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2. Security and inventory accountability procedures.
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3. The most recent research on medical cannabis.
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7(9) Confidentiality. The department may disclose to a law enforcement
8agency only information necessary to verify that a licensee has a valid license issued
9under this section, an entity is complying with rules promulgated under sub. (11), or
10a laboratory is registered under sub. (8).
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11(10) Inspections. The department may inspect, without prior notice, the
12premises of an applicant, licensee, or registered laboratory and any records required
13to be retained by a licensee or registered laboratory.
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14(11) Rules. (a) The department shall promulgate rules to administer and
15enforce this section. Rules promulgated under this subsection shall be designed to
16promote and prioritize producers, processors, and dispensaries that are small, local
17organizations.
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(b) When promulgating rules under this section, the department may, as
19necessary, use the procedure under s. 227.24 to promulgate emergency rules.
20Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under
21this subsection, the department is not required to provide evidence that
22promulgating a rule under this subsection as an emergency rule is necessary for the
23preservation of the public peace, health, safety, or welfare and is not required to
24provide a finding of emergency for a rule promulgated under this subsection.
25Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and subsequent
1emergency rules promulgated under this subsection remain in effect until the date
2on which permanent rules take effect. Notwithstanding s. 227.24 (1) (e) 1d. and 1g.,
3for emergency rules promulgated under this subsection, the department is not
4required to prepare a statement of scope of the rules or to submit the proposed rules
5in final draft form to the governor for approval.
SB507,18
6Section 18
. 101.123 (1) (h) (intro.) of the statutes is amended to read:
SB507,16,87
101.123
(1) (h) (intro.) “Smoking" means burning or holding, or inhaling or
8exhaling smoke from, any of the following items containing tobacco
or cannabis:
SB507,19
9Section 19
. 102.43 (9) (e) of the statutes is amended to read:
SB507,16,1310
102.43
(9) (e) The employee's employment with the employer has been
11suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial
12fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee's
13work
, subject to s. 108.04 (5m).
SB507,20
14Section 20
. 106.50 (1m) (h) of the statutes is amended to read:
SB507,16,2215
106.50
(1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
16a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
17because of sex, race, color, sexual orientation, disability, religion, national origin,
18marital status,
or family status
,
; status as a victim of domestic abuse, sexual assault,
19or stalking
,; whether the person holds, or has applied for, a registry identification
20card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as
21defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined
22in s. 961.01 (20t); lawful source of income
,; age
,; or ancestry.
SB507,21
23Section 21
. 108.04 (5m) of the statutes is created to read:
SB507,16,2424
108.04
(5m) Use of medical cannabis. (a) In this subsection:
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1. “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
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12. “Registry identification card” has the meaning given in s. 146.44 (1) (g).
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3. “Written certification” has the meaning given in s. 146.44 (1) (h).
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(b) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not
4include any of the following:
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1. A positive test for cannabis components or metabolites, in the absence of
6other actions or conduct that constitute misconduct under sub. (5). This subdivision
7applies only with respect to an employee with a valid written certification and a valid
8registry identification card.
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2. A violation of the employer's policy concerning the use of cannabis, if all of
10the following apply:
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a. The employee was using medical cannabis in accordance with a valid written
12certification.
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b. The employee held a valid registry identification card.
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c. The employee did not use or possess medical cannabis on the employer's
15premises or during working hours.
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d. The use did not impair the individual's ability to perform adequately the
17job-related responsibilities of that individual's employment.
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(c) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
19not include any of the following:
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1. A positive test for cannabis components or metabolites, in the absence of
21other acts or omissions that constitute substantial fault under sub. (5). This
22subdivision applies only with respect to an employee with a valid written
23certification and a valid registry identification card.
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2. A violation of the employer's policy concerning the use of cannabis, if all of
25the following apply:
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1a. The employee was using medical cannabis in accordance with a valid written
2certification.
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b. The employee held a valid registry identification card.
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c. The employee did not use or possess medical cannabis on the employer's
5premises or during working hours.
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d. The use did not impair the individual's ability to perform adequately the
7job-related responsibilities of that individual's employment.
SB507,22
8Section 22
. 111.32 (15) of the statutes is created to read:
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111.32
(15) “Use of a lawful product off the employer's premises during
10nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f),
11off the employer's premises during nonworking hours, but only if such use is in
12accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the
13individual holds a valid registry identification card, as defined in s. 146.44 (1) (g).
SB507,23
14Section 23
. 111.34 (1) (c) of the statutes is created to read:
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111.34
(1) (c) 1. Except as provided in subd. 2., refusing to hire or employ,
16barring, suspending, or terminating an individual, or discriminating against an
17individual in promotion, in compensation or in terms, conditions or privileges of
18employment, based on the individual's use of medical cannabis, as defined in s. 94.57
19(1) (f), if such use is in accordance with a valid written certification, as defined in s.
20146.44 (1) (h), and the individual holds a valid registry identification card, as defined
21in s. 146.44 (1) (g).
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2. Subdivision 1. does not apply if any of the following apply:
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a. The employee uses or possesses medical cannabis on the employer's premises
24or during working hours.
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1b. The use impairs the individual's ability to undertake adequately the
2job-related responsibilities of that individual's employment.
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c. The refusal, bar, suspension, termination, or discrimination is necessary for
4the employer to avoid losing a monetary or licensing-related benefit under federal
5law or regulations.
SB507,24
6Section 24
. 111.35 (2) (e) of the statutes is amended to read:
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111.35
(2) (e) Conflicts with any federal or state statute, rule or regulation.
8This paragraph does not apply with respect to any conflict between the use of medical
9cannabis described in s. 111.32 (15) and violations concerning marijuana or
10tetrahydrocannabinols under 21 USC 841 to 865. SB507,25
11Section 25
. 111.35 (2) (f) of the statutes is created to read:
SB507,19,1412
111.35
(2) (f) In the case of use of medical cannabis described in s. 111.32 (15),
13would result in the employer losing a monetary or licensing-related benefit under
14federal law or regulations.
SB507,26
15Section
26. 146.44 of the statutes is created to read:
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16146.44 Medical Cannabis Registry Program. (1) Definitions. In this
17section:
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(a) “Applicant" means a person who is applying for a registry identification card
19under sub. (2) (a) or (ac).
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(ag) “Bona fide practitioner-patient relationship" means a relationship
21between the practitioner and the patient that includes all of the following:
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1. An assessment of the patient's medical history and current medical condition
23by the practitioner, including an in-person physical examination if appropriate.
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2. A consultation between the practitioner and the patient with respect to the
25patient's debilitating medical condition or treatment.
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13. Availability by the practitioner to provide follow-up care and treatment to
2the patient, including patient examinations.
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(b) “Debilitating medical condition or treatment" means any of the following:
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1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
5the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
6Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
7lateral sclerosis, nail-patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
8stress disorder, or the treatment of these conditions.
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2. Opioid abatement or reduction or treatment for opioid addiction.
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3. A chronic or debilitating disease or medical condition or the treatment of
11such a disease or condition that causes cachexia, severe pain, severe nausea,
12seizures, including those characteristic of epilepsy, or severe and persistent muscle
13spasms, including those characteristic of multiple sclerosis.
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4. Any other medical condition or any other treatment for a medical condition
15designated as a debilitating medical condition or treatment in rules promulgated by
16the department of health services under s. 961.436 (5).
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(c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
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(cm) “Out-of-state registry identification card" means a document that is valid
19as provided under sub. (7) (f).
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(cp) “Practitioner” means a person licensed as a physician, as defined in s.
21448.01 (5), a physician assistant, as defined in s. 448.01 (6), or an advanced practice
22nurse prescriber certified under s. 441.16 (2).
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(d) “Primary caregiver" means a person who has agreed to help a qualifying
24patient use or acquire medical cannabis and who has a registry identification card.
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1(e) “Qualifying patient" means a person who has been diagnosed in the course
2of a bona fide practitioner-patient relationship as having or undergoing a
3debilitating medical condition or treatment but does not include a person under the
4age of 18 years unless all of the following apply:
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1. The person's practitioner has explained the potential risks and benefits of
6using medical cannabis to the person and to a parent, guardian, or person having
7legal custody of the person.
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2. The parent, guardian, or person having legal custody provides the
9practitioner a written statement consenting to do all of the following:
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a. Allow the person to use medical cannabis.
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b. Serve as a primary caregiver for the person.
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c. Manage the person's use of medical cannabis.
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(f) “Registrant" means a person to whom a registry identification card is issued.
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(g) “Registry identification card" means a document issued by the department
15under sub. (4) that identifies a person as a qualifying patient or primary caregiver.
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(h) “Written certification" means a statement written by a person's practitioner
17if all of the following apply:
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1. The statement indicates that, in the practitioner's professional opinion, the
19person has or is undergoing a debilitating medical condition or treatment and the
20potential benefits of using medical cannabis would likely outweigh the health risks
21for the person.
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2. The statement indicates that the opinion described in subd. 1. was made in
23the course of a bona fide practitioner-patient relationship.
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3. The statement is signed by the practitioner or is contained in the person's
25medical records.
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1(1m) Practitioner restrictions. (a)
No practitioner may provide himself or
2herself or any member of his or her family with a written certification for submission
3with an application under sub. (2).
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(b) No practitioner who provides a written certification under this section may
5have a financial interest in any way connected to a person or entity that produces,
6processes, dispenses, or tests cannabis.
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7(2) Application. (a) An adult who is claiming to be a qualifying patient may
8apply for a registry identification card by submitting to the department all of the
9following:
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1. A signed application form that contains the applicant's name, address, and
11date of birth.
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2. A written certification.
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3. The name, address, and telephone number of the applicant's current
14practitioner, as listed in the written certification.
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4. A registration fee in an amount determined by the department, but not to
16exceed $150, except that for an applicant who is a recipient of medical assistance
17under subch. IV of ch. 49, is receiving benefits under the federal social security
18disability insurance program under
42 USC 423 or the federal supplemental security
19income program under
42 USC 1381, or is a veteran, the fee shall be $50.
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(ac) A person who is at least 21 years of age may apply for a registry
21identification card as a primary caregiver by submitting to the department all of the
22following:
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1. A signed application form that contains the applicant's name, address, and
24date of birth.
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12. A copy of a written certification or copy of a registration identification card
2for each qualifying patient for whom the applicant will be the primary caregiver.
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3. A registration fee of $250.
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(b) The department shall promulgate rules specifying how a parent, guardian,
5or person having legal custody of a child may apply for a registry identification card
6for the child and the circumstances under which the department may approve or
7deny the application.
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8(3) Processing the application. The department shall verify the information
9the applicant submitted under sub. (2) (a) or (ac) and shall approve or deny the
10application within 30 days after receiving it. The department may deny an
11application submitted under sub. (2) (a) or (ac) only if one of the following applies:
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(a) The applicant did not provide the required information or provided false
13information.
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(b) The department is required to deny the application under the rules
15promulgated under sub. (2) (b).
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16(4) Issuing a registry identification card. The department shall issue an
17applicant a registry identification card within 5 days after approving the application
18under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules
19promulgated under sub. (7) (d), a registry identification card expires 2 years from the
20date of issuance. A registry identification card shall contain all of the following:
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(a) The name, address, and date of birth of all of the following:
SB507,23,2222
1. The registrant.