SB377,41,7 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

SB377,41,11 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

SB377,82 Section 82 . 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (a) 1. and amended to read:

SB377,41,15 108.133 (1) (a) 1. Notwithstanding s. 108.02 (9), “controlled substance" has the meaning given in 21 USC 802, except as provided in subd. 2.

SB377,83 Section 83 . 108.133 (1) (a) 2. of the statutes is created to read:

SB377,41,20 108.133 (1) (a) 2. “Controlled substance” does not include tetrahydrocannabinols, commonly known as “THC," in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB377,84 Section 84 . 111.32 (9m) of the statutes is created to read:

SB377,41,22 111.32 (9m) “Lawful product” includes marijuana.

SB377,85 Section 85 . 111.32 (11m) of the statutes is created to read:

SB377,42,2 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.

SB377,86 Section 86 . 111.35 (2) (e) of the statutes is amended to read:

SB377,42,6 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation. This paragraph does not apply with respect to violations concerning marijuana or tetrahydrocannabinols under 21 USC 841 to 865.

SB377,87 Section 87 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:

SB377,42,14 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, tetrahydrocannabinols, controlled substances, or controlled substance analogs and development of an airman safety plan for the person. The court shall notify the person, the department, and the proper federal agency of the assessment order. The assessment order shall:

SB377,88 Section 88 . 114.09 (2) (bm) 4. of the statutes is amended to read:

SB377,43,2 114.09 (2) (bm) 4. The assessment report shall order compliance with an airman safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The safety plan may include treatment for the person's misuse, abuse, or dependence on alcohol, tetrahydrocannabinols, controlled substances, or controlled substance analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. An airman safety plan under this paragraph shall include a termination date consistent with the plan that shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment.

SB377,89 Section 89 . 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and amended to read:

SB377,43,14 115.35 (1) (a) (intro.) A critical health problems education program is established in the department. The program shall be a systematic and integrated program designed to provide appropriate learning experiences based on scientific knowledge of the human organism as it functions within its environment and designed to favorably influence the health, understanding, attitudes and practices of the individual child which will enable him or her to adapt to changing health problems of our society. The program shall be designed to educate youth with regard to critical health problems and shall include, but not be limited to, the following topics as the basis for comprehensive education curricula in all elementary and secondary schools: controlled

SB377,43,16 1. Controlled substances, as defined in s. 961.01 (4); controlled substance analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.

SB377,43,17 2. Mental health; sexually .

SB377,43,19 3. Sexually transmitted diseases, including acquired immunodeficiency syndrome; human.

SB377,43,20 4. Human growth and development; and.

SB377,43,21 5. Other related health and safety topics as determined by the department.

SB377,43,24 (b) Participation in the human growth and development topic of the curricula described in par. (a) shall be entirely voluntary. The department may not require a school board to use a specific human growth and development curriculum.

SB377,90 Section 90 . 115.35 (1) (a) 6. of the statutes is created to read:

SB377,44,5 115.35 (1) (a) 6. Beginning in the 2019-20 school year, the program shall also include scientific, evidence-based and grade-level-appropriate information about the common uses of marijuana, how marijuana use affects an individual's behavior, body, and brain, and the health and behavior risks associated with marijuana use and abuse.

SB377,91 Section 91 . 121.02 (1) (L) 8. of the statutes is created to read:

SB377,44,9 121.02 (1) (L) 8. Beginning in the 2019-20 school year, as part of the health curriculum, in one of grades 5 to 8 and in one of grades 9 to 12, provide pupils with the instruction about marijuana described in s. 115.35 (1) (a) 6.

SB377,92 Section 92 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is created to read: