AB546-AA3,12,1413 (b) Researching findings related to medical cannabis, including findings that
14identify potentially unsafe levels of contaminants.
AB546-AA3,12,1615 (c) Providing training to persons who hold registry identification cards,
16treatment teams, and persons employed by licensees on all of the following:
AB546-AA3,12,1817 1. The safe and efficient cultivation, harvesting, packaging, labeling, and
18distribution of medical cannabis.
AB546-AA3,12,1919 2. Security and inventory accountability procedures.
AB546-AA3,12,2020 3. The most recent research on medical cannabis.
AB546-AA3,12,24 21(9) Confidentiality. The department may disclose to a law enforcement
22agency only information necessary to verify that a licensee has a valid license issued
23under this section, an entity is complying with rules promulgated under sub. (11), or
24a laboratory is registered under sub. (8).
AB546-AA3,13,3
1(10) Inspections. The department may inspect, without prior notice, the
2premises of an applicant, licensee, or registered laboratory and any records required
3to be retained by a licensee or registered laboratory.
AB546-AA3,13,7 4(11) Rules. (a) The department shall promulgate rules to administer and
5enforce this section. Rules promulgated under this subsection shall be designed to
6promote and prioritize producers, processors, and dispensaries that are small, local
7organizations.
AB546-AA3,13,208 (b) When promulgating rules under this section, the department may, as
9necessary, use the procedure under s. 227.24 to promulgate emergency rules.
10Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under
11this subsection, the department is not required to provide evidence that
12promulgating a rule under this subsection as an emergency rule is necessary for the
13preservation of the public peace, health, safety, or welfare and is not required to
14provide a finding of emergency for a rule promulgated under this subsection.
15Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and subsequent
16emergency rules promulgated under this subsection remain in effect until the date
17on which permanent rules take effect. Notwithstanding s. 227.24 (1) (e) 1d. and 1g.,
18for emergency rules promulgated under this subsection, the department is not
19required to prepare a statement of scope of the rules or to submit the proposed rules
20in final draft form to the governor for approval.
AB546-AA3,18 21Section 18. 101.123 (1) (h) (intro.) of the statutes is amended to read:
AB546-AA3,13,2322 101.123 (1) (h) (intro.) “Smoking" means burning or holding, or inhaling or
23exhaling smoke from, any of the following items containing tobacco or cannabis:
AB546-AA3,19 24Section 19. 102.43 (9) (e) of the statutes is amended to read:
AB546-AA3,14,4
1102.43 (9) (e) The employee's employment with the employer has been
2suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial
3fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee's
4work, subject to s. 108.04 (5m).
AB546-AA3,20 5Section 20. 106.50 (1m) (h) of the statutes is amended to read:
AB546-AA3,14,136 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
7a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
8because of sex, race, color, sexual orientation, disability, religion, national origin,
9marital status, or family status, ; status as a victim of domestic abuse, sexual assault,
10or stalking,; whether the person holds, or has applied for, a registry identification
11card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as
12defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined
13in s. 961.01 (20t);
lawful source of income,; age,; or ancestry.
AB546-AA3,21 14Section 21. 108.04 (5m) of the statutes is created to read:
AB546-AA3,14,1515 108.04 (5m) Use of medical cannabis. (a) In this subsection:
AB546-AA3,14,1616 1. “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
AB546-AA3,14,1717 2. “Registry identification card” has the meaning given in s. 146.44 (1) (g).
AB546-AA3,14,1818 3. “Written certification” has the meaning given in s. 146.44 (1) (h).
AB546-AA3,14,2019 (b) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not
20include any of the following:
AB546-AA3,14,2421 1. A positive test for cannabis components or metabolites, in the absence of
22other actions or conduct that constitute misconduct under sub. (5). This subdivision
23applies only with respect to an employee with a valid written certification and a valid
24registry identification card.
AB546-AA3,15,2
12. A violation of the employer's policy concerning the use of cannabis, if all of
2the following apply:
AB546-AA3,15,43 a. The employee was using medical cannabis in accordance with a valid written
4certification.
AB546-AA3,15,55 b. The employee held a valid registry identification card.
AB546-AA3,15,76 c. The employee did not use or possess medical cannabis on the employer's
7premises or during working hours.
AB546-AA3,15,98 d. The use did not impair the individual's ability to perform adequately the
9job-related responsibilities of that individual's employment.
AB546-AA3,15,1110 (c) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
11not include any of the following:
AB546-AA3,15,1512 1. A positive test for cannabis components or metabolites, in the absence of
13other acts or omissions that constitute substantial fault under sub. (5). This
14subdivision applies only with respect to an employee with a valid written
15certification and a valid registry identification card.