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AB599-AA2,16,10 1073.18 Medical marijuana; dispensaries. (1) Definitions. In this section:
AB599-AA2,16,1211 (a) “Applicant” means a person who is applying for a registry identification card
12under sub. (3).
AB599-AA2,16,1413 (b) “Certified advanced practice nurse prescriber" means a nurse who is
14certified under s. 441.16 (2).
AB599-AA2,16,1515 (c) “Commission” means the medical marijuana regulatory commission.
AB599-AA2,16,1616 (d) “Marijuana” has the meaning given in s. 961.01 (14).
AB599-AA2,16,2017 (e) “Medical marijuana” means marijuana that has been processed for human
18consumption in the form of a liquid, oil, pill, or tincture or in a form that is applied
19topically and that is used or is intended for use by a qualifying patient to alleviate
20the symptoms of a qualifying medical condition.
AB599-AA2,16,2121 (f) “Physician” has the meaning given in s. 448.01 (5).
AB599-AA2,16,2222 (g) “Physician assistant” has the meaning given in s. 448.01 (6).
AB599-AA2,16,2523 (h) “Primary caregiver” means a person who is at least 21 years of age and who
24has agreed to help a qualifying patient in the qualifying patient's use or acquisition
25of medical marijuana.
AB599-AA2,17,1
1(i) “Qualifying medical condition” means any of the following:
AB599-AA2,17,22 1. Amyotrophic lateral sclerosis.
AB599-AA2,17,33 2. Cancer.
AB599-AA2,17,44 3. Crohn's disease.
AB599-AA2,17,55 4. Glaucoma.
AB599-AA2,17,66 5. HIV/AIDS.
AB599-AA2,17,77 6. Multiple sclerosis.
AB599-AA2,17,88 7. Post-traumatic stress disorder.
AB599-AA2,17,99 8. Seizure disorders.
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.
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