SB1035: Bill Text

SB1035,14,11 5. The ability of the applicant to keep records confidential and maintain a safe and secure facility.

SB1035,14,12 6. The ability of the applicant to abide by the prohibitions under sub. (3) (b).

SB1035,14,21 (8) Laboratories. The department shall register entities as medical cannabis testing laboratories. The department may not register a laboratory if any principal officer or board member of the entity has any financial interest in a licensee or an applicant for a license under this section. A registered laboratory may obtain samples of medical cannabis from a licensed processor; test and certify the tetrahydrocannabinol content of the medical cannabis and whether the medical cannabis contains any contaminants; and engage in any related activities that are necessary for the operation, such as possessing, storing, and transporting the medical cannabis. Registered laboratories shall perform the following services:

SB1035,14,23 (a) Testing medical cannabis for potency and for mold, fungus, pesticides, and other contaminants.

SB1035,14,25 (b) Researching findings related to medical cannabis, including findings that identify potentially unsafe levels of contaminants.

SB1035,15,2 (c) Providing training to persons who hold registry identification cards, treatment teams, and persons employed by licensees on all of the following:

SB1035,15,4 1. The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of medical cannabis.

SB1035,15,5 2. Security and inventory accountability procedures.

SB1035,15,6 3. The most recent research on medical cannabis.

SB1035,15,10 (9) Confidentiality. The department may disclose to a law enforcement agency only information necessary to verify that a licensee has a valid license issued under this section, an entity is complying with rules promulgated under sub. (11), or a laboratory is registered under sub. (8).

SB1035,15,13 (10) Inspections. The department may inspect, without prior notice, the premises of an applicant, licensee, or registered laboratory and any records required to be retained by a licensee or registered laboratory.

SB1035,15,17 (11) Rules. (a) The department shall promulgate rules to administer and enforce this section. Rules promulgated under this subsection shall be designed to promote and prioritize producers, processors, and dispensaries that are small, local organizations.

SB1035,16,5 (b) When promulgating rules under this subsection, the department may, as necessary, use the procedure under s. 227.24 to promulgate emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and subsequent emergency rules promulgated under this subsection remain in effect until the date on which permanent rules take effect. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

SB1035,18 Section 18 . 101.123 (1) (h) (intro.) of the statutes is amended to read:

SB1035,16,8 101.123 (1) (h) (intro.) “Smoking" means burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco or cannabis:

SB1035,19 Section 19 . 102.43 (9) (e) of the statutes is amended to read:

SB1035,16,13 102.43 (9) (e) The employee's employment with the employer has been suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee's work, subject to s. 108.04 (5m).

SB1035,20 Section 20 . 106.50 (1m) (h) of the statutes is amended to read:

SB1035,16,22 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, or family status, ; status as a victim of domestic abuse, sexual assault, or stalking,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); lawful source of income,; age,; or ancestry.

SB1035,21 Section 21 . 108.04 (5m) of the statutes is created to read:

SB1035,16,24 108.04 (5m) Use of medical cannabis. (a) In this subsection:

SB1035,16,25 1. “Medical cannabis” has the meaning given in s. 94.57 (1) (f).

SB1035,17,1 2. “Registry identification card” has the meaning given in s. 146.44 (1) (g).

SB1035,17,2 3. “Written certification” has the meaning given in s. 146.44 (1) (h).

SB1035,17,4 (b) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not include any of the following:

SB1035,17,8 1. A positive test for cannabis components or metabolites, in the absence of other actions or conduct that constitutes misconduct under sub. (5). This subdivision applies only with respect to an employee with a valid written certification and a valid registry identification card.

SB1035,17,10 2. A violation of the employer's policy concerning the use of cannabis, if all of the following apply:

SB1035,17,12 a. The employee was using medical cannabis in accordance with a valid written certification.

SB1035,17,13 b. The employee held a valid registry identification card.

SB1035,17,15 c. The employee did not use or possess medical cannabis on the employer's premises or during working hours.

SB1035,17,17 d. The use did not impair the individual's ability to adequately perform the job-related responsibilities of that individual's employment.

SB1035,17,19 (c) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does not include any of the following:

SB1035,17,23 1. A positive test for cannabis components or metabolites, in the absence of other acts or omissions that constitute substantial fault under sub. (5). This subdivision applies only with respect to an employee with a valid written certification and a valid registry identification card.

SB1035,17,25 2. A violation of the employer's policy concerning the use of cannabis, if all of the following apply:

SB1035,18,2 a. The employee was using medical cannabis in accordance with a valid written certification.

SB1035,18,3 b. The employee held a valid registry identification card.

SB1035,18,5 c. The employee did not use or possess medical cannabis on the employer's premises or during working hours.

SB1035,18,7 d. The use did not impair the individual's ability to adequately perform the job-related responsibilities of that individual's employment.

SB1035,22 Section 22 . 111.32 (15) of the statutes is created to read:

SB1035,18,14 111.32 (15) “Use of a lawful product off the employer's premises during nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f), off the employer's premises during nonworking hours but only if such use is in accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the use is by an individual who holds a valid registry identification card, as defined in s. 146.44 (1) (g).

SB1035,23 Section 23 . 111.34 (1) (c) of the statutes is created to read:

SB1035,18,22 111.34 (1) (c) 1. Except as provided in subd. 2., refusing to hire or employ, barring, suspending, or terminating an individual, or discriminating against an individual in promotion, in compensation, or in terms, conditions, or privileges of employment, based on the individual's use of medical cannabis, as defined in s. 94.57 (1) (f), if such use is in accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the individual holds a valid registry identification card, as defined in s. 146.44 (1) (g).

SB1035,18,23 2. Subdivision 1. does not apply if any of the following applies:

SB1035,18,25 a. The employee uses or possesses medical cannabis on the employer's premises or during working hours.

SB1035,19,2 b. The use impairs the individual's ability to undertake adequately the job-related responsibilities of that individual's employment.

SB1035,19,5 c. The refusal, bar, suspension, termination, or discrimination is necessary for the employer to avoid losing a monetary or licensing-related benefit under federal law or regulations.

SB1035,24 Section 24 . 111.35 (2) (e) of the statutes is amended to read:

SB1035,19,10 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation. This paragraph does not apply with respect to any conflict between the use of medical cannabis described in s. 111.32 (15) and violations concerning marijuana or tetrahydrocannabinols under 21 USC 841 to 865.

SB1035,25 Section 25 . 111.35 (2) (f) of the statutes is created to read:

SB1035,19,14 111.35 (2) (f) In the case of use of medical cannabis described in s. 111.32 (15), would result in the employer losing a monetary or licensing-related benefit under federal law or regulations.

SB1035,26 Section 26 . 146.44 of the statutes is created to read:

SB1035,19,17 146.44 Medical cannabis registry program. (1) Definitions. In this section:

SB1035,19,19 (a) “Applicant" means a person who is applying for a registry identification card under sub. (2) (a) or (ac).

SB1035,19,21 (ag) “Bona fide practitioner-patient relationship" means a relationship between a practitioner and a patient that includes all of the following:

SB1035,19,23 1. An assessment of the patient's medical history and current medical condition by the practitioner, including an in-person physical examination if appropriate.

SB1035,19,25 2. A consultation between the practitioner and the patient with respect to the patient's debilitating medical condition or treatment.

SB1035,20,2 3. Availability by the practitioner to provide follow-up care and treatment to the patient, including patient examinations.

SB1035,20,3 (b) “Debilitating medical condition or treatment" means any of the following:

SB1035,20,9 1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for the presence of human immunodeficiency virus, antigen or nonantigenic products of human immunodeficiency virus, or an antibody to human immunodeficiency virus, Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amyotrophic lateral sclerosis, nail-patella syndrome, Ehlers-Danlos syndrome, post-traumatic stress disorder, or the treatment of these conditions.

SB1035,20,10 2. Opioid abatement or reduction or treatment for opioid addiction.

SB1035,20,14 3. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB1035,20,17 4. Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department under s. 961.436 (5).

SB1035,20,18 (c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).

SB1035,20,20 (cm) “Out-of-state registry identification card" means a document that is valid as provided under sub. (7) (f).

SB1035,20,23 (cp) “Practitioner” means a person licensed as a physician, as defined in s. 448.01 (5), a physician assistant, or an advanced practice nurse prescriber certified under s. 441.16 (2).

SB1035,20,25 (d) “Primary caregiver" means a person who has agreed to help a qualifying patient use or acquire medical cannabis and who has a registry identification card.

SB1035,21,4 (e) “Qualifying patient" means a person who has been diagnosed in the course of a bona fide practitioner-patient relationship as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

SB1035,21,7 1. The person's practitioner has explained the potential risks and benefits of using medical cannabis to the person and to a parent, guardian, or person having legal custody of the person.

SB1035,21,9 2. The parent, guardian, or person having legal custody of the person provides to the practitioner a written statement consenting to do all of the following:

SB1035,21,10 a. Allow the person to use medical cannabis.

SB1035,21,11 b. Serve as a primary caregiver for the person.

SB1035,21,12 c. Manage the person's use of medical cannabis.

SB1035,21,13 (f) “Registrant" means a person to whom a registry identification card is issued.

SB1035,21,15 (g) “Registry identification card" means a document issued by the department under sub. (4) that identifies a person as a qualifying patient or primary caregiver.

SB1035,21,17 (h) “Written certification" means a statement written by a person's practitioner if all of the following apply:

SB1035,21,21 1. The statement indicates that, in the practitioner's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of using medical cannabis would likely outweigh the health risks for the person.

SB1035,21,23 2. The statement indicates that the opinion described in subd. 1. was made in the course of a bona fide practitioner-patient relationship.

SB1035,21,25 3. The statement is signed by the practitioner or is contained in the person's medical records.

SB1035,22,3 (1m) Practitioner restrictions. (a) No practitioner may provide himself or herself or any member of his or her family with a written certification for submission with an application under sub. (2).

SB1035,22,6 (b) No practitioner who provides a written certification under this section may have a financial interest in any way connected to a person or entity that produces, processes, dispenses, or tests cannabis.

SB1035,22,9 (2) Application. (a) An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department all of the following:

SB1035,22,11 1. A signed application form that contains the applicant's name, address, and date of birth.

SB1035,22,12 2. A written certification.

SB1035,22,14 3. The name, address, and telephone number of the applicant's current practitioner, as listed in the written certification.

SB1035,22,19 4. A registration fee in an amount determined by the department but not to exceed $150, except that for an applicant who is a recipient of medical assistance under subch. IV of ch. 49, is receiving benefits under the federal social security disability insurance program under 42 USC 423 or the federal supplemental security income program under 42 USC 1381, or is a veteran, the fee shall be $50.

SB1035,22,22 (ac) A person who is at least 21 years of age may apply for a registry identification card as a primary caregiver by submitting to the department all of the following:

SB1035,22,24 1. A signed application form that contains the applicant's name, address, and date of birth.

SB1035,23,2 2. A copy of a written certification or copy of a registration identification card for each qualifying patient for whom the applicant will be the primary caregiver.

SB1035,23,3 3. A registration fee of $250.