AB1067,27,8 (c) Provides a cause of action against an employer.

AB1067,27,10 (d) Limits an employer's ability to establish and enforce a drug-free workplace policy.

AB1067,27,11 (e) Requires an employer to violate federal law.

AB1067,12 Section 12 . 77.52 (13) of the statutes is amended to read:

AB1067,27,24 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (66), and (67), and (70).

AB1067,13 Section 13 . 77.53 (10) of the statutes is amended to read:

AB1067,28,13 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by the department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (70).

AB1067,14 Section 14 . 77.54 (70) of the statutes is created to read:

AB1067,28,17 77.54 (70) The sales price from the sales of and the storage, use, or other consumption of medical marijuana distributed by a dispensary licensed and operating under s. 73.17.

AB1067,15 Section 15 . 108.04 (5) (a) (intro.) of the statutes is amended to read:

AB1067,28,22 108.04 (5) (a) (intro.) A violation by an employee of an employer's reasonable written policy concerning the use of alcohol beverages, or use of a controlled substance or a controlled substance analog, including a drug-free workplace policy, if the employee:

AB1067,16 Section 16 . 111.32 (9m) of the statutes is created to read:

AB1067,28,24 111.32 (9m) “Lawful product” does not include medical marijuana.

AB1067,17 Section 17 . 111.32 (12c) of the statutes is created to read:

AB1067,29,1 111.32 (12c) “Medical marijuana” has the meaning given in s. 73.18 (1) (e).

AB1067,18 Section 18 . 111.34 (1) (b) of the statutes is amended to read:

AB1067,29,6 111.34 (1) (b) Refusing Subject to sub. (3), refusing to reasonably accommodate an employee's or prospective employee's disability unless the employer can demonstrate that the accommodation would pose a hardship on the employer's program, enterprise or business.

AB1067,19 Section 19 . 111.34 (3) of the statutes is created to read:

AB1067,29,9 111.34 (3) Notwithstanding s. 111.322, this subchapter does not apply to any act of an employer based upon an individual's use of medical marijuana.

AB1067,20 Section 20 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is created to read:

AB1067,29,12 chapter 139

AB1067,29,13 subchapter Iv

AB1067,29,14 medical marijuana tax

AB1067,29,15 139.97 Definitions. In this subchapter:

AB1067,29,16 (1) “Commission” means the medical marijuana regulatory commission.

AB1067,29,17 (2) “Department” means the department of revenue.

AB1067,29,18 (3) “Dispensary” has the meaning given in s. 73.17 (1) (c).

AB1067,29,19 (4) “Marijuana" has the meaning given in s. 961.01 (14).

AB1067,29,20 (5) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).