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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. AB1063,25
11Section 25
. 111.35 (2) (f) of the statutes is created to read:
AB1063,19,1412
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.
AB1063,26
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 a practitioner and a 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.
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2. A consultation between the practitioner and the patient with respect to the
25patient's debilitating medical condition or treatment.
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13. Availability by the practitioner to provide follow-up care and treatment to
2the patient, including patient examinations.
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(b) “Debilitating medical condition or treatment" means any of the following:
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1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
5the presence of human immunodeficiency virus, antigen or nonantigenic products of
6human immunodeficiency virus, or an antibody to human immunodeficiency virus,
7Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amyotrophic
8lateral sclerosis, nail-patella syndrome, Ehlers-Danlos syndrome, post-traumatic
9stress disorder, or the treatment of these conditions.
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2. Opioid abatement or reduction or treatment for opioid addiction.
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3. A chronic or debilitating disease or medical condition or the treatment of
12such a disease or condition that causes cachexia, severe pain, severe nausea,
13seizures, including those characteristic of epilepsy, or severe and persistent muscle
14spasms, including those characteristic of multiple sclerosis.
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4. Any other medical condition or any other treatment for a medical condition
16designated as a debilitating medical condition or treatment in rules promulgated by
17the department under s. 961.436 (5).
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(c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
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(cm) “Out-of-state registry identification card" means a document that is valid
20as provided under sub. (7) (f).
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(cp) “Practitioner” means a person licensed as a physician, as defined in s.
22448.01 (5), a physician assistant, or an advanced practice nurse prescriber certified
23under s. 441.16 (2).
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(d) “Primary caregiver" means a person who has agreed to help a qualifying
25patient use or acquire medical cannabis and who has a registry identification card.
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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:
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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.
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2. The parent, guardian, or person having legal custody of the person provides
9to the practitioner a written statement consenting to do all of the following:
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a. Allow the person to use medical cannabis.
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b. Serve as a primary caregiver for the person.
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c. Manage the person's use of medical cannabis.
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(f) “Registrant" means a person to whom a registry identification card is issued.
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(g) “Registry identification card" means a document issued by the department
15under sub. (4) that identifies a person as a qualifying patient or primary caregiver.
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(h) “Written certification" means a statement written by a person's practitioner
17if all of the following apply:
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1. The statement indicates that, in the practitioner's professional opinion, the
19person has or is undergoing a debilitating medical condition or treatment and the
20potential benefits of using medical cannabis would likely outweigh the health risks
21for the person.