211
961.385
(1) (af) 2. Deliver a medical cannabis product to a registered patient
12or caregiver under s. 259.10.
AB1040,56
13Section 56
. 961.385 (1) (aj) of the statutes is renumbered 961.385 (1) (aj)
14(intro.) and amended to read:
AB1040,51,1515
961.385
(1) (aj) (intro.) “Patient" means
an any of the following:
AB1040,51,17
161. An individual or animal for whom a monitored prescription drug is
17prescribed or to whom a monitored prescription drug is dispensed or administered.
AB1040,57
18Section
57. 961.385 (1) (aj) 2. of the statutes is created to read:
AB1040,51,1919
961.385
(1) (aj) 2. A registered patient.
AB1040,58
20Section 58
. 961.385 (2) (intro.) of the statutes is amended to read:
AB1040,51,2321
961.385
(2) (intro.) The board shall establish by rule a program for monitoring
22the dispensing of monitored prescription drugs
and the dispensing of medical
23cannabis products. The program shall do all of the following:
AB1040,59
24Section 59
. 961.385 (2) (am) of the statutes is created to read:
AB1040,52,3
1961.385
(2) (am) Require an individual designated under s. 259.10 (5) (d) to
2generate a record documenting each dispensing of a medical cannabis product to a
3registered patient or caregiver under s. 259.10.
AB1040,60
4Section 60
. 961.385 (2) (b) of the statutes is amended to read:
AB1040,52,75
961.385
(2) (b) Identify specific data elements to be contained in a record
6documenting the dispensing of a monitored prescription drug, including the method
7of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).
AB1040,52,11
8(bm) In identifying specific data elements
, the board shall under pars. (b) and
9(bc), consider data elements identified by similar programs in other states and
shall 10ensure, to the extent possible, that records generated by the program are easily
11shared with other states.
AB1040,61
12Section 61
. 961.385 (2) (bc) of the statutes is created to read:
AB1040,52,1413
961.385
(2) (bc) Identify specific data elements to be contained in a record
14documenting the dispensing of a medical cannabis product under s. 259.10.
AB1040,62
15Section 62
. 961.385 (2) (cm) 3. a. of the statutes is amended to read:
AB1040,52,2116
961.385
(2) (cm) 3. a. The state board or agency, agency of another state, law
17enforcement agency, or prosecutorial unit makes a written request for the record and
18is engaged in an active and specific investigation or prosecution of a violation of any
19state or federal law involving a monitored prescription drug
or any state or federal
20law involving marijuana, and the record being requested is reasonably related to
21that investigation or prosecution.
AB1040,63
22Section
63. 961.385 (2) (ct) of the statutes is created to read:
AB1040,52,2523
961.385
(2) (ct) Require that a patient's records under the program be reviewed
24before a medical cannabis product is dispensed under s. 259.10. The review required
25under this paragraph shall be performed by a pharmacist described in s. 259.10.
AB1040,64
1Section
64. 961.385 (2) (f) of the statutes is amended to read:
AB1040,53,72
961.385
(2) (f) Permit the board to refer to the appropriate licensing or
3regulatory board for discipline a pharmacist, pharmacy, or practitioner
, or to the
4office of medical cannabis regulation or the department of health services an
5individual for purposes of enforcement of ch. 259, that fails to comply with rules
6promulgated under this subsection, including by failure to generate a record that is
7required by the program.
AB1040,65
8Section
65. 961.385 (3) (b) of the statutes is amended to read:
AB1040,53,129
961.385
(3) (b) Nothing in this section may be construed to require a pharmacy
10or pharmacist to obtain, before dispensing a monitored prescription drug
or medical
11cannabis product to a patient, information about the patient that has been collected
12pursuant to the program established under sub. (2).
AB1040,66
13Section
66. 961.385 (5) (a) 2. of the statutes is amended to read:
AB1040,53,1714
961.385
(5) (a) 2. The program's impact on referrals of pharmacists,
15pharmacies, and practitioners to licensing or regulatory boards
, or to the office of
16medical cannabis regulation or the department for discipline
, for enforcement of ch.
17259, and to law enforcement agencies for investigation and possible prosecution.
AB1040,67
18Section
67. 961.385 (6) (b) of the statutes is amended to read:
AB1040,53,2019
961.385
(6) (b) An assessment of the trends and changes in the use of monitored
20prescription drugs
and medical cannabis products in this state.
AB1040,68
21Section 68
. 961.55 (8) (c) of the statutes is created to read:
AB1040,53,2222
961.55
(8) (c) A license described in s. 961.01 (12q).
AB1040,69
23Section
69. 961.571 (1) (b) 4. of the statutes is created to read:
AB1040,53,2524
961.571
(1) (b) 4. Objects used, designed for use, or primarily intended for use
25by a registered patient in accordance with ch. 259.
AB1040,70
1Section
70
.
Nonstatutory provisions.
AB1040,54,42
(1)
Initial appointment. The governor shall appoint a director to the office of
3medical cannabis regulation under s. 15.194 (2) within 90 days following the effective
4date of this subsection.
AB1040,54,55
(2)
Initial fees.
AB1040,54,86
(a) Beginning on the effective date of this paragraph until the department of
7agriculture, trade and consumer protection determines the annual fee for grower
8licenses under s. 94.57 (4) (a) 2. and (c), the annual fee for a grower license is $10,000.
AB1040,54,129
(b) Beginning on the effective date of this paragraph until the department of
10agriculture, trade and consumer protection determines the annual fee for processor
11licenses under s. 94.57 (5) (b) 3. and (d), the annual fee for processor licenses is
12$50,000.
AB1040,54,1613
(c) Beginning on the effective date of this paragraph until the department of
14agriculture, trade and consumer protection determines the annual fee for laboratory
15licenses under s. 94.57 (6) (b) 3. and (d), the annual fee for laboratory licences is
16$5,000.
AB1040,54,1918
(1)
This act takes effect on the first day of the 7th month beginning after
19publication.