SB1035,18,14 111.32 (15) “Use of a lawful product off the employer's premises during nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f), off the employer's premises during nonworking hours but only if such use is in accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the use is by an individual who holds a valid registry identification card, as defined in s. 146.44 (1) (g).

SB1035,23 Section 23 . 111.34 (1) (c) of the statutes is created to read:

SB1035,18,22 111.34 (1) (c) 1. Except as provided in subd. 2., refusing to hire or employ, barring, suspending, or terminating an individual, or discriminating against an individual in promotion, in compensation, or in terms, conditions, or privileges of employment, based on the individual's use of medical cannabis, as defined in s. 94.57 (1) (f), if such use is in accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the individual holds a valid registry identification card, as defined in s. 146.44 (1) (g).

SB1035,18,23 2. Subdivision 1. does not apply if any of the following applies:

SB1035,18,25 a. The employee uses or possesses medical cannabis on the employer's premises or during working hours.

SB1035,19,2 b. The use impairs the individual's ability to undertake adequately the job-related responsibilities of that individual's employment.

SB1035,19,5 c. The refusal, bar, suspension, termination, or discrimination is necessary for the employer to avoid losing a monetary or licensing-related benefit under federal law or regulations.

SB1035,24 Section 24 . 111.35 (2) (e) of the statutes is amended to read:

SB1035,19,10 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation. This paragraph does not apply with respect to any conflict between the use of medical cannabis described in s. 111.32 (15) and violations concerning marijuana or tetrahydrocannabinols under 21 USC 841 to 865.

SB1035,25 Section 25 . 111.35 (2) (f) of the statutes is created to read:

SB1035,19,14 111.35 (2) (f) In the case of use of medical cannabis described in s. 111.32 (15), would result in the employer losing a monetary or licensing-related benefit under federal law or regulations.

SB1035,26 Section 26 . 146.44 of the statutes is created to read:

SB1035,19,17 146.44 Medical cannabis registry program. (1) Definitions. In this section:

SB1035,19,19 (a) “Applicant" means a person who is applying for a registry identification card under sub. (2) (a) or (ac).

SB1035,19,21 (ag) “Bona fide practitioner-patient relationship" means a relationship between a practitioner and a patient that includes all of the following:

SB1035,19,23 1. An assessment of the patient's medical history and current medical condition by the practitioner, including an in-person physical examination if appropriate.

SB1035,19,25 2. A consultation between the practitioner and the patient with respect to the patient's debilitating medical condition or treatment.

SB1035,20,2 3. Availability by the practitioner to provide follow-up care and treatment to the patient, including patient examinations.

SB1035,20,3 (b) “Debilitating medical condition or treatment" means any of the following:

SB1035,20,9 1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for the presence of human immunodeficiency virus, antigen or nonantigenic products of human immunodeficiency virus, or an antibody to human immunodeficiency virus, Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amyotrophic lateral sclerosis, nail-patella syndrome, Ehlers-Danlos syndrome, post-traumatic stress disorder, or the treatment of these conditions.

SB1035,20,10 2. Opioid abatement or reduction or treatment for opioid addiction.

SB1035,20,14 3. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB1035,20,17 4. Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the department under s. 961.436 (5).

SB1035,20,18 (c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).

SB1035,20,20 (cm) “Out-of-state registry identification card" means a document that is valid as provided under sub. (7) (f).

SB1035,20,23 (cp) “Practitioner” means a person licensed as a physician, as defined in s. 448.01 (5), a physician assistant, or an advanced practice nurse prescriber certified under s. 441.16 (2).

SB1035,20,25 (d) “Primary caregiver" means a person who has agreed to help a qualifying patient use or acquire medical cannabis and who has a registry identification card.

SB1035,21,4 (e) “Qualifying patient" means a person who has been diagnosed in the course of a bona fide practitioner-patient relationship as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

SB1035,21,7 1. The person's practitioner has explained the potential risks and benefits of using medical cannabis to the person and to a parent, guardian, or person having legal custody of the person.