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AB546-AA3,14,4
1102.43 (9) (e) The employee's employment with the employer has been
2suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial
3fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee's
4work, subject to s. 108.04 (5m).
AB546-AA3,20 5Section 20. 106.50 (1m) (h) of the statutes is amended to read:
AB546-AA3,14,136 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
7a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
8because of sex, race, color, sexual orientation, disability, religion, national origin,
9marital status, or family status, ; status as a victim of domestic abuse, sexual assault,
10or stalking,; whether the person holds, or has applied for, a registry identification
11card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as
12defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined
13in s. 961.01 (20t);
lawful source of income,; age,; or ancestry.
AB546-AA3,21 14Section 21. 108.04 (5m) of the statutes is created to read:
AB546-AA3,14,1515 108.04 (5m) Use of medical cannabis. (a) In this subsection:
AB546-AA3,14,1616 1. “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
AB546-AA3,14,1717 2. “Registry identification card” has the meaning given in s. 146.44 (1) (g).
AB546-AA3,14,1818 3. “Written certification” has the meaning given in s. 146.44 (1) (h).
AB546-AA3,14,2019 (b) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not
20include any of the following:
AB546-AA3,14,2421 1. A positive test for cannabis components or metabolites, in the absence of
22other actions or conduct that constitute misconduct under sub. (5). This subdivision
23applies only with respect to an employee with a valid written certification and a valid
24registry identification card.
AB546-AA3,15,2
12. A violation of the employer's policy concerning the use of cannabis, if all of
2the following apply:
AB546-AA3,15,43 a. The employee was using medical cannabis in accordance with a valid written
4certification.
AB546-AA3,15,55 b. The employee held a valid registry identification card.
AB546-AA3,15,76 c. The employee did not use or possess medical cannabis on the employer's
7premises or during working hours.
AB546-AA3,15,98 d. The use did not impair the individual's ability to perform adequately the
9job-related responsibilities of that individual's employment.
AB546-AA3,15,1110 (c) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
11not include any of the following:
AB546-AA3,15,1512 1. A positive test for cannabis components or metabolites, in the absence of
13other acts or omissions that constitute substantial fault under sub. (5). This
14subdivision applies only with respect to an employee with a valid written
15certification and a valid registry identification card.
AB546-AA3,15,1716 2. A violation of the employer's policy concerning the use of cannabis, if all of
17the following apply:
AB546-AA3,15,1918 a. The employee was using medical cannabis in accordance with a valid written
19certification.
AB546-AA3,15,2020 b. The employee held a valid registry identification card.
AB546-AA3,15,2221 c. The employee did not use or possess medical cannabis on the employer's
22premises or during working hours.
AB546-AA3,15,2423 d. The use did not impair the individual's ability to perform adequately the
24job-related responsibilities of that individual's employment.
AB546-AA3,22 25Section 22. 111.32 (15) of the statutes is created to read:
AB546-AA3,16,5
1111.32 (15) “Use of a lawful product off the employer's premises during
2nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f),
3off the employer's premises during nonworking hours, but only if such use is in
4accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the
5individual holds a valid registry identification card, as defined in s. 146.44 (1) (g).
AB546-AA3,23 6Section 23. 111.34 (1) (c) of the statutes is created to read:
AB546-AA3,16,137 111.34 (1) (c) 1. Except as provided in subd. 2., refusing to hire or employ,
8barring, suspending, or terminating an individual, or discriminating against an
9individual in promotion, in compensation or in terms, conditions or privileges of
10employment, based on the individual's use of medical cannabis, as defined in s. 94.57
11(1) (f), if such use is in accordance with a valid written certification, as defined in s.
12146.44 (1) (h), and the individual holds a valid registry identification card, as defined
13in s. 146.44 (1) (g).
AB546-AA3,16,1414 2. Subdivision 1. does not apply if any of the following apply:
AB546-AA3,16,1615 a. The employee uses or possesses medical cannabis on the employer's premises
16or during working hours.
AB546-AA3,16,1817 b. The use impairs the individual's ability to undertake adequately the
18job-related responsibilities of that individual's employment.
AB546-AA3,16,2119 c. The refusal, bar, suspension, termination, or discrimination is necessary for
20the employer to avoid losing a monetary or licensing-related benefit under federal
21law or regulations.
AB546-AA3,24 22Section 24. 111.35 (2) (e) of the statutes is amended to read:
AB546-AA3,17,223 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
24This paragraph does not apply with respect to any conflict between the use of medical

1cannabis described in s. 111.32 (15) and violations concerning marijuana or
2tetrahydrocannabinols under 21 USC 841 to 865.
AB546-AA3,25 3Section 25. 111.35 (2) (f) of the statutes is created to read:
AB546-AA3,17,64 111.35 (2) (f) In the case of use of medical cannabis described in s. 111.32 (15),
5would result in the employer losing a monetary or licensing-related benefit under
6federal law or regulations.
AB546-AA3,26 7Section 26. 146.44 of the statutes is created to read:
AB546-AA3,17,9 8146.44 Medical Cannabis Registry Program. (1) Definitions. In this
9section:
AB546-AA3,17,1110 (a) “Applicant" means a person who is applying for a registry identification card
11under sub. (2) (a) or (ac).
AB546-AA3,17,1312 (ag) “Bona fide practitioner-patient relationship" means a relationship
13between the practitioner and the patient that includes all of the following:
AB546-AA3,17,1514 1. An assessment of the patient's medical history and current medical condition
15by the practitioner, including an in-person physical examination if appropriate.
AB546-AA3,17,1716 2. A consultation between the practitioner and the patient with respect to the
17patient's debilitating medical condition or treatment.
AB546-AA3,17,1918 3. Availability by the practitioner to provide follow-up care and treatment to
19the patient, including patient examinations.
AB546-AA3,17,2020 (b) “Debilitating medical condition or treatment" means any of the following:
AB546-AA3,17,2521 1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
22the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
23Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
24lateral sclerosis, nail-patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
25stress disorder, or the treatment of these conditions.
AB546-AA3,18,1
12. Opioid abatement or reduction or treatment for opioid addiction.
AB546-AA3,18,52 3. A chronic or debilitating disease or medical condition or the treatment of
3such a disease or condition that causes cachexia, severe pain, severe nausea,
4seizures, including those characteristic of epilepsy, or severe and persistent muscle
5spasms, including those characteristic of multiple sclerosis.
AB546-AA3,18,86 4. Any other medical condition or any other treatment for a medical condition
7designated as a debilitating medical condition or treatment in rules promulgated by
8the department of health services under s. 961.436 (5).
AB546-AA3,18,99 (c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
AB546-AA3,18,1110 (cm) “Out-of-state registry identification card" means a document that is valid
11as provided under sub. (7) (f).
AB546-AA3,18,1412 (cp) “Practitioner” means a person licensed as a physician, as defined in s.
13448.01 (5), a physician assistant, as defined in s. 448.01 (6), or an advanced practice
14nurse prescriber certified under s. 441.16 (2).
AB546-AA3,18,1615 (d) “Primary caregiver" means a person who has agreed to help a qualifying
16patient use or acquire medical cannabis and who has a registry identification card.
AB546-AA3,18,2017 (e) “Qualifying patient" means a person who has been diagnosed in the course
18of a bona fide practitioner-patient relationship as having or undergoing a
19debilitating medical condition or treatment but does not include a person under the
20age of 18 years unless all of the following apply:
AB546-AA3,18,2321 1. The person's practitioner has explained the potential risks and benefits of
22using medical cannabis to the person and to a parent, guardian, or person having
23legal custody of the person.
AB546-AA3,18,2524 2. The parent, guardian, or person having legal custody provides the
25practitioner a written statement consenting to do all of the following:
AB546-AA3,19,1
1a. Allow the person to use medical cannabis.
AB546-AA3,19,22 b. Serve as a primary caregiver for the person.
AB546-AA3,19,33 c. Manage the person's use of medical cannabis.
AB546-AA3,19,44 (f) “Registrant" means a person to whom a registry identification card is issued.
AB546-AA3,19,65 (g) “Registry identification card" means a document issued by the department
6under sub. (4) that identifies a person as a qualifying patient or primary caregiver.
AB546-AA3,19,87 (h) “Written certification" means a statement written by a person's practitioner
8if all of the following apply:
AB546-AA3,19,129 1. The statement indicates that, in the practitioner's professional opinion, the
10person has or is undergoing a debilitating medical condition or treatment and the
11potential benefits of using medical cannabis would likely outweigh the health risks
12for the person.
AB546-AA3,19,1413 2. The statement indicates that the opinion described in subd. 1. was made in
14the course of a bona fide practitioner-patient relationship.
AB546-AA3,19,1615 3. The statement is signed by the practitioner or is contained in the person's
16medical records.
AB546-AA3,19,19 17(1m) Practitioner restrictions. (a) No practitioner may provide himself or
18herself or any member of his or her family with a written certification for submission
19with an application under sub. (2).
AB546-AA3,19,2220 (b) No practitioner who provides a written certification under this section may
21have a financial interest in any way connected to a person or entity that produces,
22processes, dispenses, or tests cannabis.
AB546-AA3,19,25 23(2) Application. (a) An adult who is claiming to be a qualifying patient may
24apply for a registry identification card by submitting to the department all of the
25following:
AB546-AA3,20,2
11. A signed application form that contains the applicant's name, address, and
2date of birth.
AB546-AA3,20,33 2. A written certification.
AB546-AA3,20,54 3. The name, address, and telephone number of the applicant's current
5practitioner, as listed in the written certification.
AB546-AA3,20,106 4. A registration fee in an amount determined by the department, but not to
7exceed $150, except that for an applicant who is a recipient of medical assistance
8under subch. IV of ch. 49, is receiving benefits under the federal social security
9disability insurance program under 42 USC 423 or the federal supplemental security
10income program under 42 USC 1381, or is a veteran, the fee shall be $50.
AB546-AA3,20,1311 (ac) A person who is at least 21 years of age may apply for a registry
12identification card as a primary caregiver by submitting to the department all of the
13following:
AB546-AA3,20,1514 1. A signed application form that contains the applicant's name, address, and
15date of birth.
AB546-AA3,20,1716 2. A copy of a written certification or copy of a registration identification card
17for each qualifying patient for whom the applicant will be the primary caregiver.
AB546-AA3,20,1818 3. A registration fee of $250.
AB546-AA3,20,2219 (b) The department shall promulgate rules specifying how a parent, guardian,
20or person having legal custody of a child may apply for a registry identification card
21for the child and the circumstances under which the department may approve or
22deny the application.
AB546-AA3,21,2 23(3) Processing the application. The department shall verify the information
24the applicant submitted under sub. (2) (a) or (ac) and shall approve or deny the

1application within 30 days after receiving it. The department may deny an
2application submitted under sub. (2) (a) or (ac) only if one of the following applies:
AB546-AA3,21,43 (a) The applicant did not provide the required information or provided false
4information.
AB546-AA3,21,65 (b) The department is required to deny the application under the rules
6promulgated under sub. (2) (b).
AB546-AA3,21,11 7(4) Issuing a registry identification card. The department shall issue an
8applicant a registry identification card within 5 days after approving the application
9under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules
10promulgated under sub. (7) (d), a registry identification card expires 2 years from the
11date of issuance. A registry identification card shall contain all of the following:
AB546-AA3,21,1212 (a) The name, address, and date of birth of all of the following:
AB546-AA3,21,1313 1. The registrant.
AB546-AA3,21,1414 2. Each primary caregiver, if the registrant is a qualifying patient.
AB546-AA3,21,1515 3. Each qualifying patient, if the registrant is a primary caregiver.
AB546-AA3,21,1616 (b) The date of issuance and expiration date of the registry identification card.
AB546-AA3,21,1717 (c) A photograph of the registrant.
AB546-AA3,21,1818 (d) Other information the department may require by rule.
AB546-AA3,21,19 19(4m) Annual fee. Primary caregivers shall pay an annual fee of $250.
AB546-AA3,22,4 20(5) Additional information to be provided by registrant. (a) 1. An adult
21registrant shall notify the department of any change in the registrant's name and
22address. An adult registrant who is a qualifying patient shall notify the department
23of any change in his or her practitioner, of any significant improvement in his or her
24health as it relates to his or her debilitating medical condition or treatment, and if
25a primary caregiver stops helping the registrant use or acquire medical cannabis.

1A registrant who is a primary caregiver shall notify the department if the registrant
2becomes a primary caregiver for an additional qualifying patient and shall include
3with the notice a copy of a written certification or copy of a registration identification
4card for each additional qualifying patient.
AB546-AA3,22,85 2. If a qualifying patient is a child, a primary caregiver for the child shall
6provide the department with any information that the child, if he or she were an
7adult qualifying patient, would have to provide under subd. 1. within 10 days after
8the date of the change to which the information relates.
AB546-AA3,22,139 (b) If a registrant fails to notify the department within 10 days after any change
10for which notification is required under par. (a) 1., his or her registry identification
11card is void. If a registrant fails to comply with par. (a) 2., the registry identification
12card for the qualifying patient to whom the information under par. (a) 2. relates is
13void.
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