SB1034: Bill Text

SB1034,21,14 3. Crohn's disease.

SB1034,21,15 4. Glaucoma.

SB1034,21,16 5. HIV/AIDS.

SB1034,21,17 6. Multiple sclerosis.

SB1034,21,18 7. Post-traumatic stress disorder.

SB1034,21,19 8. Seizure disorders.

SB1034,21,22 9. Any other medical condition designated as a qualifying medical condition in rules promulgated by the commission in consultation with the medical examining board and only with the approval of all members of the commission.

SB1034,21,23 (j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).

SB1034,21,25 (k) “Registrant” means a person to whom a registry identification card is issued under sub. (3).

SB1034,22,2 (L) “Registry identification card” means a document issued by the commission under sub. (3) that identifies a person as a qualifying patient or primary caregiver.

SB1034,22,6 (2) Recommendations; requirements and limitations. (a) A physician, physician assistant, or certified advanced practice nurse prescriber who is certified under par. (d) may recommend the use of medical marijuana to treat a patient if all of the following apply:

SB1034,22,10 1. The patient has been diagnosed with a qualifying medical condition and the physician, physician assistant, or certified advanced practice nurse prescriber advises the use of medical marijuana to treat that condition or the symptoms of that condition.

SB1034,22,13 2. A health care provider-patient relationship has been established between the physician, physician assistant, or certified advanced practice nurse prescriber and the patient through all of the following:

SB1034,22,15 a. An in-person physical examination of the patient by the physician, physician assistant, or certified advanced practice nurse prescriber.

SB1034,22,17 b. A review of the patient's medical history by the physician, physician assistant, or certified advanced practice nurse prescriber.

SB1034,22,21 c. An expectation of the physician, physician assistant, or certified advanced practice nurse prescriber providing care to the patient, and the patient receiving care from the physician, physician assistant, or certified advanced practice nurse prescriber, on an ongoing basis.

SB1034,22,24 3. If the patient is a minor, the physician, physician assistant, or certified advanced practice nurse prescriber has obtained the consent of the patient's parent, guardian, or legal custodian.

SB1034,23,6 (b) A physician, physician assistant, or certified advanced practice nurse prescriber may not recommend the use of medical marijuana under this subsection for himself or herself or to any member of his or her immediate family or household. A physician, physician assistant, or certified advanced practice nurse prescriber may not have any financial interest in a medical marijuana producer, processor, or dispensary.

SB1034,23,12 (c) When recommending the use of medical marijuana, a physician, physician assistant, or certified advanced practice nurse prescriber shall include on the recommendation the patient's name, the name of the recommending physician, physician assistant, or certified advanced practice nurse prescriber, and a recommended usage and shall specify any other information required in rules promulgated by the commission, in consultation with the medical examining board.

SB1034,24,3 (d) The commission shall establish procedures for physicians, physician assistants, and certified advanced practice nurse prescribers to apply for certification and to be certified to recommend the use of medical marijuana under this section. An applicant for certification under this paragraph shall provide the applicant's name, office address, contact information, and medical license number. The applicant shall also provide written documentation that the applicant is authorized to dispense controlled substances under 21 USC 821 to 832 and provide on the application the applicant's registration number issued by the U.S. drug enforcement administration. In addition, the applicant shall provide written documentation that the applicant has completed at least 4 hours of continuing education to assist in diagnosing qualifying medical conditions and treating such conditions with medical marijuana. A person certified in accordance with this paragraph shall keep complete and accurate records of the recommendations made and the qualifying patients for whom the recommendations are made under this section and shall report to the commission, at the commission's request, the number of recommendations made and for whom.

SB1034,24,7 (3) Application; registry identification card. (a) An applicant who is a qualifying patient may apply for a registry identification card by submitting to the commission a signed application form containing or accompanied by all of the following:

SB1034,24,8 1. His or her name, address, and date of birth.

SB1034,24,10 2. A written recommendation provided under sub. (2) that is no more than 30 days old as of the date the application is filed.

SB1034,24,13 3. The name, address, and telephone number of the physician, physician assistant, or certified advanced practice nurse prescriber who provided the recommendation.

SB1034,24,14 4. A registration fee in an amount determined by the commission.

SB1034,25,2 (b) 1. A registrant or applicant who is a qualifying patient may jointly apply to the commission with another person for a registry identification card for the other person and designate the other person as a primary caregiver for the registrant or applicant if the other person is at least 21 years of age and, notwithstanding ss. 111.321, 111.322, and 111.335, has never been convicted of a criminal 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. The department of justice shall provide information to the commission necessary to determine whether this requirement is met. Both persons who jointly apply for a registry identification card under this subdivision shall sign the application form, which shall contain the name, address, and date of birth of the individual applying to be registered as a primary caregiver.

SB1034,25,5 2. Except as provided under par. (c), a registrant or an applicant who is a qualifying patient may designate only one primary caregiver under subd. 1., unless the commission grants an exception to allow for an additional designation.

SB1034,25,9 3. A primary caregiver designated by a person under subd. 1. may not be designated as a primary caregiver for more than one qualifying patient or applicant unless the patients or applicants live in the same residence or unless the commission otherwise allows.

SB1034,25,16 (c) The commission shall promulgate rules specifying how a parent, guardian, or legal custodian of a minor may apply for a registry identification card for himself or herself and for the minor and the circumstances under which the commission may approve or deny the application. The commission shall require a minor who is a qualifying patient or applicant to have the minor's parent, guardian, or legal custodian designated as a primary caregiver under par. (b). Notwithstanding par. (b) 2., a minor may designate both parents as primary caregivers.

SB1034,25,18 (d) A registry identification card issued under this subsection expires after one year.

SB1034,25,21 (e) A registrant, whether a qualifying patient or primary caregiver, may not plant, grow, cultivate, or harvest marijuana without a valid producer license under s. 73.17.

SB1034,25,24 (f) An applicant who is a qualifying patient must have resided in the state, in accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days before submitting an application to the commission under this subsection.

SB1034,26,3 (g) A person may not register as a qualifying patient or primary caregiver or hold a registry identification card while serving a term of imprisonment or while on parole or probation.

SB1034,26,4 (h) The commission shall maintain a list of all registrants.

SB1034,26,7 (i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission may not disclose information from an application submitted or a registry identification card issued under this subsection.

SB1034,26,11 (j) The commission may disclose to state or local law enforcement agencies information from an application submitted by or from a registry identification card issued to a specific person under this subsection for the purpose of verifying that the person possesses a valid registry identification card.

SB1034,26,15 (k) A person who holds a registry identification card may only purchase or use medical marijuana that has been produced, processed, distributed, and dispensed as provided under this section and s. 73.17 and for which the taxes have been paid as provided under subch. IV of ch. 139.

SB1034,26,19 (L) A person who holds a registry identification card may only possess a 30-day supply of individual doses of medical marijuana, except that during the last 7 days of any such 30-day period, the person may obtain and possess a 30-day supply for the subsequent 30-day period.

SB1034,26,21 (4) Rules. The commission shall promulgate rules to implement this section, including rules that do all of the following:

SB1034,26,22 (a) Establish a timeline for approving or denying applications under sub. (3).

SB1034,26,23 (b) Set the amount of fees to be submitted with applications.

SB1034,26,25 (c) Establish any other rules necessary for the administration of the registry under sub. (3), including issuance of registry identification cards.

SB1034,27,2 (5) Effect of this section; employment. Nothing in this section does any of the following:

SB1034,27,5 (a) Requires an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or cultivation of medical marijuana at a place of employment by an employee.

SB1034,27,7 (b) Interferes with an employer's ability to prohibit the use, possession, or sale of medical marijuana at a place of employment by an employee.

SB1034,27,8 (c) Provides a cause of action against an employer.

SB1034,27,10 (d) Limits an employer's ability to establish and enforce a drug-free workplace policy.

SB1034,27,11 (e) Requires an employer to violate federal law.

SB1034,12 Section 12 . 77.52 (13) of the statutes is amended to read:

SB1034,27,24 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (66), and (67), and (70).

SB1034,13 Section 13 . 77.53 (10) of the statutes is amended to read:

SB1034,28,13 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by the department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (70).

SB1034,14 Section 14 . 77.54 (70) of the statutes is created to read:

SB1034,28,17 77.54 (70) The sales price from the sales of and the storage, use, or other consumption of medical marijuana distributed by a dispensary licensed and operating under s. 73.17.

SB1034,15 Section 15 . 108.04 (5) (a) (intro.) of the statutes is amended to read:

SB1034,28,22 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable written policy concerning the use of alcohol beverages, or use of a controlled substance or a controlled substance analog, including a drug-free workplace policy, if the employee:

SB1034,16 Section 16 . 111.32 (9m) of the statutes is created to read:

SB1034,28,24 111.32 (9m) “Lawful product” does not include medical marijuana.

SB1034,17 Section 17 . 111.32 (12c) of the statutes is created to read:

SB1034,29,1 111.32 (12c) “Medical marijuana” has the meaning given in s. 73.18 (1) (e).

SB1034,18 Section 18 . 111.34 (1) (b) of the statutes is amended to read:

SB1034,29,6 111.34 (1) (b) Refusing Subject to sub. (3), refusing to reasonably accommodate an employee's or prospective employee's disability unless the employer can demonstrate that the accommodation would pose a hardship on the employer's program, enterprise or business.

SB1034,19 Section 19 . 111.34 (3) of the statutes is created to read:

SB1034,29,9 111.34 (3) Notwithstanding s. 111.322, this subchapter does not apply to any act of an employer based upon an individual's use of medical marijuana.

SB1034,20 Section 20 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is created to read:

SB1034,29,12 chapter 139

SB1034,29,13 subchapter Iv

SB1034,29,14 medical marijuana tax

SB1034,29,15 139.97 Definitions. In this subchapter:

SB1034,29,16 (1) “Commission” means the medical marijuana regulatory commission.

SB1034,29,17 (2) “Department” means the department of revenue.

SB1034,29,18 (3) “Dispensary” has the meaning given in s. 73.17 (1) (c).

SB1034,29,19 (4) “Marijuana" has the meaning given in s. 961.01 (14).

SB1034,29,20 (5) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).

SB1034,29,21 (6) “Processor" has the meaning given in s. 73.17 (1) (h).

SB1034,29,22 (7) “Producer” has the meaning given in s. 73.17 (1) (i).

SB1034,29,25 139.971 Medical marijuana tax. (1) An excise tax is imposed on a processor at the rate of 10 percent of the sales price on each wholesale sale in this state of medical marijuana to a dispensary.

SB1034,30,5 (2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes to the commission no later than the 15th day of the month following the month in which the person's tax liability is incurred and shall include with the payment a return on a form prescribed by the commission. The commission shall deposit all taxes collected under this section into the medical marijuana fund.

SB1034,30,19 (3) The commission may increase or decrease the rate under sub. (1) by submitting a request to the joint committee on finance. A request made under this subsection may not propose to increase or decrease the rate by more than a 5 percent increment. In addition to the proposed rate, the commission shall include in its request its rationale for the proposed rate, the impact that the proposed rate may have on the regulation of medical marijuana, and the first date on which the proposed rate would apply. If the cochairpersons of the joint committee on finance do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the request within 30 working days after the date of the submission, the commission may implement the proposal. If within 30 working days after the date of the submission, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the request, the commission may implement the proposal only upon approval of the committee.

SB1034,31,2 139.972 Records and reports. (1) Every producer and processor shall keep accurate and complete records of its production and sales of marijuana and medical marijuana in this state. The records shall be kept on the premises described in its license application under s. 73.17 and in such manner as to ensure permanency and accessibility for inspection at reasonable hours by the authorized personnel of the commission or department. The commission shall prescribe reasonable and uniform methods of keeping records and making reports and shall provide the necessary forms to producers and processors.

SB1034,31,12 (2) If the commission determines that any records of a producer or processor are not kept in the prescribed form or are in such condition that the commission requires an unusual amount of time to determine from the records the amount of the tax due, the commission shall give notice to the producer or processor that it is required to revise its records and keep them in the prescribed form. If the producer or processor fails to comply within 30 days, it shall pay the expenses reasonably attributable to a proper examination and tax determination at the rate of $30 per day for each auditor used to make the examination and determination. The commission shall send a bill for such expenses, and the producer or processor shall pay the amount of such bill within 10 days.

SB1034,31,22 (3) If any producer or processor fails to file a report when due, it shall be required to pay a late filing fee of $10. A report that is mailed is filed on time if it is mailed in a properly addressed envelope with postage prepaid, the envelope is officially postmarked, or marked or recorded electronically as provided under section 7502 (f) (2) (C) of the Internal Revenue Code, on the date due, and the report is actually received by the commission or at the destination that the commission prescribes within 5 days of the due date. A report that is not mailed is timely if it is received on or before the due date by the commission or at the destination that the commission prescribes. For purposes of this subsection, “mailed" includes delivery by a delivery service designated under section 7502 (f) of the Internal Revenue Code.

SB1034,32,3 (4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality of income, franchise, and gift tax returns, apply to any information obtained from any producer or processor under this subchapter on a tax return, report, schedule, exhibit, or other document or from an audit report relating to any of those documents, except that the commission shall publish production and sales statistics.

SB1034,32,6 139.973 Administration and enforcement. (1) The commission, in consultation with the department, shall administer and enforce this subchapter and promulgate rules necessary to administer and enforce this subchapter.

SB1034,32,8 (2) The duly authorized employees of the commission and the department have all necessary police powers to prevent violations of this subchapter.

SB1034,32,15 (3) Authorized personnel of the commission, the department of justice, and the department of revenue, and any law enforcement officer, within their respective jurisdictions, may at all reasonable hours enter the premises of any producer or processor and examine the books and records to determine whether the tax imposed by this subchapter has been fully paid and may enter and inspect any premises where marijuana or medical marijuana is produced, processed, made, sold, or stored to determine whether the producer or processor is complying with this subchapter.

SB1034,32,19 (4) The commission may suspend or revoke the license of any producer or processor who violates s. 100.30, any provision of this subchapter, or any rules promulgated under sub. (1). The commission shall revoke the permit of any producer or processor who violates s. 100.30 3 or more times within a 5-year period.

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.