SB1034: Bill Text

SB1034,33,2 (5) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax when due and, if paid under protest, may at any time within 90 days from the date of payment sue the state to recover the tax paid. If it is finally determined that any part of the tax was wrongfully collected, the secretary of administration shall pay the amount wrongfully collected out of the medical marijuana fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made.

SB1034,33,8 (6) (a) Any person may be compelled to testify in regard to any violation of this subchapter of which the person may have knowledge, even though such testimony may tend to incriminate the person, upon being granted immunity from prosecution in connection with such testimony. Upon the giving of the testimony under this paragraph, the person shall not be prosecuted because of the violation relative to which the person has testified.

SB1034,33,10 (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085.

SB1034,33,12 (7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed under this subchapter.

SB1034,33,18 (8) Sections 71.74 (1), (2), (10), (11), and (14), 71.77, 71.91 (1) (a) and (c) and (2) to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes under ch. 71 applies to the collection of the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.

SB1034,33,22 (9) Any building or place of any kind where marijuana or medical marijuana is sold, possessed, stored, or manufactured without a valid license under s. 73.17 or in violation of s. 139.972 is declared a public nuisance and may be closed and abated as such.

SB1034,33,25 (10) At the request of the commission chairperson or the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this subchapter.

SB1034,34,8 139.974 Theft of tax moneys. All medical marijuana tax moneys received by a producer or processor for the sale of marijuana or medical marijuana on which the tax under this subchapter has become due and has not been paid are trust funds in the possession of the producer or processor and are the property of this state. Any producer or processor who fraudulently withholds, appropriates, or otherwise uses medical marijuana tax moneys that are the property of this state is guilty of theft under s. 943.20 (1), whether or not the producer or processor has or claims to have an interest in those moneys.

SB1034,34,15 139.975 Seizure and confiscation. (1) All marijuana and medical marijuana produced, processed, made, kept, stored, sold, distributed, or transported in violation of this subchapter or s. 73.17 or 73.18 and all tangible personal property used in connection with the marijuana or medical marijuana is unlawful property and subject to seizure by the commission or a law enforcement officer. Except as provided in sub. (2), all marijuana and medical marijuana seized under this subsection shall be destroyed.

SB1034,34,24 (2) If marijuana or medical marijuana on which the tax has not been paid is seized as provided under sub. (1), it may be given to law enforcement officers to use in criminal investigations or sold to qualified buyers by the commission without notice. If the marijuana or medical marijuana is sold, after deducting the costs of selling and storing the property, the commission shall pay the sale proceeds into the medical marijuana fund. If the commission finds that the marijuana or medical marijuana may deteriorate or become unfit for use in criminal investigations or for sale, or that those uses would otherwise be impractical, the commission may order them destroyed.

SB1034,35,7 (3) If marijuana or medical marijuana on which the tax has been paid is seized as provided under sub. (1), it shall be returned to the true owner if ownership can be ascertained and the owner or the owner's agent is not involved in the violation resulting in the seizure. If the ownership cannot be ascertained or if the owner or the owner's agent was guilty of the violation that resulted in the seizure of the marijuana or medical marijuana, it may be sold or otherwise disposed of as provided in sub. (2).

SB1034,36,3 (4) If tangible personal property other than marijuana or medical marijuana is seized as provided under sub. (1), the commission shall advertise the tangible personal property for sale by publication of a class 2 notice under ch. 985. If no person claiming a lien on, or ownership of, the property has notified the commission of the person's claim within 10 days after last insertion of the notice, the commission shall sell the property. If a sale is not practical, the commission may destroy the property. If a person claiming a lien on, or ownership of, the property notifies the commission within the time prescribed in this subsection, the commission may apply to the circuit court in the county where the property was seized for an order directing disposition of the property or the proceeds from the sale of the property. If the court orders the property to be sold, all liens, if any, may be transferred from the property to the sale proceeds. Neither the property seized nor the proceeds from the sale shall be turned over to any claimant of lien or ownership unless the claimant first establishes that the property was not used in connection with any violation under this subchapter or s. 73.17 or 73.18 or that, if so used, it was done without the claimant's knowledge or consent and without the claimant's knowledge of facts that should have given the claimant reason to believe it would be put to such use. If no claim of lien or ownership is established as provided under this subsection, the property may be ordered destroyed. In case of a sale, the net proceeds after deducting costs, expenses, and established claims shall be paid into the medical marijuana fund.

SB1034,36,8 139.976 Interest and penalties. (1) Any person who makes or signs any false or fraudulent report under this subchapter, who attempts to evade the tax imposed under this subchapter, or who aids in or abets the evasion or attempted evasion of that tax may be fined not more than $10,000 or imprisoned not more than 9 months or both.

SB1034,36,11 (2) Any producer or processor who fails to keep the records required under this subchapter shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both.

SB1034,36,16 (3) Any person who refuses to permit the examination or inspection authorized under s. 139.973 (3) may be fined not more than $500 or imprisoned not more than 6 months or both. The commission shall immediately suspend or revoke the license of any person who refuses to permit the examination or inspection authorized under s. 139.973 (3).

SB1034,36,19 (4) Any person who violates any of the provisions of this subchapter for which no other penalty is prescribed shall be fined not less than $100 nor more than $1,000 or imprisoned not less than 10 days nor more than 90 days or both.

SB1034,36,22 (5) Any person who violates any of the rules promulgated in accordance with this subchapter shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both.

SB1034,37,2 (6) In addition to the penalties imposed for violating the provisions of this subchapter or any of the commission's rules, the commission shall automatically revoke the license of any person convicted of such a violation and not issue another license to that person for a period of 2 years following the revocation.

SB1034,37,7 (7) Unpaid taxes under this subchapter bear interest at the rate of 12 percent per year from the due date of the return until paid or deposited with the commission, and all refunded taxes under this subchapter bear interest at the rate of 3 percent per year from the due date of the return to the date on which the refund is certified on the refund rolls.

SB1034,37,9 (8) All nondelinquent payments of additional amounts owed under this subchapter shall be applied in the following order: penalties, interest, tax principal.

SB1034,37,12 (9) Delinquent medical marijuana taxes bear interest at the rate of 1.5 percent per month until paid. The taxes imposed by this subchapter shall become delinquent if not paid by the following:

SB1034,37,14 (a) In the case of a timely filed return, no return filed, or a late return, on or before the due date of the return.

SB1034,37,16 (b) In the case of a deficiency determination of taxes, within 2 months after the date of demand.

SB1034,37,20 (10) If due to neglect an incorrect return is filed under this subchapter, the entire tax finally determined is subject to a penalty of 25 percent of the tax exclusive of interest or other penalty. A person filing an incorrect return has the burden of proving that the error or errors were due to good cause and not due to neglect.

SB1034,21 Section 21 . 182.001 (3) of the statutes is amended to read:

SB1034,38,2 182.001 (3) Prohibited activities. Those farming operations prohibited under this section are the production of dairy products not including the processing of such dairy products; the production of cattle, hogs, and sheep; and the production of wheat, field corn, barley, oats, rye, hay, pasture, soybeans, millet, sorghum, and hemp, and marijuana and medical marijuana as provided under ss. 73.17 and 73.18.

SB1034,22 Section 22 . 440.035 (2m) (a) of the statutes is renumbered 440.035 (2m) (a) (intro.) and amended to read:

SB1034,38,5 440.035 (2m) (a) (intro.) In this subsection, “ controlled:

SB1034,38,6 1. “Controlled substance" has the meaning given in s. 961.01 (4).

SB1034,23 Section 23 . 440.035 (2m) (a) 2. of the statutes is created to read:

SB1034,38,9 440.035 (2m) (a) 2. “Medical marijuana” has the meaning given in s. 73.18 (1) (e).

SB1034,24 Section 24 . 440.035 (2m) (b) of the statutes is renumbered 440.035 (2m) (b) 1.

SB1034,25 Section 25 . 440.035 (2m) (b) 2. of the statutes is created to read:

SB1034,38,16 440.035 (2m) (b) 2. The medical examining board and the board of nursing may issue guidelines regarding best practices in making recommendations for the use of medical marijuana under s. 73.18 (2) for persons credentialed by that board who are authorized to recommend the use of medical marijuana.

SB1034,26 Section 26 . 441.07 (1g) (d) 3. of the statutes is created to read:

SB1034,38,19 441.07 (1g) (d) 3. Recommending the use of medical marijuana to treat a patient in accordance with s. 73.18 (2).

SB1034,27 Section 27 . 441.20 of the statutes is created to read:

SB1034,38,22 441.20 Recommendations for use of medical marijuana. (1) In this section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).

SB1034,39,2 (2) A certified advanced practice nurse prescriber who, acting in good faith, recommends the use of medical marijuana to treat a patient in accordance with s. 73.18 (2) shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 441.07 for any outcomes resulting from that recommendation.

SB1034,28 Section 28 . 448.015 (4) (bm) 3. of the statutes is created to read:

SB1034,39,5 448.015 (4) (bm) 3. Recommending the use of medical marijuana, as defined in s. 73.18 (1) (e), to treat a patient in accordance with s. 73.18 (2).

SB1034,29 Section 29 . 448.039 of the statutes is created to read:

SB1034,39,8 448.039 Recommendations for use of medical marijuana. (1) In this section, “medical marijuana” has the meaning given in s. 73.18 (1) (e).

SB1034,39,12 (2) A physician or physician assistant who, acting in good faith, recommends the use of medical marijuana to treat a patient in accordance with s. 73.18 (2) shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 448.02 for any outcomes resulting from that recommendation.

SB1034,30 Section 30 . 450.03 (1) (em) of the statutes is created to read:

SB1034,39,15 450.03 (1) (em) Any person acting within the scope of a valid medical marijuana producer, processor, or dispensary license under s. 73.17.

SB1034,31 Section 31 . 450.07 (1m) of the statutes is renumbered 450.07 (1m) (a).

SB1034,32 Section 32 . 450.07 (1m) (b) of the statutes is created to read:

SB1034,39,20 450.07 (1m) (b) No license under this section is required for a person acting within the scope of a valid medical marijuana producer, processor, or dispensary license under s. 73.17.

SB1034,33 Section 33 . 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and amended to read:

SB1034,39,25 450.071 (1) (a) No Except as provided in par. (b), no person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs.

SB1034,40,5 (b) 1. The board shall exempt from the licensure requirement under this section a manufacturer that distributes prescription drugs or devices manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.

SB1034,34 Section 34 . 450.071 (1) (b) 2. of the statutes is created to read:

SB1034,40,9 450.071 (1) (b) 2. No license under this section is required for a person acting within the scope of a valid medical marijuana producer, processor, or dispensary license under s. 73.17.

SB1034,35 Section 35 . 961.01 (12q) of the statutes is created to read:

SB1034,40,12 961.01 (12q) “Licensed entity” means a producer, processor, dispensary, transporter, or laboratory licensed under s. 73.17.

SB1034,36 Section 36 . 961.01 (14g) of the statutes is created to read:

SB1034,40,14 961.01 (14g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).

SB1034,37 Section 37 . 961.01 (19m) of the statutes is created to read:

SB1034,40,18 961.01 (19m) “Primary caregiver" means a person who is registered under s. 73.18 to help a qualifying patient in his or her use or acquisition of medical marijuana.

SB1034,38 Section 38 . 961.01 (20hm) of the statutes is created to read:

SB1034,40,22 961.01 (20hm) “Qualifying patient" means a person who holds a recommendation and registry identification card for the use of medical marijuana under s. 73.18.

SB1034,39 Section 39 . 961.01 (20ht) of the statutes is created to read:

SB1034,40,25 961.01 (20ht) “Registry identification card" has the meaning given in s. 73.18 (1) (L).

SB1034,40 Section 40. 961.01 (20t) of the statutes is created to read:

SB1034,41,3 961.01 (20t) “Treatment team" means a qualifying patient and his or her primary caregivers.

SB1034,41 Section 41 . 961.33 of the statutes is created to read:

SB1034,41,9 961.33 Medical marijuana. (1) Possession, distribution, and delivery by treatment team; authorization. A member of a qualifying patient's treatment team may possess medical marijuana or distribute, deliver, or possess with intent to distribute medical marijuana to another member of the same qualifying patient's treatment team if all of the following apply:

SB1034,41,12 (a) The possession, distribution, or delivery of medical marijuana is done to facilitate a qualifying patient's use of medical marijuana in accordance with his or her recommendation under s. 73.18.

SB1034,41,14 (b) The medical marijuana is legally obtained from a person who is authorized to distribute or deliver medical marijuana under the laws of this state.

SB1034,41,16 (c) The amount of medical marijuana does not exceed the amount specified under s. 73.18 (3) (L) for each qualifying patient.

SB1034,41,18 (d) The qualifying patient or primary caregiver has in his or her immediate possession a registry identification card.

SB1034,41,23 (2) Licensed entities; authorized acts. A licensed entity or an agent or employee of a licensed entity may possess, manufacture, distribute, or deliver marijuana or possess with the intent to manufacture, distribute, or deliver marijuana if the licensed entity or agent or employee is acting in the usual course of his or her business or employment.

SB1034,42,4 (3) Prosecution. (a) A person who is acting in accordance with this section and s. 73.17 or 73.18 may not be prosecuted for a criminal offense under this chapter, or under any municipal ordinance that prohibits conduct that is the same as that prohibited under this chapter, for the possession, manufacture, distribution, or delivery of marijuana or possession with the intent to manufacture, distribute, or deliver marijuana.

SB1034,42,13 (b) A licensed entity or an agent or employee of a licensed entity who possesses, manufactures, distributes, or delivers marijuana or possesses with the intent to manufacture, distribute, or deliver marijuana in violation of s. 73.17 or in violation of a rule promulgated under s. 73.17 may not be prosecuted under this chapter unless the person is referred to the district attorney for the county in which the violation occurred by the medical marijuana regulatory commission and may not be prosecuted under a municipal ordinance that prohibits the same conduct as is prohibited under this chapter unless the person is referred to local law enforcement by the medical marijuana regulatory commission.

SB1034,42 Section 42 . 961.38 (title) of the statutes is amended to read:

SB1034,42,15 961.38 (title) Prescriptions and recommendations for medical use.

SB1034,43 Section 43 . 961.38 (1p) of the statutes is created to read:

SB1034,42,19 961.38 (1p) A dispensary licensed under s. 73.17 may dispense medical marijuana to a person with a valid written hard copy or electronic recommendation and a valid registry identification card in accordance with s. 73.18.

SB1034,44 Section 44 . 961.385 (1) (aj) of the statutes is amended to read:

SB1034,42,24 961.385 (1) (aj) “Patient" means an individual or animal for whom a monitored prescription drug is prescribed or, to whom a monitored prescription drug is dispensed or administered, or for whom the use of medical marijuana is recommended under s. 73.18 (2).

SB1034,45 Section 45 . 961.385 (2) (intro.) of the statutes is amended to read:

SB1034,43,4 961.385 (2) (intro.) The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs and the making of recommendations for the use of, and issuance of registry identification cards for, medical marijuana. The program shall do all of the following:

SB1034,46 Section 46 . 961.385 (2) (am) and (an) of the statutes are created to read:

SB1034,43,8 961.385 (2) (am) Require a practitioner to generate a record documenting each recommendation made by the practitioner for the use of medical marijuana under s. 73.18 (2).

SB1034,43,10 (an) Require the medical marijuana regulatory commission to generate a record documenting the issuance of a registry identification card under s. 73.18 (3).

SB1034,47 Section 47 . 961.385 (2) (b) of the statutes is amended to read:

SB1034,43,14 961.385 (2) (b) Identify specific data elements to be contained in a record documenting the dispensing of a monitored prescription drug, including the method of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).

SB1034,43,18 (bm) In identifying specific data elements, the board shall under pars. (b), (bc), and (bd), consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.