AB1040: Bill Text

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.

AB1040,,178 259.02 Possession and sale prohibited. No person may possess, sell, transfer, or transport cannabis or medical cannabis products unless the person is licensed under s. 94.57, the person holds a valid registry identification card issued by the office under s. 259.04, or the person is an agent or employee of a dispensary operating pursuant to s. 259.10.

AB1040,,179 259.03 Office of medical cannabis regulation. (1) The office shall oversee and regulate the dispensing of medical cannabis products.

AB1040,,180 (2) The office shall promulgate rules establishing safety and security requirements for the premises of dispensaries that handle cannabis or medical cannabis products.

AB1040,,181 (3) Annually, no later than October 15, the office shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) on the performance of the medical cannabis program under this chapter. The report shall include information on all of the following:

AB1040,,182 (a) The number of patients included in the patient and caregiver registry under s. 259.04.

AB1040,,183 (b) The medical conditions that have qualified patients for inclusion in the patient and caregiver registry under s. 259.04 expressed as a total number and a percentage of all the patients included on the patient and caregiver registry.

AB1040,,184 (c) The number of doses and type of medical cannabis products dispensed.

AB1040,,185 (d) The residency by county of patients who possess a valid patient registry identification card under s. 259.04.

AB1040,,186 (e) The expenses and revenues of the program over the previous year, all funds held in reserve for the program, and an estimation of the expenses and revenues of the program over the following year.

AB1040,,187 (4) The office shall ensure that any information that is in the office’s possession and that could create a security risk if disclosed 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,,188 259.04 Patient and caregiver registry. (1) The office shall create and maintain a registry that includes all patients and caregivers authorized to possess medical cannabis products pursuant to this chapter. The registry shall be an electronic system accessible online by authorized users. The office shall add an individual as a patient to the registry, and issue the individual a registry identification card and unique identification code, if the individual submits all of the following:

AB1040,,189 (a) The individual’s name, address, and contact information.

AB1040,,190 (b) Proof that the individual is a resident.

AB1040,,191 (c) Proof that the individual is at least 18 years of age or, if the individual is under the age of 18, written consent from all parents or, if legal custody of the individual has been awarded by a court, from all persons awarded legal custody of the individual to be included in the patient and caregiver registry.

AB1040,,192 (d) If the individual has previously been convicted of a crime, proof that the individual is not on parole, probation, or extended supervision.

AB1040,,193 (e) A written confirmation from a prescriber that the prescriber has established a bona fide relationship with the individual, met with the individual in person, reviewed the individual’s health care records, performed any tests to identify the presence of a medical condition to a reasonable degree of medical certainty, and determined that the individual has at least one of the following medical conditions:

AB1040,,194 1. Cancer.

AB1040,,195 2. HIV or AIDS.