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AB599-AA2,17,1210 9. Any other medical condition designated as a qualifying medical condition in
11rules promulgated by the commission in consultation with the medical examining
12board and only with the approval of all members of the commission.
AB599-AA2,17,1313 (j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
AB599-AA2,17,1514 (k) “Registrant” means a person to whom a registry identification card is issued
15under sub. (3).
AB599-AA2,17,1716 (L) “Registry identification card” means a document issued by the commission
17under sub. (3) that identifies a person as a qualifying patient or primary caregiver.
AB599-AA2,17,21 18(2) Recommendations; requirements and limitations. (a) A physician,
19physician assistant, or certified advanced practice nurse prescriber who is certified
20under par. (d) may recommend the use of medical marijuana to treat a patient if all
21of the following apply:
AB599-AA2,17,2522 1. The patient has been diagnosed with a qualifying medical condition and the
23physician, physician assistant, or certified advanced practice nurse prescriber
24advises the use of medical marijuana to treat that condition or the symptoms of that
25condition.
AB599-AA2,18,3
12. A health care provider-patient relationship has been established between
2the physician, physician assistant, or certified advanced practice nurse prescriber
3and the patient through all of the following:
AB599-AA2,18,54 a. An in-person physical examination of the patient by the physician, physician
5assistant, or certified advanced practice nurse prescriber.
AB599-AA2,18,76 b. A review of the patient's medical history by the physician, physician
7assistant, or certified advanced practice nurse prescriber.
AB599-AA2,18,118 c. An expectation of the physician, physician assistant, or certified advanced
9practice nurse prescriber providing care to the patient, and the patient receiving care
10from the physician, physician assistant, or certified advanced practice nurse
11prescriber, on an ongoing basis.
AB599-AA2,18,1412 3. If the patient is a minor, the physician, physician assistant, or certified
13advanced practice nurse prescriber has obtained the consent of the patient's parent,
14guardian, or legal custodian.
AB599-AA2,18,2015 (b) A physician, physician assistant, or certified advanced practice nurse
16prescriber may not recommend the use of medical marijuana under this subsection
17for himself or herself or to any member of his or her immediate family or household.
18A physician, physician assistant, or certified advanced practice nurse prescriber may
19not have any financial interest in a medical marijuana producer, processor, or
20dispensary.
AB599-AA2,19,221 (c) When recommending the use of medical marijuana, a physician, physician
22assistant, or certified advanced practice nurse prescriber shall include on the
23recommendation the patient's name, the name of the recommending physician,
24physician assistant, or certified advanced practice nurse prescriber, and a

1recommended usage and shall specify any other information required in rules
2promulgated by the commission, in consultation with the medical examining board.
AB599-AA2,19,183 (d) The commission shall establish procedures for physicians, physician
4assistants, and certified advanced practice nurse prescribers to apply for
5certification and to be certified to recommend the use of medical marijuana under
6this section. An applicant for certification under this paragraph shall provide the
7applicant's name, office address, contact information, and medical license number.
8The applicant shall also provide written documentation that the applicant is
9authorized to dispense controlled substances under 21 USC 821 to 832 and provide
10on the application the applicant's registration number issued by the U.S. drug
11enforcement administration. In addition, the applicant shall provide written
12documentation that the applicant has completed at least 4 hours of continuing
13education to assist in diagnosing qualifying medical conditions and treating such
14conditions with medical marijuana. A person certified in accordance with this
15paragraph shall keep complete and accurate records of the recommendations made
16and the qualifying patients for whom the recommendations are made under this
17section and shall report to the commission, at the commission's request, the number
18of recommendations made and for whom.
AB599-AA2,19,22 19(3) Application; registry identification card. (a) An applicant who is a
20qualifying patient may apply for a registry identification card by submitting to the
21commission a signed application form containing or accompanied by all of the
22following:
AB599-AA2,19,2323 1. His or her name, address, and date of birth.
AB599-AA2,19,2524 2. A written recommendation provided under sub. (2) that is no more than 30
25days old as of the date the application is filed.
AB599-AA2,20,3
13. The name, address, and telephone number of the physician, physician
2assistant, or certified advanced practice nurse prescriber who provided the
3recommendation.
AB599-AA2,20,44 4. A registration fee in an amount determined by the commission.
AB599-AA2,20,165 (b) 1. A registrant or applicant who is a qualifying patient may jointly apply
6to the commission with another person for a registry identification card for the other
7person and designate the other person as a primary caregiver for the registrant or
8applicant if the other person is at least 21 years of age and, notwithstanding ss.
9111.321, 111.322, and 111.335, has never been convicted of a criminal violation of the
10federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled
11Substances Act under ch. 961, or any controlled substances law of another state. The
12department of justice shall provide information to the commission necessary to
13determine whether this requirement is met. Both persons who jointly apply for a
14registry identification card under this subdivision shall sign the application form,
15which shall contain the name, address, and date of birth of the individual applying
16to be registered as a primary caregiver.
AB599-AA2,20,1917 2. Except as provided under par. (c), a registrant or an applicant who is a
18qualifying patient may designate only one primary caregiver under subd. 1., unless
19the commission grants an exception to allow for an additional designation.
AB599-AA2,20,2320 3. A primary caregiver designated by a person under subd. 1. may not be
21designated as a primary caregiver for more than one qualifying patient or applicant
22unless the patients or applicants live in the same residence or unless the commission
23otherwise allows.
AB599-AA2,21,524 (c) The commission shall promulgate rules specifying how a parent, guardian,
25or legal custodian of a minor may apply for a registry identification card for himself

1or herself and for the minor and the circumstances under which the commission may
2approve or deny the application. The commission shall require a minor who is a
3qualifying patient or applicant to have the minor's parent, guardian, or legal
4custodian designated as a primary caregiver under par. (b). Notwithstanding par.
5(b) 2., a minor may designate both parents as primary caregivers.
AB599-AA2,21,76 (d) A registry identification card issued under this subsection expires after one
7year.
AB599-AA2,21,108 (e) A registrant, whether a qualifying patient or primary caregiver, may not
9plant, grow, cultivate, or harvest marijuana without a valid producer license under
10s. 73.17.
AB599-AA2,21,1311 (f) An applicant who is a qualifying patient must have resided in the state, in
12accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days
13before submitting an application to the commission under this subsection.
AB599-AA2,21,1614 (g) A person may not register as a qualifying patient or primary caregiver or
15hold a registry identification card while serving a term of imprisonment or while on
16parole or probation.
AB599-AA2,21,1717 (h) The commission shall maintain a list of all registrants.
AB599-AA2,21,2018 (i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission
19may not disclose information from an application submitted or a registry
20identification card issued under this subsection.
AB599-AA2,21,2421 (j) The commission may disclose to state or local law enforcement agencies
22information from an application submitted by or from a registry identification card
23issued to a specific person under this subsection for the purpose of verifying that the
24person possesses a valid registry identification card.
AB599-AA2,22,4
1(k) A person who holds a registry identification card may only purchase or use
2medical marijuana that has been produced, processed, distributed, and dispensed as
3provided under this section and s. 73.17 and for which the taxes have been paid as
4provided under subch. IV of ch. 139.
AB599-AA2,22,85 (L) A person who holds a registry identification card may only possess a 30-day
6supply of individual doses of medical marijuana, except that during the last 7 days
7of any such 30-day period, the person may obtain and possess a 30-day supply for
8the subsequent 30-day period.
AB599-AA2,22,10 9(4) Rules. The commission shall promulgate rules to implement this section,
10including rules that do all of the following:
AB599-AA2,22,1111 (a) Establish a timeline for approving or denying applications under sub. (3).
AB599-AA2,22,1212 (b) Set the amount of fees to be submitted with applications.
AB599-AA2,22,1413 (c) Establish any other rules necessary for the administration of the registry
14under sub. (3), including issuance of registry identification cards.
AB599-AA2,22,16 15(5) Effect of this section; employment. Nothing in this section does any of the
16following:
AB599-AA2,22,1917 (a) Requires an employer to permit or accommodate the use, consumption,
18possession, transfer, display, transportation, sale, or cultivation of medical
19marijuana at a place of employment by an employee.
AB599-AA2,22,2120 (b) Interferes with an employer's ability to prohibit the use, possession, or sale
21of medical marijuana at a place of employment by an employee.
AB599-AA2,22,2222 (c) Provides a cause of action against an employer.
AB599-AA2,22,2423 (d) Limits an employer's ability to establish and enforce a drug-free workplace
24policy.
AB599-AA2,22,2525 (e) Requires an employer to violate federal law.
AB599-AA2,12
1Section 12. 77.52 (13) of the statutes is amended to read:
AB599-AA2,23,132 77.52 (13) For the purpose of the proper administration of this section and to
3prevent evasion of the sales tax it shall be presumed that all receipts are subject to
4the tax until the contrary is established. The burden of proving that a sale of tangible
5personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
6is not a taxable sale at retail is upon the person who makes the sale unless that
7person takes from the purchaser an electronic or a paper certificate, in a manner
8prescribed by the department, to the effect that the property, item, good, or service
9is purchased for resale or is otherwise exempt, except that no certificate is required
10for the sale of tangible personal property, or items, property, or goods under sub. (1)
11(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
12(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
13(51), (52), (66), and (67), and (70).
AB599-AA2,13 14Section 13. 77.53 (10) of the statutes is amended to read:
AB599-AA2,24,215 77.53 (10) For the purpose of the proper administration of this section and to
16prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
17tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
18(d), or taxable services sold by any person for delivery in this state is sold for storage,
19use, or other consumption in this state until the contrary is established. The burden
20of proving the contrary is upon the person who makes the sale unless that person
21takes from the purchaser an electronic or paper certificate, in a manner prescribed
22by the department, to the effect that the property, or items, property, or goods under
23s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
24exempt from the tax, except that no certificate is required for the sale of tangible
25personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or

1services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
2(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (70).
AB599-AA2,14 3Section 14. 77.54 (70) of the statutes is created to read:
AB599-AA2,24,64 77.54 (70) The sales price from the sales of and the storage, use, or other
5consumption of medical marijuana distributed by a dispensary licensed and
6operating under s. 73.17.
AB599-AA2,15 7Section 15. 108.04 (5) (a) (intro.) of the statutes is amended to read:
AB599-AA2,24,118 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable
9written policy concerning the use of alcohol beverages, or use of a controlled
10substance or a controlled substance analog, including a drug-free workplace policy,
11if the employee:
AB599-AA2,16 12Section 16. 111.32 (9m) of the statutes is created to read:
AB599-AA2,24,1313 111.32 (9m) “Lawful product” does not include medical marijuana.
AB599-AA2,17 14Section 17. 111.32 (12c) of the statutes is created to read:
AB599-AA2,24,1515 111.32 (12c) “Medical marijuana” has the meaning given in s. 73.18 (1) (e).
AB599-AA2,18 16Section 18. 111.34 (1) (b) of the statutes is amended to read:
AB599-AA2,24,2017 111.34 (1) (b) Refusing Subject to sub. (3), refusing to reasonably accommodate
18an employee's or prospective employee's disability unless the employer can
19demonstrate that the accommodation would pose a hardship on the employer's
20program, enterprise or business.
AB599-AA2,19 21Section 19. 111.34 (3) of the statutes is created to read:
AB599-AA2,24,2322 111.34 (3) Notwithstanding s. 111.322, this subchapter does not apply to any
23act of an employer based upon an individual's use of medical marijuana.
AB599-AA2,20 24Section 20. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
25created to read:
AB599-AA2,25,1
1chapter 139
AB599-AA2,25,22 subchapter Iv
AB599-AA2,25,33 medical marijuana tax
AB599-AA2,25,4 4139.97 Definitions. In this subchapter:
AB599-AA2,25,5 5(1) “Commission” means the medical marijuana regulatory commission.
AB599-AA2,25,6 6(2) “Department” means the department of revenue.
AB599-AA2,25,7 7(3) “Dispensary” has the meaning given in s. 73.17 (1) (c).
AB599-AA2,25,8 8(4) “Marijuana" has the meaning given in s. 961.01 (14).
AB599-AA2,25,9 9(5) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
AB599-AA2,25,10 10(6) “Processor" has the meaning given in s. 73.17 (1) (h).
AB599-AA2,25,11 11(7) “Producer” has the meaning given in s. 73.17 (1) (i).
AB599-AA2,25,14 12139.971 Medical marijuana tax. (1) An excise tax is imposed on a processor
13at the rate of 10 percent of the sales price on each wholesale sale in this state of
14medical marijuana to a dispensary.
AB599-AA2,25,19 15(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
16to the commission no later than the 15th day of the month following the month in
17which the person's tax liability is incurred and shall include with the payment a
18return on a form prescribed by the commission. The commission shall deposit all
19taxes collected under this section into the medical marijuana fund.
AB599-AA2,26,8 20(3) The commission may increase or decrease the rate under sub. (1) by
21submitting a request to the joint committee on finance. A request made under this
22subsection may not propose to increase or decrease the rate by more than a 5 percent
23increment. In addition to the proposed rate, the commission shall include in its
24request its rationale for the proposed rate, the impact that the proposed rate may
25have on the regulation of medical marijuana, and the first date on which the

1proposed rate would apply. If the cochairpersons of the joint committee on finance
2do not notify the commission that the committee has scheduled a meeting for the
3purpose of reviewing the request within 30 working days after the date of the
4submission, the commission may implement the proposal. If within 30 working days
5after the date of the submission, the cochairpersons of the committee notify the
6commission that the committee has scheduled a meeting for the purpose of reviewing
7the request, the commission may implement the proposal only upon approval of the
8committee.
AB599-AA2,26,16 9139.972 Records and reports. (1) Every producer and processor shall keep
10accurate and complete records of its production and sales of marijuana and medical
11marijuana in this state. The records shall be kept on the premises described in its
12license application under s. 73.17 and in such manner as to ensure permanency and
13accessibility for inspection at reasonable hours by the authorized personnel of the
14commission or department. The commission shall prescribe reasonable and uniform
15methods of keeping records and making reports and shall provide the necessary
16forms to producers and processors.
AB599-AA2,27,2 17(2) If the commission determines that any records of a producer or processor
18are not kept in the prescribed form or are in such condition that the commission
19requires an unusual amount of time to determine from the records the amount of the
20tax due, the commission shall give notice to the producer or processor that it is
21required to revise its records and keep them in the prescribed form. If the producer
22or processor fails to comply within 30 days, it shall pay the expenses reasonably
23attributable to a proper examination and tax determination at the rate of $30 per day
24for each auditor used to make the examination and determination. The commission

1shall send a bill for such expenses, and the producer or processor shall pay the
2amount of such bill within 10 days.
AB599-AA2,27,12 3(3) If any producer or processor fails to file a report when due, it shall be
4required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
5mailed in a properly addressed envelope with postage prepaid, the envelope is
6officially postmarked, or marked or recorded electronically as provided under section
77502 (f) (2) (C) of the Internal Revenue Code, on the date due, and the report is
8actually received by the commission or at the destination that the commission
9prescribes within 5 days of the due date. A report that is not mailed is timely if it
10is received on or before the due date by the commission or at the destination that the
11commission prescribes. For purposes of this subsection, “mailed" includes delivery
12by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
AB599-AA2,27,18 13(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
14to confidentiality of income, franchise, and gift tax returns, apply to any information
15obtained from any producer or processor under this subchapter on a tax return,
16report, schedule, exhibit, or other document or from an audit report relating to any
17of those documents, except that the commission shall publish production and sales
18statistics.
AB599-AA2,27,21 19139.973 Administration and enforcement. (1) The commission, in
20consultation with the department, shall administer and enforce this subchapter and
21promulgate rules necessary to administer and enforce this subchapter.
AB599-AA2,27,23 22(2) The duly authorized employees of the commission and the department have
23all necessary police powers to prevent violations of this subchapter.
AB599-AA2,28,5 24(3) Authorized personnel of the commission, the department of justice, and the
25department of revenue, and any law enforcement officer, within their respective

1jurisdictions, may at all reasonable hours enter the premises of any producer or
2processor and examine the books and records to determine whether the tax imposed
3by this subchapter has been fully paid and may enter and inspect any premises
4where marijuana or medical marijuana is produced, processed, made, sold, or stored
5to determine whether the producer or processor is complying with this subchapter.
AB599-AA2,28,9 6(4) The commission may suspend or revoke the license of any producer or
7processor who violates s. 100.30, any provision of this subchapter, or any rules
8promulgated under sub. (1). The commission shall revoke the permit of any producer
9or processor who violates s. 100.30 3 or more times within a 5-year period.
AB599-AA2,28,17 10(5) No suit shall be maintained in any court to restrain or delay the collection
11or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax
12when due and, if paid under protest, may at any time within 90 days from the date
13of payment sue the state to recover the tax paid. If it is finally determined that any
14part of the tax was wrongfully collected, the secretary of administration shall pay the
15amount wrongfully collected out of the medical marijuana fund. A separate suit need
16not be filed for each separate payment made by any taxpayer, but a recovery may be
17had in one suit for as many payments as may have been made.
AB599-AA2,28,23 18(6) (a) Any person may be compelled to testify in regard to any violation of this
19subchapter of which the person may have knowledge, even though such testimony
20may tend to incriminate the person, upon being granted immunity from prosecution
21in connection with such testimony. Upon the giving of the testimony under this
22paragraph, the person shall not be prosecuted because of the violation relative to
23which the person has testified.
AB599-AA2,28,2524 (b) The immunity provided under par. (a) is subject to the restrictions under
25s. 972.085.
AB599-AA2,29,2
1(7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed
2under this subchapter.
AB599-AA2,29,8 3(8) Sections 71.74 (1), (2), (10), (11), and (14), 71.77, 71.91 (1) (a) and (c) and
4(2) to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes
5under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes
6under ch. 71 applies to the collection of the taxes under this subchapter, except that
7the period during which notice of an additional assessment shall be given begins on
8the due date of the report under this subchapter.
AB599-AA2,29,12 9(9) Any building or place of any kind where marijuana or medical marijuana
10is sold, possessed, stored, or manufactured without a valid license under s. 73.17 or
11in violation of s. 139.972 is declared a public nuisance and may be closed and abated
12as such.
AB599-AA2,29,15 13(10) At the request of the commission chairperson or the secretary of revenue,
14the attorney general may represent this state or assist a district attorney in
15prosecuting any case arising under this subchapter.
AB599-AA2,29,23 16139.974 Theft of tax moneys. All medical marijuana tax moneys received by
17a producer or processor for the sale of marijuana or medical marijuana on which the
18tax under this subchapter has become due and has not been paid are trust funds in
19the possession of the producer or processor and are the property of this state. Any
20producer or processor who fraudulently withholds, appropriates, or otherwise uses
21medical marijuana tax moneys that are the property of this state is guilty of theft
22under s. 943.20 (1), whether or not the producer or processor has or claims to have
23an interest in those moneys.
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