AB1040: Bill Text

AB1040,36,2 7. Severe chronic pain.

AB1040,36,3 8. Severe chronic nausea.

AB1040,36,4 9. Severe muscle spasms.

AB1040,36,5 10. Parkinson's disease.

AB1040,36,6 11. Multiple sclerosis.

AB1040,36,7 12. Amyotrophic lateral sclerosis.

AB1040,36,8 13. Chronic motor or vocal tic disorder.

AB1040,36,9 14. Tourette syndrome.

AB1040,36,10 15. Inflammatory bowel disease.

AB1040,36,11 16. Any terminal illness with a probable life expectancy of less than one year.

AB1040,36,14 (2) (a) Written confirmation from a prescriber under par. (b) or sub. (1) (e) is valid for 2 years from the day that the prescriber determines the patient has or continues to have at least one of the conditions described under sub. (1) (e).

AB1040,36,18 (b) No earlier than 90 days prior to the expiration of the written confirmation from a prescriber under this paragraph or sub. (1) (e), a patient may obtain and submit written confirmation from a prescriber consistent with sub. (1) (e) that the patient continues to have at least one of the conditions described under sub. (1) (e).

AB1040,36,22 (3) At the time a patient applies to the office for inclusion on the patient and caregiver registry under this section and annually thereafter, a patient shall pay a fee of $100 or, if the patient qualifies for a hardship exception as determined by the office, a fee of $50.

AB1040,37,3 (4) If a patient is added to the registry under sub. (1) or submits written confirmation that the patient continues to have at least one of the conditions described under sub. (1) (e) consistent with sub. (2), the office shall record on the registry the prescriber who determined that the patient has or continues to have at least one of the conditions described under sub. (1) (e) and the condition under sub. (1) (e) that qualifies the patient for inclusion on the patient and caregiver registry.

AB1040,37,7 (5) If an individual under the age of 18 is added to the registry and legal custody of the individual has been awarded by a court, all person's awarded legal custody of the individual shall inform any noncustodial parent of the individual that the individual is included on the registry.

AB1040,37,13 (6) (a) A patient included in the patient and caregiver registry under this section may designate up to 3 caregivers who may purchase and possess medical cannabis products on the patient's behalf, except as provided in par. (b). A caregiver designated by a patient shall be included in the patient and caregiver registry under this section and shall be issued a registry identification card that evidences their inclusion as a caregiver in the registry.

AB1040,37,17 (b) If a patient is under the age of 18, the office shall designate the patient's parents or guardians as the patient's caregivers. The minor patient's parents or guardians may designate one additional caregiver who may purchase and possess medical cannabis products on the minor patient's behalf.

AB1040,37,22 (c) No individual may act as a caregiver under this subsection unless the individual is 21 years of age or older, is a resident, and has not been convicted of a crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime.

AB1040,37,24 (d) No individual may act as a caregiver under this section for more than 5 patients, except as provided in par. (e).

AB1040,38,4 (e) A patient who resides in a residential care facility may designate an employee of the residential care facility as the patient's caregiver. The office shall promulgate rules to establish reasonable limits on the number of patients for which an employee of a residential care facility may be designated as a caregiver.

AB1040,38,8 (f) Neither a patient nor any parent or guardian of a minor patient may designate an individual as a caregiver for the patient unless the caregiver affirmatively consents to act as the patient's caregiver and to be included on the patient and caregiver registry.

AB1040,38,17 (g) At the time a patient applies to the office for inclusion on the patient and caregiver registry under this section and at any time that a patient submits written confirmation from a prescriber consistent with sub. (1) (e) that the patient continues to have at least one of the conditions described under sub. (1) (e), the patient shall provide a complete list of caregivers designated by the patient. A complete list of caregivers under this paragraph shall include the names and addresses of each caregiver designated by the patient or, if the patient is a minor, a parent or guardian of the patient and an affirmation that each caregiver has consented to act as the patient's caregiver.

AB1040,38,24 (h) A patient or, if the patient is a minor, a parent or guardian of a patient may update the designated caregivers for the patient at any time by submitting to the office an updated list of caregivers designated by the patient or, if the patient is a minor, a parent or guardian of the patient. An updated list of caregivers under this paragraph shall include the names and addresses of each caregiver designated by the patient or, if the patient is a minor, a parent or guardian of the patient and an affirmation that each caregiver has consented to act as the patient's caregiver.

AB1040,39,10 (i) Before any caregiver is added to the patient and caregiver registry under this subsection, the office, with the assistance of the department of justice, shall conduct a background investigation of the caregiver. If the office determines that any information obtained as a result of the background investigation provides a reasonable basis for further investigation, the office may require the caregiver to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the caregiver and obtaining records of his or her criminal arrests and convictions.

AB1040,39,16 (j) Any individual who is a caregiver included on the patient and caregiver registry under this subsection may revoke his or her consent to act as a patient's caregiver at any time and remove himself or herself from the patient and caregiver registry by submitting a written statement to the office that the individual no longer consents to act as a caregiver for a patient under this subsection and wishes to be removed from the patient and caregiver registry.

AB1040,39,19 (7) (a) For purposes of this subsection, “patient's residence” includes a temporary accommodation if the patient intends to or did stay at the temporary accommodation overnight.

AB1040,39,24 (b) A patient who holds a valid registry identification card under this section may use medical cannabis products and may possess medical cannabis products only at the patient's residence, between the dispensary from which the products were purchased and the patient's residence, and between the patient's residences if the patient has more than one residence.

AB1040,40,5 (c) A caregiver who holds a valid registry identification card under this section may possess untampered and unopened medical cannabis products only at the caregiver's residence, between the dispensary from which the products were purchased and the caregiver's or the caregiver's patient's residence, and between the caregiver's and the caregiver's patient's residence.

AB1040,40,8 (d) A patient or caregiver who holds a valid registry identification card under this section may acquire medical cannabis products only from a dispensary operating pursuant to this chapter, and only in the amounts specified under s. 259.10 (5).

AB1040,40,10 (8) The office shall remove a patient from the patient and caregiver registry under this section if the office finds that any of the following has occurred:

AB1040,40,11 (a) The patient has not paid the annual fee required under sub. (3).

AB1040,40,14 (b) The patient fails to submit written confirmation that the patient continues to have at least one of the conditions described under sub. (1) (e) prior to the expiration of the written confirmation consistent with sub. (2).

AB1040,40,17 (c) The patient has been convicted for a violation of the federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled Substances Act under ch. 961, or any controlled substances law of another state.

AB1040,40,18 (d) The patient has been convicted of any felony.

AB1040,40,20 (e) The patient has been found to have violated any provision of this chapter or any rules promulgated under this chapter by fraud.

AB1040,40,21 (f) The patient is no longer a resident.

AB1040,40,23 (g) The patient voluntarily requests to be removed from the patient and caregiver registry.

AB1040,40,25 (9) The office shall remove a caregiver from the patient and caregiver registry under this section if the office finds that any of the following has occurred:

AB1040,41,1 (a) The caregiver has been convicted of any crime.

AB1040,41,3 (b) The caregiver has been found to have violated any provision of this chapter or any rules promulgated under this chapter by fraud.

AB1040,41,4 (c) The caregiver is no longer a resident.

AB1040,41,8 (10) If a patient is removed from the patient and caregiver registry under this section, the office shall remove any caregivers designated for that patient from the patient and caregiver registry unless the caregiver is a caregiver for another patient who is on the patient and caregiver registry under this section.

AB1040,41,11 259.10 Medical cannabis dispensaries. (1) No person may sell or transfer medical cannabis products to patients and caregivers except for a dispensary operated by the office.

AB1040,41,14 (2) The office shall establish 5 dispensaries in the state. In establishing dispensaries in the state, the office shall place one dispensary in each of the 5 regions that the department has established for data analysis and communication purposes.

AB1040,41,17 (3) (a) Each dispensary may obtain packaged and labeled medical cannabis products from processors licensed under s. 94.57 (5) and dispense medical cannabis products consistent with this section.

AB1040,41,24 (b) No dispensary may dispense medical cannabis products to any person except for a patient or caregiver who presents photo identification and a valid registry identification card issued by the office under s. 259.04. Before a dispensary may dispense medical cannabis products to a patient or caregiver, the dispensary shall confirm the patient or caregiver is included on the patient and caregiver registry under s. 259.04 by searching the registry for the patient's or caregiver's unique identification code.

AB1040,42,7 (4) Each dispensary shall be adequately staffed to advise patients and caregivers on appropriate medical cannabis products to use or consume and appropriate dosages. At a minimum, each dispensary shall have on staff at all times at least one pharmacist who is qualified to advise patients and caregivers on appropriate uses and dosages of medical cannabis products and potential interactions between medical cannabis products and other drugs, as defined in s. 450.01 (10), that the patient uses.

AB1040,42,21 (5) (a) Before a dispensary may dispense medical cannabis products to a patient or the patient's caregiver, the dispensary shall direct a qualified pharmacist who is employed by the dispensary to consult with the patient or the patient's caregiver and review the patient's records under the prescription drug monitoring program under s. 961.385. After consulting with the patient or the patient's caregiver and reviewing the patient's records under the prescription drug monitoring program, if the patient has never been dispensed medical cannabis products in this state, the pharmacist shall recommend a daily dosage for the patient and record the recommended daily dosage in the patient and caregiver registry under s. 259.04. If the patient has previously been recommended a daily dosage, the consulting pharmacist may update the patient's recommended daily dosage. If the consulting pharmacist recommends an updated daily dosage for the patient, the pharmacist shall record that updated recommendation in the patient and caregiver registry under s. 259.04.

AB1040,43,5 (b) A dispensary may dispense to a patient who has never been dispensed medical cannabis products in this state or the patient's caregiver not more than a 30-day supply of medical cannabis products based on the dosage recommendation made by a qualified pharmacist employed by a dispensary and recorded in the patient and caregiver registry under s. 259.04. After dispensing to a patient an initial 30-day supply of medical cannabis products, a dispensary may dispense not more than a 90-day supply of medical cannabis products based on the most recent dosage recommendation made by a qualified pharmacist employed by a dispensary and recorded in the patient and caregiver registry under s. 259.04.

AB1040,43,9 (c) No dispensary may dispense any medical cannabis products to a patient or to a caregiver for a patient who, based on the amount of medical cannabis products previously dispensed and the patient's recommended daily dosage, has or should have more than a 7-day supply of medical cannabis products.

AB1040,43,14 (d) A dispensary shall designate one or more employees to generate records for the prescription drug monitoring program under s. 961.385 when a medical cannabis product is dispensed to a patient or caregiver and to record the following information in the registry when a medical cannabis product is dispensed to a patient or caregiver:

AB1040,43,15 1. The form and quantity of medical cannabis products dispensed.

AB1040,43,17 2. The pharmacist who consulted with the patient or caregiver prior to dispensing.

AB1040,43,18 3. The individual to whom the medical cannabis products are dispensed.

AB1040,43,19 4. The date the medical cannabis products are dispensed.

AB1040,43,21 5. The estimated number of days of therapy that the dispensed medical cannabis products may be used by the patient.

AB1040,43,25 (6) The office shall promulgate rules to establish qualifications for pharmacists to advise patients and caregivers at dispensaries under this section on appropriate uses and dosages of medical cannabis products and potential interactions between medical cannabis products and other drugs that the patient uses.

AB1040,44,3 (7) A dispensary, and any employee of a dispensary, may not make any statement or other indication that the consumption or use of medical cannabis may cure, mitigate, treat, or prevent any disease or medical condition.

AB1040,44,5 259.15 Advertising prohibited. (1) No dispensary may advertise its services.

AB1040,44,7 (2) No prescriber may advertise that he or she may provide a written confirmation under s. 259.04 (1) (e).

AB1040,44,12 259.20 Sales prices. The office shall set the price of medical cannabis products offered for sale at dispensaries. The office may set the price of medical cannabis products only at a level sufficient to recoup product and operational costs. The office may update prices under this subsection whenever the office determines it is necessary.

AB1040,44,15 259.25 Enforcement. (1) The office may conduct investigations, hold hearings, and make findings as to whether a person has violated any provision of this chapter or any rule promulgated under this chapter.

AB1040,44,18 (2) If, after holding a public hearing, the office determines that a person has violated any provision of this chapter or any rule promulgated under this chapter, the office may impose a penalty pursuant to s. 259.30.

AB1040,44,21 (3) If the office has reason to believe that a person has engaged in activities for which a license is required without a license, the office may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

AB1040,44,24 (4) The enforcement actions permitted under this section are cumulative. The imposition of an enforcement action may not bar the imposition of any other enforcement action.

AB1040,45,4 259.30 Penalties. (1) The office may remove a patient or caregiver from the patient and caregiver registry if the office determines that the patient or caregiver has intentionally possessed, used, sold, or transferred cannabis or medical cannabis products in violation of this chapter or any rules promulgated under this chapter.

AB1040,45,7 (2) (a) Any person who violates any provision of this chapter or any rules promulgated under this chapter by fraud shall be fined not less than $2,000 nor more than $10,000.

AB1040,45,12 (b) Except as provided in par. (a), any person who violates any provision of this chapter or any rules promulgated under this chapter may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

AB1040,45,15 (3) All of the remedies and penalties under this chapter shall be cumulative. No action for recovery of one penalty shall be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution.

AB1040,34 Section 34. 450.01 (16) (L) of the statutes is created to read:

AB1040,45,18 450.01 (16) (L) Performing the duties specified in s. 259.10 as an employed pharmacist of a medical cannabis dispensary.

AB1040,35 Section 35 . 450.03 (1) (eg) and (er) of the statutes are created to read:

AB1040,45,22 450.03 (1) (eg) Any person acting within the scope of a valid grower license under s. 94.57 (4), a valid processor license under s. 94.57 (5), or a valid laboratory license under s. 94.57 (6).

AB1040,45,25 (er) A medical cannabis dispensary operating pursuant to s. 259.10. This paragraph does not apply to a person serving as a pharmacist in a medical cannabis dispensary operating pursuant to s. 259.10.

AB1040,36 Section 36. 450.07 (1m) of the statutes is renumbered 450.07 (1m) (a).

AB1040,37 Section 37 . 450.07 (1m) (b) of the statutes is created to read:

AB1040,46,6 450.07 (1m) (b) No license under this section is required for a dispensary operating pursuant to s. 259.10 or a person acting within the scope of a valid grower license under s. 94.57 (4), a valid processor license under s. 94.57 (5), or a valid laboratory license under s. 94.57 (6).

AB1040,38 Section 38 . 450.071 (1) of the statutes is renumbered 450.071 (1) (a) and amended to read:

AB1040,46,11 450.071 (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.

AB1040,46,16 (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.

AB1040,39 Section 39 . 450.071 (1) (b) 2. of the statutes is created to read:

AB1040,46,21 450.071 (1) (b) 2. No license under this section is required for a dispensary operating pursuant to s. 259.10 or a person acting within the scope of a valid grower license under s. 94.57 (4), a valid processor license under s. 94.57 (5), or a valid laboratory license under s. 94.57 (6).

AB1040,40 Section 40. 450.10 (2m) of the statutes is created to read:

AB1040,46,25 450.10 (2m) No pharmacist may be found guilty of unprofessional conduct for performing the duties specified in s. 259.10 as an employed pharmacist of a medical cannabis dispensary.

AB1040,41 Section 41. 452.14 (3) (n) of the statutes is amended to read:

AB1040,47,5 452.14 (3) (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, use of medical cannabis products, as defined in s. 94.57 (1) (f), ancestry, marital status, lawful source of income, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u).

AB1040,42 Section 42 . 767.445 of the statutes is created to read:

AB1040,47,8 767.445 Medical cannabis. (1) In this section, “medical cannabis product” has the meaning given in s. 94.57 (1) (f).

AB1040,47,14 (2) A court may not consider lawful use or possession of medical cannabis products under s. 94.57 or ch. 259 in determining custody or placement of a child under this chapter, except in cases in which a child has access to the medical cannabis products. A court may consider the unlawful use or possession of cannabis, as defined in s. 94.57 (1) (a), in determining custody or placement of a child under this chapter.