AB570,18,2115 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).
AB570,18,2222 2. Subdivision 1. does not apply if any of the following apply:
AB570,18,2423 a. The employee uses or possesses medical cannabis on the employer's premises
24or during working hours.
AB570,19,2
1b. The use impairs the individual's ability to undertake adequately the
2job-related responsibilities of that individual's employment.
AB570,19,53 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.
AB570,24 6Section 24 . 111.35 (2) (e) of the statutes is amended to read:
AB570,19,107 111.35 (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.
AB570,25 11Section 25 . 111.35 (2) (f) of the statutes is created to read:
AB570,19,1412 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.
AB570,26 15Section 26. 146.44 of the statutes is created to read:
AB570,19,17 16146.44 Medical Cannabis Registry Program. (1) Definitions. In this
17section:
AB570,19,1918 (a) “Applicant" means a person who is applying for a registry identification card
19under sub. (2) (a) or (ac).
AB570,19,2120 (ag) “Bona fide practitioner-patient relationship" means a relationship
21between the practitioner and the patient that includes all of the following:
AB570,19,2322 1. An assessment of the patient's medical history and current medical condition
23by the practitioner, including an in-person physical examination if appropriate.
AB570,19,2524 2. A consultation between the practitioner and the patient with respect to the
25patient's debilitating medical condition or treatment.
AB570,20,2
13. Availability by the practitioner to provide follow-up care and treatment to
2the patient, including patient examinations.
AB570,20,33 (b) “Debilitating medical condition or treatment" means any of the following:
AB570,20,84 1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
5the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
6Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
7lateral sclerosis, nail-patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
8stress disorder, or the treatment of these conditions.
AB570,20,99 2. Opioid abatement or reduction or treatment for opioid addiction.
AB570,20,1310 3. A chronic or debilitating disease or medical condition or the treatment of
11such a disease or condition that causes cachexia, severe pain, severe nausea,
12seizures, including those characteristic of epilepsy, or severe and persistent muscle
13spasms, including those characteristic of multiple sclerosis.
AB570,20,1614 4. Any other medical condition or any other treatment for a medical condition
15designated as a debilitating medical condition or treatment in rules promulgated by
16the department of health services under s. 961.436 (5).
AB570,20,1717 (c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
AB570,20,1918 (cm) “Out-of-state registry identification card" means a document that is valid
19as provided under sub. (7) (f).
AB570,20,2220 (cp) “Practitioner” means a person licensed as a physician, as defined in s.
21448.01 (5), a physician assistant, as defined in s. 448.01 (6), or an advanced practice
22nurse prescriber certified under s. 441.16 (2).
AB570,20,2423 (d) “Primary caregiver" means a person who has agreed to help a qualifying
24patient use or acquire medical cannabis and who has a registry identification card.
AB570,21,4
1(e) “Qualifying patient" means a person who has been diagnosed in the course
2of a bona fide practitioner-patient relationship as having or undergoing a
3debilitating medical condition or treatment but does not include a person under the
4age of 18 years unless all of the following apply:
AB570,21,75 1. The person's practitioner has explained the potential risks and benefits of
6using medical cannabis to the person and to a parent, guardian, or person having
7legal custody of the person.
AB570,21,98 2. The parent, guardian, or person having legal custody provides the
9practitioner a written statement consenting to do all of the following:
AB570,21,1010 a. Allow the person to use medical cannabis.