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2. A violation of the employer's policy concerning the use of cannabis, if all of
10the following apply:
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a. The employee was using medical cannabis in accordance with a valid written
12certification.
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b. The employee held a valid registry identification card.
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c. The employee did not use or possess medical cannabis on the employer's
15premises or during working hours.
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d. The use did not impair the individual's ability to perform adequately the
17job-related responsibilities of that individual's employment.
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(c) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
19not include any of the following:
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1. A positive test for cannabis components or metabolites, in the absence of
21other acts or omissions that constitute substantial fault under sub. (5). This
22subdivision applies only with respect to an employee with a valid written
23certification and a valid registry identification card.
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2. A violation of the employer's policy concerning the use of cannabis, if all of
25the following apply:
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1a. The employee was using medical cannabis in accordance with a valid written
2certification.
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b. The employee held a valid registry identification card.
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c. The employee did not use or possess medical cannabis on the employer's
5premises or during working hours.
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d. The use did not impair the individual's ability to perform adequately the
7job-related responsibilities of that individual's employment.
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8Section 22
. 111.32 (15) of the statutes is created to read:
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111.32
(15) “Use of a lawful product off the employer's premises during
10nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f),
11off the employer's premises during nonworking hours, but only if such use is in
12accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the
13individual holds a valid registry identification card, as defined in s. 146.44 (1) (g).
SB507,23
14Section 23
. 111.34 (1) (c) of the statutes is created to read:
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111.34
(1) (c) 1. Except as provided in subd. 2., refusing to hire or employ,
16barring, suspending, or terminating an individual, or discriminating against an
17individual in promotion, in compensation or in terms, conditions or privileges of
18employment, based on the individual's use of medical cannabis, as defined in s. 94.57
19(1) (f), if such use is in accordance with a valid written certification, as defined in s.
20146.44 (1) (h), and the individual holds a valid registry identification card, as defined
21in s. 146.44 (1) (g).
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2. Subdivision 1. does not apply if any of the following apply:
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a. The employee uses or possesses medical cannabis on the employer's premises
24or during working hours.
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1b. The use impairs the individual's ability to undertake adequately the
2job-related responsibilities of that individual's employment.
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c. The refusal, bar, suspension, termination, or discrimination is necessary for
4the employer to avoid losing a monetary or licensing-related benefit under federal
5law or regulations.
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6Section 24
. 111.35 (2) (e) of the statutes is amended to read:
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111.35
(2) (e) Conflicts with any federal or state statute, rule or regulation.
8This paragraph does not apply with respect to any conflict between the use of medical
9cannabis described in s. 111.32 (15) and violations concerning marijuana or
10tetrahydrocannabinols under 21 USC 841 to 865. SB507,25
11Section 25
. 111.35 (2) (f) of the statutes is created to read:
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111.35
(2) (f) In the case of use of medical cannabis described in s. 111.32 (15),
13would result in the employer losing a monetary or licensing-related benefit under
14federal law or regulations.
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15Section
26. 146.44 of the statutes is created to read:
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16146.44 Medical Cannabis Registry Program. (1) Definitions. In this
17section:
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(a) “Applicant" means a person who is applying for a registry identification card
19under sub. (2) (a) or (ac).
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(ag) “Bona fide practitioner-patient relationship" means a relationship
21between the practitioner and the patient that includes all of the following:
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1. An assessment of the patient's medical history and current medical condition
23by the practitioner, including an in-person physical examination if appropriate.