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AB1040,26,11 10(9) Advertising prohibited. No licensed processor or laboratory may advertise
11its services.
AB1040,26,23 12(10) Enforcement and penalties. (a) Enforcement. The department may
13conduct investigations, hold hearings, and make findings as to whether a person has
14violated any provisions of this section or any rule promulgated under this section.
15If, after holding a public hearing, the department determines that a person has
16violated any provision of this section or any rule promulgated under this section, the
17department may impose a penalty pursuant to par. (b). If the department has reason
18to believe that a person has engaged in activities for which a license is required under
19this section without a license issued by the department, the department may petition
20the circuit court for a temporary restraining order or an injunction as provided in ch.
21813. The enforcement actions authorized under this paragraph are cumulative. The
22imposition of an enforcement action does not bar the imposition of any other
23enforcement action.
AB1040,27,3
1(b) Penalties. 1. If the department determines that a licensee has negligently
2violated this section, the department may establish, and the licensee shall comply
3with, a plan to correct the negligent violation, which shall include all of the following:
AB1040,27,54 a. A reasonable date by which the licensee is required to correct the negligent
5violation.
AB1040,27,86 b. A requirement that the licensee periodically report to the department on the
7compliance of the licensee with the department's plan for a period of not less than the
8following 2 years.
AB1040,27,109 2. The department may suspend or revoke the license of any licensee that
10violates any provision of this section or rules promulgated under this section.
AB1040,27,1511 3. a. Except as provided in subd. 3. b., any person who violates any provision
12of this section or any rules promulgated under this section may be required to forfeit
13not less than $200 nor more than $5,000 or, for an offense committed within 5 years
14of an offense for which a penalty has been assessed under this section, may be
15required to forfeit not less than $400 nor more than $10,000.
AB1040,27,1816 b. Any person who violates any provision of this section or any rules
17promulgated under this section by fraud shall be fined not less than $2,000 nor more
18than $10,000.
AB1040,27,2119 4. All of the remedies and penalties under this section shall be cumulative. No
20action for recovery of one penalty shall be a bar to or affect the recovery of any other
21penalty or be a bar to any criminal prosecution.
AB1040,20 22Section 20 . 106.50 (1) of the statutes is amended to read:
AB1040,28,1223 106.50 (1) Intent. It is the intent of this section to render unlawful
24discrimination in housing. It is the declared policy of this state that all persons shall
25have an equal opportunity for housing regardless of sex, race, color, sexual

1orientation, disability, religion, national origin, use of medical cannabis products, as
2defined in s. 94.57 (1) (f),
marital status, family status, status as a victim of domestic
3abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it is
4the duty of the political subdivisions to assist in the orderly prevention or removal
5of all discrimination in housing through the powers granted under ss. 66.0125 and
666.1011. The legislature hereby extends the state law governing equal housing
7opportunities to cover single-family residences that are owner-occupied. The
8legislature finds that the sale and rental of single-family residences constitute a
9significant portion of the housing business in this state and should be regulated.
10This section shall be considered an exercise of the police powers of the state for the
11protection of the welfare, health, peace, dignity, and human rights of the people of
12this state.
AB1040,21 13Section 21 . 106.50 (1m) (h) of the statutes is amended to read:
AB1040,28,2014 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
15a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
16because of sex, race, color, sexual orientation, disability, religion, national origin,
17marital status, or family status, ; status as a victim of domestic abuse, sexual assault,
18or stalking,; whether the person is included on the patient and caregiver registry
19under s. 259.04 or possesses or uses medical cannabis products in accordance with
20ch. 259;
lawful source of income,; age,; or ancestry.
AB1040,22 21Section 22 . 106.50 (1m) (nm) of the statutes is amended to read:
AB1040,29,222 106.50 (1m) (nm) “Member of a protected class" means a group of natural
23persons, or a natural person, who may be categorized because of sex, race, color,
24disability, sexual orientation, religion, national origin, use of medical cannabis

1products, as defined in s. 94.57 (1) (f),
marital status, family status, status as a victim
2of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.
AB1040,23 3Section 23 . 106.50 (5m) (f) 1. of the statutes is amended to read:
AB1040,29,94 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from
5requiring that a person who seeks to buy or rent housing supply information
6concerning family status, and marital, financial, and business status but not
7concerning race, color, disability, sexual orientation, ancestry, national origin, use of
8medical cannabis products, as defined in s. 94.57 (1) (f),
religion, creed, status as a
9victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.
AB1040,24 10Section 24 . 108.04 (5) (a) (intro.) of the statutes is amended to read:
AB1040,29,1511 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable
12written policy concerning the use of alcohol beverages, or use of a controlled
13substance or a controlled substance analog, including a drug-free workplace policy
14and a policy that includes testing for the presence of tetrahydrocannabinols,
if the
15employee:
AB1040,25 16Section 25 . 111.32 (9m) of the statutes is created to read:
AB1040,29,1717 111.32 (9m) “Lawful product” does not include a medical cannabis product.
AB1040,26 18Section 26 . 111.32 (12c) of the statutes is created to read:
AB1040,29,2019 111.32 (12c) “Medical cannabis product” has the meaning given in s. 94.57 (1)
20(f).
AB1040,27 21Section 27 . 111.34 (1) (b) of the statutes is amended to read:
AB1040,29,2522 111.34 (1) (b) Refusing Subject to sub. (3), refusing to reasonably accommodate
23an employee's or prospective employee's disability unless the employer can
24demonstrate that the accommodation would pose a hardship on the employer's
25program, enterprise or business.
AB1040,28
1Section 28. 111.34 (3) of the statutes is created to read:
AB1040,30,52 111.34 (3) (a) Notwithstanding s. 111.322, this subchapter does not apply with
3respect to any act of an employer based upon an individual's use of a medical
4cannabis product, the individual's other use of cannabis, as defined in s. 94.57 (1) (a),
5or the individual testing positive for the presence of tetrahydrocannabinols.
AB1040,30,106 (b) Nothing in this subchapter requires an employer to permit, accommodate,
7or allow the medical use of a medical cannabis product, or to modify any job or
8working conditions of any employee who engages in the medical use of medical
9cannabis products or who for any reason seeks to engage in the medical use of
10medical cannabis products.
AB1040,30,1811 (c) Nothing in this subchapter prohibits an employer from refusing to hire,
12terminating, discharging, disciplining, or otherwise discriminating against an
13individual with respect to hiring, discharging, tenure, promotion, or compensation,
14or in terms, conditions, or privileges of employment as a result, in whole or in part,
15of the individual's medical use of a medical cannabis product, the individual's other
16use of cannabis, as defined in s. 94.57 (1) (a), or the individual testing positive for the
17presence of tetrahydrocannabinols, regardless of any impairment or lack of
18impairment resulting therefrom.
AB1040,29 19Section 29. 175.60 (2) (b) of the statutes is amended to read:
AB1040,30,2520 175.60 (2) (b) The department may not impose conditions, limitations, or
21requirements that are not expressly provided for in this section on the issuance,
22scope, effect, or content of a license. The department may not refuse to issue or renew
23a license, or may not suspend or revoke a license, solely because of an individual's
24lawful use or possession of a medical cannabis product under s. 94.57 or ch. 259 or
25because the individual is a registered patient, as defined in s. 961.01 (20hm).
AB1040,30
1Section 30. 224.30 (6) of the statutes is created to read:
AB1040,31,42 224.30 (6) Providing financial services to lawful cannabis-related
3businesses.
(a) In this subsection, “financial institution” has the meaning given in
4s. 943.80 (2).
AB1040,31,115 (b) Neither the division nor the office of credit unions may take adverse action
6against a financial institution or person acting on behalf of or providing services to
7a financial institution solely on the basis that the financial institution or person
8receives deposits, extends credit, conducts funds transfers, transports cash or other
9financial instruments, or provides other financial services to a cannabis grower,
10processor, or laboratory licensed under s. 94.57 or a medical cannabis dispensary
11operating pursuant to s. 259.10.
AB1040,31 12Section 31 . 224.77 (1) (o) of the statutes is amended to read:
AB1040,31,2013 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan
14originator, or mortgage broker, except in relation to housing designed to meet the
15needs of elderly individuals, treat a person unequally solely because of sex, race,
16color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national
17origin, use of medical cannabis products, as defined in s. 94.57 (1) (f), age, or ancestry,
18the person's lawful source of income, or the sex, marital status, or status as a victim
19of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the
20person maintaining a household.
AB1040,32 21Section 32 . 234.29 of the statutes is amended to read:
AB1040,32,4 22234.29 Equality of occupancy and employment. The authority shall
23require that occupancy of housing projects assisted under this chapter be open to all
24regardless of sex, race, use of medical cannabis products, as defined in s. 94.57 (1)
25(f),
religion, sexual orientation, status as a victim of domestic abuse, sexual assault,

1or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors and
2subcontractors engaged in the construction of economic development or housing
3projects, shall provide an equal opportunity for employment, without discrimination
4as to sex, race, religion, sexual orientation, or creed.
AB1040,33 5Section 33. Chapter 259 of the statutes is created to read:
AB1040,32,66 chapter 259
AB1040,32,77 medical cannabis
AB1040,32,8 8259.01 Definitions. In this chapter:
AB1040,32,9 9(1) “Cannabis” has the meaning given for “marijuana” in s. 961.01 (14).
AB1040,32,10 10(1m) “Department” means the department of health services.
AB1040,32,14 11(2) “Dispensary” means an entity operated by the office to purchase packaged
12and labeled medical cannabis products from a processor licensed under s. 94.57 (5)
13and to sell medical cannabis products to patients and caregivers who hold a valid
14registry identification card issued by the office.
AB1040,32,15 15(3) “Grower” has the meaning given in s. 94.57 (1) (b).
AB1040,32,16 16(4) “Laboratory” has the meaning given in s. 94.57 (1) (c).
AB1040,32,17 17(5) “Legal custody” has the meaning given in s. 767.001 (2).
AB1040,32,18 18(7) “Medical cannabis product” has the meaning given in s. 94.57 (1) (f).
AB1040,32,19 19(8) “Office” means the office of medical cannabis regulation.
AB1040,32,21 20(9) “Patient” means an individual who holds a valid registry identification card
21under s. 259.04 to use medical cannabis products.
AB1040,32,22 22(10) “Pharmacist” has the meaning given in s. 450.01 (15).
AB1040,32,23 23(11) “Prescriber” means all of the following:
AB1040,32,2424 (a) An advanced practice nurse prescriber certified under s. 441.16 (2).
AB1040,32,2525 (b) A physician licensed under s. 448.02.
AB1040,33,1
1(c) A physician assistant licensed under s. 448.974.
AB1040,33,2 2(12) “Processor” has the meaning given in s. 94.57 (1) (g).
AB1040,33,8 3(13) “Resident” means an individual who maintains his or her place of
4permanent abode in this state. Domiciliary intent is required to establish that a
5person is maintaining his or her place of permanent abode in this state. Mere
6ownership of property is not sufficient to establish domiciliary intent. Evidence of
7domiciliary intent includes the location where the individual votes, pays personal
8income taxes, or obtains a driver's license.
AB1040,33,9 9(14) “Residential care facility” means all of the following:
AB1040,33,1010 (a) A nursing home, as defined in s. 50.01 (3).
AB1040,33,1111 (b) An adult family home, as defined in s. 50.01 (1).
AB1040,33,1212 (c) A community-based residential facility, as defined in s. 50.01 (1g).
AB1040,33,1313 (d) A residential care apartment complex, as defined in s. 50.01 (6d).
AB1040,33,1414 (e) A hospice, as defined in s. 50.90 (1).
AB1040,33,1515 (f) A facility, as defined in s. 647.01 (4).
AB1040,33,1716 (g) A swing bed in an acute care facility or extended care facility, as specified
17in 42 USC 1395tt.
AB1040,33,20 18(15) “Severe chronic pain” means pain that dominates the senses, that
19interferes with the essential activities for daily living, that has persisted for at least
203 months, and that is not responsive to or appropriate for other therapies.
AB1040,33,25 21259.02 Possession and sale prohibited. No person may possess, sell,
22transfer, or transport cannabis or medical cannabis products unless the person is
23licensed under s. 94.57, the person holds a valid registry identification card issued
24by the office under s. 259.04, or the person is an agent or employee of a dispensary
25operating pursuant to s. 259.10.
AB1040,34,2
1259.03 Office of medical cannabis regulation. (1) The office shall oversee
2and regulate the dispensing of medical cannabis products.
AB1040,34,5 3(2) The office shall promulgate rules establishing safety and security
4requirements for the premises of dispensaries that handle cannabis or medical
5cannabis products.
AB1040,34,9 6(3) Annually, no later than October 15, the office shall submit a report to the
7chief clerk of each house of the legislature for distribution to the legislature under
8s. 13.172 (2) on the performance of the medical cannabis program under this chapter.
9The report shall include information on all of the following:
AB1040,34,1110 (a) The number of patients included in the patient and caregiver registry under
11s. 259.04.
AB1040,34,1412 (b) The medical conditions that have qualified patients for inclusion in the
13patient and caregiver registry under s. 259.04 expressed as a total number and a
14percentage of all the patients included on the patient and caregiver registry.
AB1040,34,1515 (c) The number of doses and type of medical cannabis products dispensed.
AB1040,34,1716 (d) The residency by county of patients who possess a valid patient registry
17identification card under s. 259.04.
AB1040,34,2018 (e) The expenses and revenues of the program over the previous year, all funds
19held in reserve for the program, and an estimation of the expenses and revenues of
20the program over the following year.
AB1040,34,24 21(4) The office shall ensure that any information that is in the office's possession
22and that could create a security risk if disclosed is confidential and not open to public
23inspection or copying under s. 19.35 (1), except that it shall be made available to a
24law enforcement agency or law enforcement officer.
AB1040,35,7
1259.04 Patient and caregiver registry. (1) The office shall create and
2maintain a registry that includes all patients and caregivers authorized to possess
3medical cannabis products pursuant to this chapter. The registry shall be an
4electronic system accessible online by authorized users. The office shall add an
5individual as a patient to the registry, and issue the individual a registry
6identification card and unique identification code, if the individual submits all of the
7following:
AB1040,35,88 (a) The individual's name, address, and contact information.
AB1040,35,99 (b) Proof that the individual is a resident.
AB1040,35,1310 (c) Proof that the individual is at least 18 years of age or, if the individual is
11under the age of 18, written consent from all parents or, if legal custody of the
12individual has been awarded by a court, from all persons awarded legal custody of
13the individual to be included in the patient and caregiver registry.
AB1040,35,1514 (d) If the individual has previously been convicted of a crime, proof that the
15individual is not on parole, probation, or extended supervision.
AB1040,35,2016 (e) A written confirmation from a prescriber that the prescriber has established
17a bona fide relationship with the individual, met with the individual in person,
18reviewed the individual's health care records, performed any tests to identify the
19presence of a medical condition to a reasonable degree of medical certainty, and
20determined that the individual has at least one of the following medical conditions:
AB1040,35,2121 1. Cancer.
AB1040,35,2222 2. HIV or AIDS.
AB1040,35,2323 3. Seizures and epilepsy.
AB1040,35,2424 4. Post-traumatic stress disorder.
AB1040,35,2525 5. Alzheimer's disease.
AB1040,36,1
16. Glaucoma.
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