AB1040: Bill Text

AB1040,,89 5. The packaging of medical cannabis products, and the labels attached to such packaging, may not include any statement or other indication that the consumption or use of medical cannabis may cure, mitigate, treat, or prevent any disease or medical condition.

AB1040,,90 (d) License renewal. A licensed processor shall annually renew the license issued under this section by applying to the department and paying the annual fee for processors established by the department under sub. (7).

AB1040,,91 (6) Medical cannabis testing laboratory contract, licenses. (a) Request for proposals; contract required. The department shall obtain and review proposals from entities in this state to test medical cannabis products under this section in accordance with the department’s request-for-proposal procedures. The department shall enter into contracts with a sufficient number of laboratories under this section to assure the safety of medical cannabis products in this state.

AB1040,,92 (b) License criteria. The department shall issue a laboratory license to an applicant if the department determines that all of the following requirements are met:

AB1040,,93 1. The applicant, or each principal officer or board member of the applicant, has not been convicted of any crime, unless at least 10 years have passed since the completion of any sentence imposed for the crime, including any period of incarceration, parole, or extended supervision, and any period of probation imposed for the crime. The department, with the assistance of the department of justice, shall conduct a background investigation of any applicant or each principal officer or board member of any applicant who applies for a laboratory license under this section, which shall include requiring all such persons to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

AB1040,,94 2. The applicant, or each principal officer or board member of the applicant, is at least 21 years of age.

AB1040,,95 3. The applicant pays the annual fee for laboratories established by the department under sub. (7).

AB1040,,96 4. The applicant is a resident, or at least 80 percent of the principal officers or board members of the applicant are residents.

AB1040,,97 5. The applicant submits to an inspection of the premises by the department, and the premises meets all requirements established by the department under sub. (2).

AB1040,,98 6. The applicant has entered into a contract under par. (a).

AB1040,,99 (c) Authorized activities and requirements. 1. A licensed laboratory may obtain medical cannabis products from a licensed processor, conduct testing on medical cannabis products, and transport medical cannabis products to or from any licensee or dispensary.

AB1040,,100 2. A licensed laboratory may operate only within an enclosed, locked facility.

AB1040,,101 3. When testing medical cannabis products, a licensed laboratory shall test the products for tetrahydrocannabinol content and the levels of any molds, pesticides, heavy metals, and any other contaminant for which the department requires, by rule, the medical cannabis products to be tested.

AB1040,,102 (d) License renewal. A licensed laboratory shall annually renew the license issued under this section by applying to the department and paying the annual fee for laboratories established by the department under sub. (7).

AB1040,,103 (7) License fees. (a) The department shall, not later than January 31 of each year, propose an update to the fees required under subs. (4) (a) 2. and (c), (5) (b) 3. and (d), and (6) (b) 3. and (d) to provide sufficient moneys to pay for the operations of the department required under this section.

AB1040,,104 (b) Not later than 14 days after proposing updated fees under par. (a), the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments unless the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department may impose the fee adjustments and shall notify licensees of the fee adjustments by posting the fee adjustments on the department’s website.

AB1040,,105 (c) If the joint committee on finance schedules a meeting for the purpose of reviewing the proposed fee adjustments under par. (b) and disapproves the proposed fee adjustments, the department may resubmit, no later than 60 days after the committee disapproves the proposed adjustments and using the process described under par. (b), proposed adjustments to the fees required under subs. (4) (a) 2. and (c), (5) (b) 3. and (d), and (6) (b) 3. and (d) if necessary to provide sufficient moneys to pay for the operations of the department required under this section. If the joint committee on finance schedules a meeting for purposes of reviewing the resubmitted proposed fee adjustments under this paragraph and disapproves the resubmitted proposed fee adjustments, the department may not impose the fee adjustments and may not resubmit further proposed fee adjustments until the department proposes an update to the fees the following year as provided under par. (a).

AB1040,,106 (8) Confidentiality. The department shall ensure that any of the following information that is in the department’s possession is confidential and not open to public inspection or copying under s. 19.35 (1), except that it shall be made available to a law enforcement agency or law enforcement officer:

AB1040,,107 (a) Information relating to the locations of proposed or existing growers, processors, and laboratories.

AB1040,,108 (b) Personal information relating to a licensee or applicant under this section, other than the licensee’s or applicant’s name.

AB1040,,109 (c) Information obtained about a licensee or applicant as a result of any criminal history search performed under this section.

AB1040,,110 (d) Any other information that could create a security risk if disclosed.

AB1040,,111 (9) Advertising prohibited. No licensed processor or laboratory may advertise its services.

AB1040,,112 (10) Enforcement and penalties. (a) Enforcement. The department may conduct investigations, hold hearings, and make findings as to whether a person has violated any provisions of this section or any rule promulgated under this section. If, after holding a public hearing, the department determines that a person has violated any provision of this section or any rule promulgated under this section, the department may impose a penalty pursuant to par. (b). If the department has reason to believe that a person has engaged in activities for which a license is required under this section without a license issued by the department, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813. The enforcement actions authorized under this paragraph are cumulative. The imposition of an enforcement action does not bar the imposition of any other enforcement action.

AB1040,,113 (b) Penalties. 1. If the department determines that a licensee has negligently violated this section, the department may establish, and the licensee shall comply with, a plan to correct the negligent violation, which shall include all of the following:

AB1040,,114 a. A reasonable date by which the licensee is required to correct the negligent violation.

AB1040,,115 b. A requirement that the licensee periodically report to the department on the compliance of the licensee with the department’s plan for a period of not less than the following 2 years.

AB1040,,116 2. The department may suspend or revoke the license of any licensee that violates any provision of this section or rules promulgated under this section.

AB1040,,117 3. a. Except as provided in subd. 3. b., any person who violates any provision of this section or any rules promulgated under this section may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

AB1040,,118 b. Any person who violates any provision of this section or any rules promulgated under this section by fraud shall be fined not less than $2,000 nor more than $10,000.

AB1040,,119 4. All of the remedies and penalties under this section shall be cumulative. No action for recovery of one penalty shall be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution.

AB1040,20 Section 20. 106.50 (1) of the statutes is amended to read:

AB1040,,121 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, use of medical cannabis products, as defined in s. 94.57 (1) (f), marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

AB1040,21 Section 21. 106.50 (1m) (h) of the statutes is amended to read:

AB1040,,123 106.50 (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 is included on the patient and caregiver registry under s. 259.04 or possesses or uses medical cannabis products in accordance with ch. 259; lawful source of income,; age,; or ancestry.

AB1040,22 Section 22. 106.50 (1m) (nm) of the statutes is amended to read:

AB1040,,125 106.50 (1m) (nm) “Member of a protected class” means a group of natural persons, or a natural person, who may be categorized because of sex, race, color, disability, sexual orientation, religion, national origin, use of medical cannabis products, as defined in s. 94.57 (1) (f), marital status, family status, status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.

AB1040,23 Section 23. 106.50 (5m) (f) 1. of the statutes is amended to read:

AB1040,,127 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, and marital, financial, and business status but not concerning race, color, disability, sexual orientation, ancestry, national origin, use of medical cannabis products, as defined in s. 94.57 (1) (f), religion, creed, status as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.

AB1040,24 Section 24. 108.04 (5) (a) (intro.) of the statutes is amended to read:

AB1040,,129 108.04 (5) (a) (intro.) A violation by an employee of an employer’s reasonable written policy concerning the use of alcohol beverages, or use of a controlled substance or a controlled substance analog, including a drug-free workplace policy and a policy that includes testing for the presence of tetrahydrocannabinols, if the employee:

AB1040,25 Section 25. 111.32 (9m) of the statutes is created to read:

AB1040,,131 111.32 (9m) “Lawful product” does not include a medical cannabis product.

AB1040,26 Section 26. 111.32 (12c) of the statutes is created to read:

AB1040,,133 111.32 (12c) “Medical cannabis product” has the meaning given in s. 94.57 (1) (f).

AB1040,27 Section 27. 111.34 (1) (b) of the statutes is amended to read:

AB1040,,135 111.34 (1) (b) Refusing Subject to sub. (3), refusing to reasonably accommodate an employee’s or prospective employee’s disability unless the employer can demonstrate that the accommodation would pose a hardship on the employer’s program, enterprise or business.

AB1040,28 Section 28. 111.34 (3) of the statutes is created to read:

AB1040,,137 111.34 (3) (a) Notwithstanding s. 111.322, this subchapter does not apply with respect to any act of an employer based upon an individual’s use of a medical cannabis product, the individual’s other use of cannabis, as defined in s. 94.57 (1) (a), or the individual testing positive for the presence of tetrahydrocannabinols.

AB1040,,138 (b) Nothing in this subchapter requires an employer to permit, accommodate, or allow the medical use of a medical cannabis product, or to modify any job or working conditions of any employee who engages in the medical use of medical cannabis products or who for any reason seeks to engage in the medical use of medical cannabis products.

AB1040,,139 (c) Nothing in this subchapter prohibits an employer from refusing to hire, terminating, discharging, disciplining, or otherwise discriminating against an individual with respect to hiring, discharging, tenure, promotion, or compensation, or in terms, conditions, or privileges of employment as a result, in whole or in part, of the individual’s medical use of a medical cannabis product, the individual’s other use of cannabis, as defined in s. 94.57 (1) (a), or the individual testing positive for the presence of tetrahydrocannabinols, regardless of any impairment or lack of impairment resulting therefrom.

AB1040,29 Section 29. 175.60 (2) (b) of the statutes is amended to read:

AB1040,,141 175.60 (2) (b) The department may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect, or content of a license. The department may not refuse to issue or renew a license, or may not suspend or revoke a license, solely because of an individual’s lawful use or possession of a medical cannabis product under s. 94.57 or ch. 259 or because the individual is a registered patient, as defined in s. 961.01 (20hm).

AB1040,30 Section 30. 224.30 (6) of the statutes is created to read:

AB1040,,143 224.30 (6) Providing financial services to lawful cannabis-related businesses. (a) In this subsection, “financial institution” has the meaning given in s. 943.80 (2).

AB1040,,144 (b) Neither the division nor the office of credit unions may take adverse action against a financial institution or person acting on behalf of or providing services to a financial institution solely on the basis that the financial institution or person receives deposits, extends credit, conducts funds transfers, transports cash or other financial instruments, or provides other financial services to a cannabis grower, processor, or laboratory licensed under s. 94.57 or a medical cannabis dispensary operating pursuant to s. 259.10.

AB1040,31 Section 31. 224.77 (1) (o) of the statutes is amended to read:

AB1040,,146 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin, use of medical cannabis products, as defined in s. 94.57 (1) (f), age, or ancestry, the person’s lawful source of income, or the sex, marital status, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household.

AB1040,32 Section 32. 234.29 of the statutes is amended to read:

AB1040,,148 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, use of medical cannabis products, as defined in s. 94.57 (1) (f), religion, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

AB1040,33 Section 33. Chapter 259 of the statutes is created to read:

AB1040,,150 CHAPTER 259

AB1040,,151 MEDICAL CANNABIS

AB1040,,152 259.01 Definitions. In this chapter:

AB1040,,153 (1) “Cannabis” has the meaning given for “marijuana” in s. 961.01 (14).

AB1040,,154 (1m) “Department” means the department of health services.

AB1040,,155 (2) “Dispensary” means an entity operated by the office to purchase packaged and labeled medical cannabis products from a processor licensed under s. 94.57 (5) and to sell medical cannabis products to patients and caregivers who hold a valid registry identification card issued by the office.

AB1040,,156 (3) “Grower” has the meaning given in s. 94.57 (1) (b).

AB1040,,157 (4) “Laboratory” has the meaning given in s. 94.57 (1) (c).

AB1040,,158 (5) “Legal custody” has the meaning given in s. 767.001 (2).

AB1040,,159 (7) “Medical cannabis product” has the meaning given in s. 94.57 (1) (f).

AB1040,,160 (8) “Office” means the office of medical cannabis regulation.

AB1040,,161 (9) “Patient” means an individual who holds a valid registry identification card under s. 259.04 to use medical cannabis products.

AB1040,,162 (10) “Pharmacist” has the meaning given in s. 450.01 (15).

AB1040,,163 (11) “Prescriber” means all of the following:

AB1040,,164 (a) An advanced practice nurse prescriber certified under s. 441.16 (2).

AB1040,,165 (b) A physician licensed under s. 448.02.

AB1040,,166 (c) A physician assistant licensed under s. 448.974.

AB1040,,167 (12) “Processor” has the meaning given in s. 94.57 (1) (g).

AB1040,,168 (13) “Resident” means an individual who maintains his or her place of permanent abode in this state. Domiciliary intent is required to establish that a person is maintaining his or her place of permanent abode in this state. Mere ownership of property is not sufficient to establish domiciliary intent. Evidence of domiciliary intent includes the location where the individual votes, pays personal income taxes, or obtains a driver’s license.

AB1040,,169 (14) “Residential care facility” means all of the following:

AB1040,,170 (a) A nursing home, as defined in s. 50.01 (3).

AB1040,,171 (b) An adult family home, as defined in s. 50.01 (1).

AB1040,,172 (c) A community-based residential facility, as defined in s. 50.01 (1g).

AB1040,,173 (d) A residential care apartment complex, as defined in s. 50.01 (6d).

AB1040,,174 (e) A hospice, as defined in s. 50.90 (1).

AB1040,,175 (f) A facility, as defined in s. 647.01 (4).

AB1040,,176 (g) A swing bed in an acute care facility or extended care facility, as specified in 42 USC 1395tt.

AB1040,,177 (15) “Severe chronic pain” means pain that dominates the senses, that interferes with the essential activities for daily living, that has persisted for at least 3 months, and that is not responsive to or appropriate for other therapies.