The bill also requires the commission to establish procedures for physicians,
physician assistants, and certified advanced practice nurse prescribers to apply for
certification and to be certified to recommend the use of medical marijuana to
qualifying patients. All such persons certified by the commission must keep
complete and accurate records of the recommendations made and for whom the
recommendations are made and provide that information to the commission at the
The bill provides civil, criminal, and professional disciplinary immunity for
physicians, physician assistants, and certified advanced practice nurse prescribers
who recommend medical marijuana for patients in accordance with the
requirements and limitations specified in the bill. However, the bill allows the
Medical Examining Board and the Board of Nursing to issue nonmandatory
guidelines regarding best practices in making recommendations for the use of
Licensed producers, processors, transporters, dispensaries, and
The bill requires any person operating as a medical marijuana producer,
processor, transporter, dispensary, or laboratory to obtain a license from the
commission. An applicant may not obtain a license if the applicant, or any principal
officer or board member of the applicant, has been convicted of a controlled substance
offense. The applicant, and each principal officer or board member must be at least
21 years old and may not have been a principal officer or board member of a producer,
processor, transporter, dispensary, or laboratory that has had its license revoked and
not reinstated. In addition, the applicant, or at least one principal officer or board
member of the applicant, must be a resident of this state. The applicant must also
show that it will have sufficient security measures and record-keeping procedures
in place. A producer or processor may not have any financial interest in a dispensary
or laboratory; a laboratory may not have any financial interest in a producer,
processor, or dispensary; and a dispensary may not have any financial interest in a
producer, processor, or laboratory. A license issued by the commission expires after
Under the bill, a licensee may not operate within 300 feet of a school or child
care center. Every employee of a licensee must be at least 21 years old and may not
have been convicted of a controlled substance offense. In addition, dispensary
employees must complete certain training, as required by the commission by rule.
The bill requires licensed producers, licensed processors, and licensed
laboratories to operate within an enclosed, locked facility. A licensed producer is
prohibited from growing medical marijuana for personal, family, or household use
and may distribute its medical marijuana only to a licensed processor. A licensed
processor must send samples of the medical marijuana that it processes to a licensed
laboratory to test and certify the tetrahydrocannabinol (THC) concentration of the
processor's products and test for the presence of certain contaminants; must package
its products in child-resistant packaging; and must label each package with how
many ounces of medical marijuana it contains and the THC concentration of the
product. A licensed processor may distribute its products only to a licensed
dispensary. A licensed dispensary must label the medical marijuana that it
dispenses with certain information, including the name of the dispensary and the
name of the patient, and may dispense medical marijuana only to a person who
presents a valid registry identification card and only in accordance with the patient's
recommendation. All marijuana and medical marijuana that is transported by way
of a public road may only be transported by a licensed transporter.
The bill also authorizes the commission to inspect, without prior notice, the
premises and records of a licensee or an applicant. The commission may also
establish rules for suspending, revoking, or refusing to issue or renew a license. The
bill authorizes the commission to promulgate any other rules necessary to
administer and implement the medical marijuana program as it relates to producers,
processors, transporters, dispensaries, and laboratories.
Medical marijuana tax
The bill imposes an excise tax on a licensed processor at the rate of 10 percent
of the sales price on each wholesale sale in this state of medical marijuana to a
licensed dispensary. All proceeds from the tax, and all fees and penalties collected
by the commission, are deposited into a segregated fund, identified in the bill as the
medical marijuana fund.
The bill decriminalizes the manufacture, possession, distribution, and delivery
of medical marijuana if that manufacture, possession, distribution, or delivery is
done in compliance with the medical marijuana program established by the
Under current law, with certain exceptions, it is illegal to manufacture, possess,
distribute, or deliver THC, including THC in marijuana, which is classified as a
schedule I controlled substance. The bill authorizes the possession, distribution, or
delivery of medical marijuana by a qualifying patient or his or her primary
caregivers if 1) the possession, distribution, or delivery of marijuana is done to
facilitate a qualifying patient's medical use of the marijuana in accordance with his
or her recommendation; 2) the marijuana is legally obtained from a person who is
authorized to distribute or deliver medical marijuana under the laws of this state;
3) the amount of usable marijuana does not exceed a 30-day supply of individual
doses of medical marijuana per qualifying patient; and 4) the qualifying patient or
primary caregiver has in his or her immediate possession a registry identification
card. The bill authorizes the manufacture, possession, distribution, or delivery of
medical marijuana by an entity that is licensed by the commission or an employee
or agent of such a licensed entity if the manufacture, possession, distribution, or
delivery is done in the usual course of business or employment.
Under the bill, if a person manufactures, possesses, distributes, delivers, or
uses medical marijuana in a way that is not in compliance with the requirements of
the medical marijuana program, he or she can be referred by the commission for
criminal prosecution under the Controlled Substances Act or a local law that
prohibits the possession, manufacture, distribution, or delivery of marijuana.
Prescription drug monitoring program
Current law requires the Controlled Substances Board to establish a
Prescription Drug Monitoring Program (PDMP) that requires pharmacies and
health care practitioners to generate records documenting the dispensing of
monitored prescription drugs. Records from the PDMP may be disclosed to persons
specified under current law or by the board by rule.
The bill requires records to be generated for the PDMP documenting
recommendations for medical marijuana and the issuance of registry identification
cards for medical marijuana.
Fair employment law
Under the current fair employment law, an employer may not refuse to hire or
employ, bar or terminate from employment, or discriminate against any individual
in promotion or compensation or in terms, conditions, or privileges of employment
because the individual has a disability. Such discrimination against an individual
with a disability includes 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. Also under the fair employment law, an employer may not refuse to hire
or employ, bar or terminate from employment, or discriminate against any individual
in promotion or compensation or in terms, conditions, or privileges of employment
because of the individual's use or nonuse of lawful products off the employer's
premises during nonworking hours.
The Department of Workforce Development enforces the fair employment law,
may receive and investigate complaints charging discrimination or discriminatory
practices, and may, if an employer is found to have engaged in discrimination, order
such action by the respondent as will effectuate the purpose of the fair employment
law, including awarding back pay. Decisions of DWD hearing examiners made under
the fair employment law are subject to further review by the Labor and Industry
Review Commission and a court.
The bill provides that the fair employment law does not apply to any act of an
employer based on an individual's use of medical marijuana.
Unemployment insurance; worker's compensation
Currently, an individual whose work is terminated by an employer for
misconduct by the employee connected with the employee's work is ineligible to
receive unemployment insurance (UI) benefits until the individual satisfies certain
conditions. In addition, the wages paid to the individual by that employer are
excluded from the employee's base period wages for purposes of calculating the
individual's entitlement to UI benefits. “Misconduct,” for purposes of these
provisions, is defined specifically as including a violation by an employee of an
employer's reasonable written policy concerning the use of a controlled substance if
the employee 1) had knowledge of the policy and 2) admitted to the use of a controlled
substance, refused to take a test, or tested positive for the use of a controlled
substance in a test used by the employer in accordance with a testing methodology
approved by DWD.
Also under current law, an employer is not liable for temporary disability
benefits under the worker's compensation law during an employee's healing period
if the employee is suspended or terminated for misconduct as defined above.
The bill retains these provisions regarding misconduct and further provides
that such a reasonable written policy may include a drug-free workplace policy.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.435 (title) of the statutes is amended to read:
(title) Same; attached boards
15.435 (2) of the statutes is created to read:
15.435 (2) Medical marijuana regulatory commission
. (a) Creation;
. No later than 30 days after the effective date of this paragraph .... [LRB 6
inserts date], there is created a medical marijuana regulatory commission attached 7
to the department of revenue under s. 15.03, consisting of the following members:
1. One member appointed by the governor.
2. One member appointed by the senate majority leader.
3. One member appointed by the speaker of the assembly.
4. One member appointed by the senate minority leader.
5. One member appointed by the assembly minority leader.
. The governor shall designate one of the appointees under par. 14
(a) to serve as chairperson for a 2-year term. The chairperson is responsible for the 15
commission's daily operations and administrative oversight.
. The commission may request of any state agency such 17
assistance as may be necessary for the commission to fulfill its duties.
. The commission shall begin issuing licenses under s. 73.17 no 19
sooner than 180 days after the creation of the commission.
. 1. Annually, the commission shall submit a report to the legislature 21
under s. 13.172 (2) that provides an overview of the medical marijuana industry in
this state, specifies the administrative and enforcement actions undertaken by the 2
commission, and makes recommendations regarding the operation of the 3
commission and the administration of ss. 73.17 and 73.18 and subch. IV of ch. 139.
2. No later than January 15, 2022, and no later than each January 15 5
thereafter, the commission shall submit to the legislature, as provided under s. 6
13.172 (2), its recommendation for using moneys from the medical marijuana fund 7
for law enforcement drug prevention programs, treatment alternative and diversion 8
programs, and alcohol and other drug abuse treatment programs.
15.437 of the statutes is created to read:
1015.437 Same; councils. (1) Council on medical marijuana
. (a) There is 11
created in the department of revenue a council on medical marijuana to provide 12
advice to the medical marijuana regulatory commission. The council consists of the 13
1. One individual who represents the interests of licensees under s. 73.17.
2. One individual who represents local government.
3. One individual who represents law enforcement.
4. One individual who represents medical providers.
5. One individual who represents providers of financial services.
6. The secretary of agriculture, trade and consumer protection or the 20
7. The secretary of health services or the secretary's designee.
8. The secretary of revenue or the secretary's designee.
9. One member appointed by the senate majority leader.
10. One member appointed by the senate minority leader.
11. One member appointed by the speaker of the assembly.
12. One member appointed by the assembly minority leader.
(b) The governor shall appoint the members under par. (a) 1. to 5. All members 3
serve for staggered 3-year terms, as determined by the secretary of revenue.
20.566 (9) of the statutes is created to read:
20.566 (9) Medical marijuana regulatory commission.
(q) General program
8operations and enforcement
. From the medical marijuana fund, the amounts in the 9
schedule for general program operations, administration, and enforcement of ss. 10
73.17 and 73.18 and subch. IV of ch. 139.
20.923 (4) (e) 13. of the statutes is created to read:
(e) 13. Revenue, department of: medical marijuana regulatory 13
commission: members and chairperson.
20.923 (6) (hp) of the statutes is created to read:
(hp) Revenue, department of: medical marijuana regulatory 16
commission: all positions other than the members and chairperson.
25.56 of the statutes is created to read:
1825.56 Medical marijuana fund.
There is established a separate nonlapsible 19
trust fund, designated as the medical marijuana fund, consisting of all revenue from
the fees, taxes, interest, and penalties under ss. 73.17 and 73.18 and subch. IV of ch. 2
Chapter 73 (title) of the statutes is amended to read:
TAX APPEALS COMMISSION,
medical marijuana regulatory
73.17 of the statutes is created to read:
1073.17 Medical marijuana; licensees.
In this section:
(a) “Child care center” has the meaning given in s. 49.136 (1) (ad).
(b) “Commission” means the medical marijuana regulatory commission.
(c) “Dispensary” means a person who obtains packaged and labeled medical 14
marijuana from a licensed processor and dispenses that marijuana at a permanent 15
location to qualifying patients or primary caregivers holding a valid registry 16
identification card issued under s. 73.18 (3), regardless of whether the dispensing is 17
done in exchange for monetary consideration.
(d) “Laboratory” means a person who obtains medical marijuana from a 19
licensed processor and tests that medical marijuana for tetrahydrocannabinol 20
content and the presence of molds, pesticides, heavy metals, and other 21
(e) “Licensee” means a producer, processor, dispensary, transporter, or 23
laboratory that holds a valid license under this section.
(f) “Marijuana" has the meaning given in s. 961.01 (14).
(g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
(gm) “Primary caregiver" has the meaning given in s. 73.18 (1) (h).
(h) “Processor" means a person who obtains marijuana from a licensed 3
producer, processes the marijuana into medical marijuana, packages and labels the 4
medical marijuana, and transfers or sells the packaged and labeled medical 5
marijuana to a licensed dispensary.
(i) “Producer” means a person who plants, grows, cultivates, and harvests 7
marijuana and transfers or sells the marijuana to a licensed processor.
(im) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
(j) “School” has the meaning given in s. 118.257 (1) (d).
(k) “Transporter” means a person who transports marijuana or medical 11
marijuana to other licensees.
12(2) Annual license required.
No person may operate in this state as a 13
producer, processor, dispensary, transporter, or laboratory without a license issued 14
by the commission under this section. A person who engages in more than one of 15
these activities shall obtain a separate license for each activity. A person who 16
operates more than one dispensary location shall obtain a separate license for each 17
location. A person who is an employee of a licensee is not required to obtain a 18
separate license. A license issued under this section expires after one year. A person 19
is not required to obtain a license under this section if the person handles only 20
industrial hemp and holds a valid license under s. 94.55.
21(3) License criteria.
The commission may issue a license to a producer, 22
processor, dispensary, transporter, or laboratory if the commission determines that 23
all of the following requirements are met:
(a) Notwithstanding ss. 111.321, 111.322, and 111.335, the applicant, or each 25
principal officer or board member of the applicant, has never been convicted of a
criminal violation of the federal Controlled Substances Act under 21 USC 801
the Uniform Controlled Substances Act under ch. 961, or any controlled substances 3
law of another state. The commission shall determine whether this requirement is 4
met on the basis of a criminal history search obtained from the records maintained 5
by the department of justice for each of these persons. The department of justice 6
shall provide information to the commission necessary to determine whether this 7
requirement is met.
(b) The applicant, or each principal officer or board member of the applicant, 9
is at least 21 years of age.
(c) For the 24 months following the first date on which the commission receives 11
applications under this section, the applicant, or at least one principal officer or 12
board member of the applicant, has resided in this state, in accordance with the 13
qualifications set forth in s. 6.10, for at least one year before submitting an 14
application to the commission under this subsection.