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AB1067,21,1414 3. Crohn's disease.
AB1067,21,1515 4. Glaucoma.
AB1067,21,1616 5. HIV/AIDS.
AB1067,21,1717 6. Multiple sclerosis.
AB1067,21,1818 7. Post-traumatic stress disorder.
AB1067,21,1919 8. Seizure disorders.
AB1067,21,2220 9. Any other medical condition designated as a qualifying medical condition in
21rules promulgated by the commission in consultation with the medical examining
22board and only with the approval of all members of the commission.
AB1067,21,2323 (j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
AB1067,21,2524 (k) “Registrant” means a person to whom a registry identification card is issued
25under sub. (3).
AB1067,22,2
1(L) “Registry identification card” means a document issued by the commission
2under sub. (3) that identifies a person as a qualifying patient or primary caregiver.
AB1067,22,6 3(2) Recommendations; requirements and limitations. (a) A physician,
4physician assistant, or certified advanced practice nurse prescriber who is certified
5under par. (d) may recommend the use of medical marijuana to treat a patient if all
6of the following apply:
AB1067,22,107 1. The patient has been diagnosed with a qualifying medical condition and the
8physician, physician assistant, or certified advanced practice nurse prescriber
9advises the use of medical marijuana to treat that condition or the symptoms of that
10condition.
AB1067,22,1311 2. A health care provider-patient relationship has been established between
12the physician, physician assistant, or certified advanced practice nurse prescriber
13and the patient through all of the following:
AB1067,22,1514 a. An in-person physical examination of the patient by the physician, physician
15assistant, or certified advanced practice nurse prescriber.
AB1067,22,1716 b. A review of the patient's medical history by the physician, physician
17assistant, or certified advanced practice nurse prescriber.
AB1067,22,2118 c. An expectation of the physician, physician assistant, or certified advanced
19practice nurse prescriber providing care to the patient, and the patient receiving care
20from the physician, physician assistant, or certified advanced practice nurse
21prescriber, on an ongoing basis.
AB1067,22,2422 3. If the patient is a minor, the physician, physician assistant, or certified
23advanced practice nurse prescriber has obtained the consent of the patient's parent,
24guardian, or legal custodian.
AB1067,23,6
1(b) A physician, physician assistant, or certified advanced practice nurse
2prescriber may not recommend the use of medical marijuana under this subsection
3for himself or herself or to any member of his or her immediate family or household.
4A physician, physician assistant, or certified advanced practice nurse prescriber may
5not have any financial interest in a medical marijuana producer, processor, or
6dispensary.
AB1067,23,127 (c) When recommending the use of medical marijuana, a physician, physician
8assistant, or certified advanced practice nurse prescriber shall include on the
9recommendation the patient's name, the name of the recommending physician,
10physician assistant, or certified advanced practice nurse prescriber, and a
11recommended usage and shall specify any other information required in rules
12promulgated by the commission, in consultation with the medical examining board.
AB1067,24,313 (d) The commission shall establish procedures for physicians, physician
14assistants, and certified advanced practice nurse prescribers to apply for
15certification and to be certified to recommend the use of medical marijuana under
16this section. An applicant for certification under this paragraph shall provide the
17applicant's name, office address, contact information, and medical license number.
18The applicant shall also provide written documentation that the applicant is
19authorized to dispense controlled substances under 21 USC 821 to 832 and provide
20on the application the applicant's registration number issued by the U.S. drug
21enforcement administration. In addition, the applicant shall provide written
22documentation that the applicant has completed at least 4 hours of continuing
23education to assist in diagnosing qualifying medical conditions and treating such
24conditions with medical marijuana. A person certified in accordance with this
25paragraph shall keep complete and accurate records of the recommendations made

1and the qualifying patients for whom the recommendations are made under this
2section and shall report to the commission, at the commission's request, the number
3of recommendations made and for whom.
AB1067,24,7 4(3) Application; registry identification card. (a) An applicant who is a
5qualifying patient may apply for a registry identification card by submitting to the
6commission a signed application form containing or accompanied by all of the
7following:
AB1067,24,88 1. His or her name, address, and date of birth.
AB1067,24,109 2. A written recommendation provided under sub. (2) that is no more than 30
10days old as of the date the application is filed.
AB1067,24,1311 3. The name, address, and telephone number of the physician, physician
12assistant, or certified advanced practice nurse prescriber who provided the
13recommendation.
AB1067,24,1414 4. A registration fee in an amount determined by the commission.
AB1067,25,215 (b) 1. A registrant or applicant who is a qualifying patient may jointly apply
16to the commission with another person for a registry identification card for the other
17person and designate the other person as a primary caregiver for the registrant or
18applicant if the other person is at least 21 years of age and, notwithstanding ss.
19111.321, 111.322, and 111.335, has never been convicted of a criminal violation of the
20federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled
21Substances Act under ch. 961, or any controlled substances law of another state. The
22department of justice shall provide information to the commission necessary to
23determine whether this requirement is met. Both persons who jointly apply for a
24registry identification card under this subdivision shall sign the application form,

1which shall contain the name, address, and date of birth of the individual applying
2to be registered as a primary caregiver.
AB1067,25,53 2. Except as provided under par. (c), a registrant or an applicant who is a
4qualifying patient may designate only one primary caregiver under subd. 1., unless
5the commission grants an exception to allow for an additional designation.
AB1067,25,96 3. A primary caregiver designated by a person under subd. 1. may not be
7designated as a primary caregiver for more than one qualifying patient or applicant
8unless the patients or applicants live in the same residence or unless the commission
9otherwise allows.
AB1067,25,1610 (c) The commission shall promulgate rules specifying how a parent, guardian,
11or legal custodian of a minor may apply for a registry identification card for himself
12or herself and for the minor and the circumstances under which the commission may
13approve or deny the application. The commission shall require a minor who is a
14qualifying patient or applicant to have the minor's parent, guardian, or legal
15custodian designated as a primary caregiver under par. (b). Notwithstanding par.
16(b) 2., a minor may designate both parents as primary caregivers.
AB1067,25,1817 (d) A registry identification card issued under this subsection expires after one
18year.
AB1067,25,2119 (e) A registrant, whether a qualifying patient or primary caregiver, may not
20plant, grow, cultivate, or harvest marijuana without a valid producer license under
21s. 73.17.
AB1067,25,2422 (f) An applicant who is a qualifying patient must have resided in the state, in
23accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days
24before submitting an application to the commission under this subsection.
AB1067,26,3
1(g) A person may not register as a qualifying patient or primary caregiver or
2hold a registry identification card while serving a term of imprisonment or while on
3parole or probation.
AB1067,26,44 (h) The commission shall maintain a list of all registrants.
AB1067,26,75 (i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission
6may not disclose information from an application submitted or a registry
7identification card issued under this subsection.
AB1067,26,118 (j) The commission may disclose to state or local law enforcement agencies
9information from an application submitted by or from a registry identification card
10issued to a specific person under this subsection for the purpose of verifying that the
11person possesses a valid registry identification card.
AB1067,26,1512 (k) A person who holds a registry identification card may only purchase or use
13medical marijuana that has been produced, processed, distributed, and dispensed as
14provided under this section and s. 73.17 and for which the taxes have been paid as
15provided under subch. IV of ch. 139.
AB1067,26,1916 (L) A person who holds a registry identification card may only possess a 30-day
17supply of individual doses of medical marijuana, except that during the last 7 days
18of any such 30-day period, the person may obtain and possess a 30-day supply for
19the subsequent 30-day period.
AB1067,26,21 20(4) Rules. The commission shall promulgate rules to implement this section,
21including rules that do all of the following:
AB1067,26,2222 (a) Establish a timeline for approving or denying applications under sub. (3).
AB1067,26,2323 (b) Set the amount of fees to be submitted with applications.
AB1067,26,2524 (c) Establish any other rules necessary for the administration of the registry
25under sub. (3), including issuance of registry identification cards.
AB1067,27,2
1(5) Effect of this section; employment. Nothing in this section does any of the
2following:
AB1067,27,53 (a) Requires an employer to permit or accommodate the use, consumption,
4possession, transfer, display, transportation, sale, or cultivation of medical
5marijuana at a place of employment by an employee.
AB1067,27,76 (b) Interferes with an employer's ability to prohibit the use, possession, or sale
7of medical marijuana at a place of employment by an employee.
AB1067,27,88 (c) Provides a cause of action against an employer.
AB1067,27,109 (d) Limits an employer's ability to establish and enforce a drug-free workplace
10policy.
AB1067,27,1111 (e) Requires an employer to violate federal law.
AB1067,12 12Section 12 . 77.52 (13) of the statutes is amended to read:
AB1067,27,2413 77.52 (13) For the purpose of the proper administration of this section and to
14prevent evasion of the sales tax it shall be presumed that all receipts are subject to
15the tax until the contrary is established. The burden of proving that a sale of tangible
16personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
17is not a taxable sale at retail is upon the person who makes the sale unless that
18person takes from the purchaser an electronic or a paper certificate, in a manner
19prescribed by the department, to the effect that the property, item, good, or service
20is purchased for resale or is otherwise exempt, except that no certificate is required
21for the sale of tangible personal property, or items, property, or goods under sub. (1)
22(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
23(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
24(51), (52), (66), and (67), and (70).
AB1067,13 25Section 13 . 77.53 (10) of the statutes is amended to read:
AB1067,28,13
177.53 (10) For the purpose of the proper administration of this section and to
2prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
3tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
4(d), or taxable services sold by any person for delivery in this state is sold for storage,
5use, or other consumption in this state until the contrary is established. The burden
6of proving the contrary is upon the person who makes the sale unless that person
7takes from the purchaser an electronic or paper certificate, in a manner prescribed
8by the department, to the effect that the property, or items, property, or goods under
9s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
10exempt from the tax, except that no certificate is required for the sale of tangible
11personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
12services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
13(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (70).
AB1067,14 14Section 14 . 77.54 (70) of the statutes is created to read:
AB1067,28,1715 77.54 (70) The sales price from the sales of and the storage, use, or other
16consumption of medical marijuana distributed by a dispensary licensed and
17operating under s. 73.17.
AB1067,15 18Section 15 . 108.04 (5) (a) (intro.) of the statutes is amended to read:
AB1067,28,2219 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable
20written policy concerning the use of alcohol beverages, or use of a controlled
21substance or a controlled substance analog, including a drug-free workplace policy,
22if the employee:
AB1067,16 23Section 16 . 111.32 (9m) of the statutes is created to read:
AB1067,28,2424 111.32 (9m) “Lawful product” does not include medical marijuana.
AB1067,17 25Section 17 . 111.32 (12c) of the statutes is created to read:
AB1067,29,1
1111.32 (12c) “Medical marijuana” has the meaning given in s. 73.18 (1) (e).
AB1067,18 2Section 18 . 111.34 (1) (b) of the statutes is amended to read:
AB1067,29,63 111.34 (1) (b) Refusing Subject to sub. (3), refusing to reasonably accommodate
4an employee's or prospective employee's disability unless the employer can
5demonstrate that the accommodation would pose a hardship on the employer's
6program, enterprise or business.
AB1067,19 7Section 19 . 111.34 (3) of the statutes is created to read:
AB1067,29,98 111.34 (3) Notwithstanding s. 111.322, this subchapter does not apply to any
9act of an employer based upon an individual's use of medical marijuana.
AB1067,20 10Section 20 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
11created to read:
AB1067,29,1212 chapter 139
AB1067,29,1313 subchapter Iv
AB1067,29,1414 medical marijuana tax
AB1067,29,15 15139.97 Definitions. In this subchapter:
AB1067,29,16 16(1) “Commission” means the medical marijuana regulatory commission.
AB1067,29,17 17(2) “Department” means the department of revenue.
AB1067,29,18 18(3) “Dispensary” has the meaning given in s. 73.17 (1) (c).
AB1067,29,19 19(4) “Marijuana" has the meaning given in s. 961.01 (14).
AB1067,29,20 20(5) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
AB1067,29,21 21(6) “Processor" has the meaning given in s. 73.17 (1) (h).
AB1067,29,22 22(7) “Producer” has the meaning given in s. 73.17 (1) (i).
AB1067,29,25 23139.971 Medical marijuana tax. (1) An excise tax is imposed on a processor
24at the rate of 10 percent of the sales price on each wholesale sale in this state of
25medical marijuana to a dispensary.
AB1067,30,5
1(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
2to the commission no later than the 15th day of the month following the month in
3which the person's tax liability is incurred and shall include with the payment a
4return on a form prescribed by the commission. The commission shall deposit all
5taxes collected under this section into the medical marijuana fund.
AB1067,30,19 6(3) The commission may increase or decrease the rate under sub. (1) by
7submitting a request to the joint committee on finance. A request made under this
8subsection may not propose to increase or decrease the rate by more than a 5 percent
9increment. In addition to the proposed rate, the commission shall include in its
10request its rationale for the proposed rate, the impact that the proposed rate may
11have on the regulation of medical marijuana, and the first date on which the
12proposed rate would apply. If the cochairpersons of the joint committee on finance
13do not notify the commission that the committee has scheduled a meeting for the
14purpose of reviewing the request within 30 working days after the date of the
15submission, the commission may implement the proposal. If within 30 working days
16after the date of the submission, the cochairpersons of the committee notify the
17commission that the committee has scheduled a meeting for the purpose of reviewing
18the request, the commission may implement the proposal only upon approval of the
19committee.
AB1067,31,2 20139.972 Records and reports. (1) Every producer and processor shall keep
21accurate and complete records of its production and sales of marijuana and medical
22marijuana in this state. The records shall be kept on the premises described in its
23license application under s. 73.17 and in such manner as to ensure permanency and
24accessibility for inspection at reasonable hours by the authorized personnel of the
25commission or department. The commission shall prescribe reasonable and uniform

1methods of keeping records and making reports and shall provide the necessary
2forms to producers and processors.
AB1067,31,12 3(2) If the commission determines that any records of a producer or processor
4are not kept in the prescribed form or are in such condition that the commission
5requires an unusual amount of time to determine from the records the amount of the
6tax due, the commission shall give notice to the producer or processor that it is
7required to revise its records and keep them in the prescribed form. If the producer
8or processor fails to comply within 30 days, it shall pay the expenses reasonably
9attributable to a proper examination and tax determination at the rate of $30 per day
10for each auditor used to make the examination and determination. The commission
11shall send a bill for such expenses, and the producer or processor shall pay the
12amount of such bill within 10 days.
AB1067,31,22 13(3) If any producer or processor fails to file a report when due, it shall be
14required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
15mailed in a properly addressed envelope with postage prepaid, the envelope is
16officially postmarked, or marked or recorded electronically as provided under section
177502 (f) (2) (C) of the Internal Revenue Code, on the date due, and the report is
18actually received by the commission or at the destination that the commission
19prescribes within 5 days of the due date. A report that is not mailed is timely if it
20is received on or before the due date by the commission or at the destination that the
21commission prescribes. For purposes of this subsection, “mailed" includes delivery
22by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
AB1067,32,3 23(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
24to confidentiality of income, franchise, and gift tax returns, apply to any information
25obtained from any producer or processor under this subchapter on a tax return,

1report, schedule, exhibit, or other document or from an audit report relating to any
2of those documents, except that the commission shall publish production and sales
3statistics.
AB1067,32,6 4139.973 Administration and enforcement. (1) The commission, in
5consultation with the department, shall administer and enforce this subchapter and
6promulgate rules necessary to administer and enforce this subchapter.
AB1067,32,8 7(2) The duly authorized employees of the commission and the department have
8all necessary police powers to prevent violations of this subchapter.
AB1067,32,15 9(3) Authorized personnel of the commission, the department of justice, and the
10department of revenue, and any law enforcement officer, within their respective
11jurisdictions, may at all reasonable hours enter the premises of any producer or
12processor and examine the books and records to determine whether the tax imposed
13by this subchapter has been fully paid and may enter and inspect any premises
14where marijuana or medical marijuana is produced, processed, made, sold, or stored
15to determine whether the producer or processor is complying with this subchapter.
AB1067,32,19 16(4) The commission may suspend or revoke the license of any producer or
17processor who violates s. 100.30, any provision of this subchapter, or any rules
18promulgated under sub. (1). The commission shall revoke the permit of any producer
19or processor who violates s. 100.30 3 or more times within a 5-year period.
AB1067,33,2 20(5) No suit shall be maintained in any court to restrain or delay the collection
21or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax
22when due and, if paid under protest, may at any time within 90 days from the date
23of payment sue the state to recover the tax paid. If it is finally determined that any
24part of the tax was wrongfully collected, the secretary of administration shall pay the
25amount wrongfully collected out of the medical marijuana fund. A separate suit need

1not be filed for each separate payment made by any taxpayer, but a recovery may be
2had in one suit for as many payments as may have been made.
AB1067,33,8 3(6) (a) Any person may be compelled to testify in regard to any violation of this
4subchapter of which the person may have knowledge, even though such testimony
5may tend to incriminate the person, upon being granted immunity from prosecution
6in connection with such testimony. Upon the giving of the testimony under this
7paragraph, the person shall not be prosecuted because of the violation relative to
8which the person has testified.
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