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).