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AB750,21,85 (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.
AB750,21,99 (f) “Physician” has the meaning given in s. 448.01 (5).
AB750,21,1010 (g) “Physician assistant” has the meaning given in s. 448.01 (6).
AB750,21,1311 (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.
AB750,21,1414 (i) “Qualifying medical condition” means any of the following:
AB750,21,1515 1. Amyotrophic lateral sclerosis.
AB750,21,1616 2. Cancer.
AB750,21,1717 3. Crohn's disease.
AB750,21,1818 4. Glaucoma.
AB750,21,1919 5. HIV/AIDS.
AB750,21,2020 6. Multiple sclerosis.
AB750,21,2121 7. Post-traumatic stress disorder.
AB750,21,2222 8. Seizure disorders.
AB750,21,2523 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.
AB750,22,1
1(j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
AB750,22,32 (k) “Registrant” means a person to whom a registry identification card is issued
3under sub. (3).
AB750,22,54 (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.
AB750,22,9 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:
AB750,22,1310 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.
AB750,22,1614 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:
AB750,22,1817 a. An in-person physical examination of the patient by the physician, physician
18assistant, or certified advanced practice nurse prescriber.
AB750,22,2019 b. A review of the patient's medical history by the physician, physician
20assistant, or certified advanced practice nurse prescriber.
AB750,22,2421 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.
AB750,23,3
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.
AB750,23,94 (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.
AB750,23,1510 (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.
AB750,23,19 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:
AB750,23,2020 1. His or her name, address, and date of birth.
AB750,23,2221 2. A written recommendation provided under sub. (2) that is no more than 30
22days old as of the date the application is filed.
AB750,23,2523 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.
AB750,24,1
14. A registration fee in an amount determined by the commission.
AB750,24,132 (b) 1. A registrant or an applicant who is a qualifying patient may jointly apply
3to the commission with another person for a registry identification card for the other
4person, designating the other person as a primary caregiver for the registrant or
5applicant, if the other person is at least 21 years of age and, notwithstanding ss.
6111.321, 111.322, and 111.335, has never been convicted of a criminal violation of the
7federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled
8Substances Act under ch. 961, or any controlled substances law of another state. The
9department of justice shall provide information to the commission necessary to
10determine whether this requirement is met. Both persons who jointly apply for a
11registry identification card under this subdivision shall sign the application form,
12which shall contain the name, address, and date of birth of the individual applying
13to be registered as a primary caregiver.
AB750,24,1614 2. Except as provided under par. (c), a registrant or an applicant who is a
15qualifying patient may designate only one primary caregiver under subd. 1. unless
16the commission grants an exception to allow for an additional designation.
AB750,24,2017 3. A primary caregiver designated by a person under subd. 1. may not be
18designated as a primary caregiver for more than one qualifying patient or applicant
19unless the patients or applicants live in the same residence or unless the commission
20otherwise allows.
AB750,25,321 (c) 1. The commission shall promulgate rules specifying how a parent,
22guardian, or legal custodian of a minor may apply for a registry identification card
23for himself or herself and for the minor and the circumstances under which the
24commission may approve or deny the application. The commission shall require a
25minor who is a qualifying patient or an applicant to have the minor's parent,

1guardian, or legal custodian designated as a primary caregiver under par. (b).
2Notwithstanding par. (b) 2., a minor may designate both parents as primary
3caregivers.
AB750,25,194 2. The commission shall establish procedures for physicians, physician
5assistants, and certified advanced practice nurse prescribers to apply for
6certification and to be certified to recommend the use of medical marijuana under
7this section. An applicant for certification under this subdivision shall provide the
8applicant's name, office address, contact information, and medical license number.
9The applicant shall also provide written documentation that the applicant is
10authorized to dispense controlled substances under 21 USC 821 to 832 and provide
11on the application the applicant's registration number issued by the federal
12department of justice drug enforcement administration. In addition, the applicant
13shall provide written documentation that the applicant has completed at least 4
14hours of continuing education to assist in diagnosing qualifying medical conditions
15and treating such conditions with medical marijuana. A person certified in
16accordance with this subdivision shall keep complete and accurate records of the
17recommendations made and the qualifying patients for whom the recommendations
18are made under this section and shall report to the commission, at the commission's
19request, the number of recommendations made and for whom.
AB750,25,2120 (d) A registry identification card issued under this subsection expires after one
21year.
AB750,25,2422 (e) A registrant, whether a qualifying patient or primary caregiver, may not
23plant, grow, cultivate, or harvest marijuana without a valid producer license under
24s. 73.17.
AB750,26,3
1(f) An applicant who is a qualifying patient must have resided in the state, in
2accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days
3before submitting an application to the commission under this subsection.
AB750,26,64 (g) A person may not register as a qualifying patient or primary caregiver or
5hold a registry identification card while serving a term of imprisonment or on parole
6or probation.
AB750,26,77 (h) The commission shall maintain a list of all registrants.
AB750,26,108 (i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission
9may not disclose information from an application submitted or a registry
10identification card issued under this subsection.
AB750,26,1411 (j) The commission may disclose to state or local law enforcement agencies
12information from an application submitted by, or from a registry identification card
13issued to, a specific person under this subsection for the purpose of verifying that the
14person possesses a valid registry identification card.
AB750,26,1815 (k) A person who holds a registry identification card may only purchase or use
16medical marijuana that has been produced, processed, distributed, and dispensed as
17provided under this section and s. 73.17 and for which the taxes have been paid as
18provided under subch. IV of ch. 139.
AB750,26,2219 (L) A person who holds a registry identification card may only possess a 30-day
20supply of individual doses of medical marijuana, except that during the last 7 days
21of any such 30-day period, the person may obtain and possess a 30-day supply for
22the subsequent 30-day period.
AB750,26,24 23(4) Rules. The commission shall promulgate rules to implement this section,
24including rules that do all of the following:
AB750,26,2525 (a) Establish a timeline for approving or denying applications under sub. (3).
AB750,27,1
1(b) Set the amount of fees to be submitted with applications.
AB750,27,32 (c) Establish any other rules necessary for the administration of the registry
3under sub. (3), including issuance of registry identification cards.
AB750,27,5 4(5) Effect of this section; employment. Nothing in this section does any of the
5following:
AB750,27,86 (a) Requires an employer to permit or accommodate the use, consumption,
7possession, transfer, display, transportation, sale, or cultivation of medical
8marijuana at a place of employment by an employee.
AB750,27,109 (b) Interferes with an employer's ability to prohibit the use, possession, or sale
10of medical marijuana at a place of employment by an employee.
AB750,27,1111 (c) Provides a cause of action against an employer.
AB750,27,1312 (d) Limits an employer's ability to establish and enforce a drug-free workplace
13policy.
AB750,27,1414 (e) Requires an employer to violate federal law.
AB750,12 15Section 12 . 77.52 (13) of the statutes is amended to read:
AB750,28,216 77.52 (13) For the purpose of the proper administration of this section and to
17prevent evasion of the sales tax it shall be presumed that all receipts are subject to
18the tax until the contrary is established. The burden of proving that a sale of tangible
19personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
20is not a taxable sale at retail is upon the person who makes the sale unless that
21person takes from the purchaser an electronic or a paper certificate, in a manner
22prescribed by the department, to the effect that the property, item, good, or service
23is purchased for resale or is otherwise exempt, except that no certificate is required
24for the sale of tangible personal property, or items, property, or goods under sub. (1)
25(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),

1(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
2(51), (52), (66), and (67), and (69).
AB750,13 3Section 13 . 77.53 (10) of the statutes is amended to read:
AB750,28,164 77.53 (10) For the purpose of the proper administration of this section and to
5prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
6tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
7(d), or taxable services sold by any person for delivery in this state is sold for storage,
8use, or other consumption in this state until the contrary is established. The burden
9of proving the contrary is upon the person who makes the sale unless that person
10takes from the purchaser an electronic or paper certificate, in a manner prescribed
11by the department, to the effect that the property, or items, property, or goods under
12s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
13exempt from the tax, except that no certificate is required for the sale of tangible
14personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
15services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
16(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (69).
AB750,14 17Section 14 . 77.54 (69) of the statutes is created to read:
AB750,28,2018 77.54 (69) The sales price from the sales of and the storage, use, or other
19consumption of medical marijuana distributed by a dispensary licensed under s.
2073.17 and operating under s. 73.18.
AB750,15 21Section 15 . 108.04 (5) (a) (intro.) of the statutes is amended to read:
AB750,28,2522 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable
23written policy concerning the use of alcohol beverages, or use of a controlled
24substance or a controlled substance analog, including a drug-free workplace policy,
25if the employee:
AB750,16
1Section 16. 111.32 (9m) of the statutes is created to read:
AB750,29,22 111.32 (9m) “Lawful product” does not include medical marijuana.
AB750,17 3Section 17 . 111.32 (12c) of the statutes is created to read:
AB750,29,44 111.32 (12c) “Medical marijuana” has the meaning given in s. 73.18 (1) (e).
AB750,18 5Section 18 . 111.34 (1) (b) of the statutes is amended to read:
AB750,29,96 111.34 (1) (b) Refusing to reasonably accommodate an employee's or
7prospective employee's disability unless the employer can demonstrate that the
8accommodation would pose a hardship on the employer's program, enterprise or
9business, subject to sub. (3).
AB750,19 10Section 19 . 111.34 (3) of the statutes is created to read:
AB750,29,1211 111.34 (3) Notwithstanding s. 111.322, this subchapter does not apply to any
12act of an employer based upon an individual's use of medical marijuana.
AB750,20 13Section 20 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
14created to read:
AB750,29,1515 chapter 139
AB750,29,1616 subchapter Iv
AB750,29,1717 medical marijuana tax
AB750,29,18 18139.97 Definitions. In this subchapter:
AB750,29,19 19(1) “Commission” means the medical marijuana regulatory commission.
AB750,29,20 20(2) “Department” means the department of revenue.
AB750,29,21 21(3) “Dispensary” has the meaning given in s. 73.17 (1) (c).
AB750,29,22 22(4) “Marijuana" has the meaning given in s. 961.01 (14).
AB750,29,23 23(5) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
AB750,29,24 24(6) “Processor" has the meaning given in s. 73.17 (1) (h).
AB750,29,25 25(7) “Producer” has the meaning given in s. 73.17 (1) (i).
AB750,30,3
1139.971 Medical marijuana tax. (1) An excise tax is imposed on a processor
2at the rate of 10 percent of the sales price on each wholesale sale in this state of
3marijuana to a dispensary.
AB750,30,8 4(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
5to the commission no later than the 15th day of the month following the month in
6which the person's tax liability is incurred and shall include with the payment a
7return on a form prescribed by the commission. The commission shall deposit all
8taxes collected under this section into the medical marijuana fund.
AB750,30,22 9(3) The commission may increase or decrease the rate under sub. (1) by
10submitting a request to the joint committee on finance. A request made under this
11subsection may not propose to increase or decrease the rate by more than a 5-percent
12increment. In addition to the proposed rate, the commission shall include in its
13request its rationale for the proposed rate, the impact that the proposed rate may
14have on the regulation of medical marijuana, and the first date on which the
15proposed rate would apply. If the cochairpersons of the joint committee on finance
16do not notify the commission that the committee has scheduled a meeting for the
17purpose of reviewing the request within 30 working days after the date of the
18submission, the commission may implement the proposal. If within 30 working days
19after the date of the submission, the cochairpersons of the committee notify the
20commission that the committee has scheduled a meeting for the purpose of reviewing
21the request, the commission may implement the proposal only upon approval of the
22committee.
AB750,31,5 23139.972 Records and reports. (1) Every producer and processor shall keep
24accurate and complete records of its production and sales of marijuana and medical
25marijuana in this state. The records shall be kept on the premises described in its

1license application under s. 73.17 and in such manner as to ensure permanency and
2accessibility for inspection at reasonable hours by the authorized personnel of the
3commission or department. The commission shall prescribe reasonable and uniform
4methods of keeping records and making reports and shall provide the necessary
5forms to producers and processors.
AB750,31,15 6(2) If the commission determines that any records of a producer or processor
7are not kept in the prescribed form or are in such condition that the commission
8requires an unusual amount of time to determine from the records the amount of the
9tax due, the commission shall give notice to the producer or processor that it is
10required to revise its records and keep them in the prescribed form. If the producer
11or processor fails to comply within 30 days, it shall pay the expenses reasonably
12attributable to a proper examination and tax determination at the rate of $30 a day
13for each auditor used to make the examination and determination. The commission
14shall send a bill for such expenses, and the producer or processor shall pay the
15amount of such bill within 10 days.
AB750,31,25 16(3) If any producer or processor fails to file a report when due, it shall be
17required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
18mailed in a properly addressed envelope with postage prepaid, the envelope is
19officially postmarked, or marked or recorded electronically as provided under section
207502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is
21actually received by the commission or at the destination that the commission
22prescribes within 5 days of the due date. A report that is not mailed is timely if it
23is received on or before the due date by the commission or at the destination that the
24commission prescribes. For purposes of this subsection, “mailed" includes delivery
25by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
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