AB546-AA3,10,14 10(5) Producers. (a) A licensed producer may plant, grow, cultivate, and harvest
11medical cannabis, including planting, growing, cultivating, and harvesting
12outdoors; transfer or sell the medical cannabis to a licensed processor; and engage
13in any related activities that are necessary for the operation, such as possessing,
14storing, and transporting the medical cannabis.
AB546-AA3,10,1615 (b) A licensed producer may not plant, grow, cultivate, or harvest medical
16cannabis for personal, family, or household use.
AB546-AA3,10,24 17(6) Processors. (a) A licensed processor may obtain medical cannabis from
18a licensed producer; process the medical cannabis into usable cannabis or individual
19cannabis plants; transfer samples of the usable cannabis or individual cannabis
20plants to a registered laboratory; package and label the usable cannabis or individual
21cannabis plants; transfer or sell the usable cannabis or individual cannabis plants
22to a licensed dispensary; and engage in any related activities that are necessary for
23the operation, such as possessing, storing, and transporting the usable cannabis or
24individual cannabis plants.
AB546-AA3,11,7
1(b) Before distributing medical cannabis to a licensed dispensary, a licensed
2processor shall provide samples of each type of cannabis plant and usable cannabis
3that it processes to a registered laboratory to test for mold, fungus, pesticides, and
4other contaminants and may not distribute medical cannabis that tests positive for
5mold, fungus, pesticides, or other contaminants if the contaminants or the level of
6contaminants is identified by the laboratory as being potentially unsafe to an
7individual's health.
AB546-AA3,11,12 8(7) Dispensaries. (a) A licensed dispensary may obtain packaged, labelled
9medical cannabis from a licensed processor; dispense the medical cannabis according
10to the provisions of this section; and engage in any related activities that are
11necessary for the operation, such as possessing, storing, and transporting the
12medical cannabis.
AB546-AA3,11,1413 (b) A licensed dispensary may dispense medical cannabis only to a person who
14presents a valid registry identification card issued under s. 146.44.
AB546-AA3,11,1615 (c) The department shall determine which and how many applicants for a
16dispensary license receive a license on the basis of all of the following:
AB546-AA3,11,1717 1. Convenience to treatment teams and the preferences of treatment teams.
AB546-AA3,11,1918 2. The ability of an applicant to provide to treatment teams a sufficient amount
19of medical cannabis.
AB546-AA3,11,2120 3. The experience the applicant has running a nonprofit organization or a
21business.
AB546-AA3,11,2322 4. The preferences of the governing bodies with jurisdiction over the area in
23which the applicants are located.
AB546-AA3,11,2524 5. The ability of the applicant to keep records confidential and maintain a safe
25and secure facility.
AB546-AA3,12,1
16. The ability of the applicant to abide by the prohibitions under sub. (3) (b).
AB546-AA3,12,10 2(8) Laboratories. The department shall register entities as medical cannabis
3testing laboratories. The department may not register a laboratory if any principal
4officer or board member of the entity has any financial interest in a licensee or an
5applicant for a license under this section. A registered laboratory may obtain
6samples of medical cannabis from a licensed processor; test and certify the
7tetrahydrocannabinol content of the medical cannabis and whether the medical
8cannabis contains any contaminants; and engage in any related activities that are
9necessary for the operation, such as possessing, storing, and transporting the
10medical cannabis. Registered laboratories shall perform the following services:
AB546-AA3,12,1211 (a) Testing medical cannabis for potency and for mold, fungus, pesticides, and
12other contaminants.
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.
AB546-AA3,15,1716 2. A violation of the employer's policy concerning the use of cannabis, if all of
17the following apply:
AB546-AA3,15,1918 a. The employee was using medical cannabis in accordance with a valid written
19certification.
AB546-AA3,15,2020 b. The employee held a valid registry identification card.
AB546-AA3,15,2221 c. The employee did not use or possess medical cannabis on the employer's
22premises or during working hours.
AB546-AA3,15,2423 d. The use did not impair the individual's ability to perform adequately the
24job-related responsibilities of that individual's employment.
AB546-AA3,22 25Section 22. 111.32 (15) of the statutes is created to read:
AB546-AA3,16,5
1111.32 (15) “Use of a lawful product off the employer's premises during
2nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f),
3off the employer's premises during nonworking hours, but only if such use is in
4accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the
5individual holds a valid registry identification card, as defined in s. 146.44 (1) (g).
AB546-AA3,23 6Section 23. 111.34 (1) (c) of the statutes is created to read:
AB546-AA3,16,137 111.34 (1) (c) 1. Except as provided in subd. 2., refusing to hire or employ,
8barring, suspending, or terminating an individual, or discriminating against an
9individual in promotion, in compensation or in terms, conditions or privileges of
10employment, based on the individual's use of medical cannabis, as defined in s. 94.57
11(1) (f), if such use is in accordance with a valid written certification, as defined in s.
12146.44 (1) (h), and the individual holds a valid registry identification card, as defined
13in s. 146.44 (1) (g).
AB546-AA3,16,1414 2. Subdivision 1. does not apply if any of the following apply:
AB546-AA3,16,1615 a. The employee uses or possesses medical cannabis on the employer's premises
16or during working hours.
AB546-AA3,16,1817 b. The use impairs the individual's ability to undertake adequately the
18job-related responsibilities of that individual's employment.
AB546-AA3,16,2119 c. The refusal, bar, suspension, termination, or discrimination is necessary for
20the employer to avoid losing a monetary or licensing-related benefit under federal
21law or regulations.
AB546-AA3,24 22Section 24. 111.35 (2) (e) of the statutes is amended to read:
AB546-AA3,17,223 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
24This paragraph does not apply with respect to any conflict between the use of medical

1cannabis described in s. 111.32 (15) and violations concerning marijuana or
2tetrahydrocannabinols under 21 USC 841 to 865.
AB546-AA3,25 3Section 25. 111.35 (2) (f) of the statutes is created to read:
AB546-AA3,17,64 111.35 (2) (f) In the case of use of medical cannabis described in s. 111.32 (15),
5would result in the employer losing a monetary or licensing-related benefit under
6federal law or regulations.
AB546-AA3,26 7Section 26. 146.44 of the statutes is created to read:
AB546-AA3,17,9 8146.44 Medical Cannabis Registry Program. (1) Definitions. In this
9section:
AB546-AA3,17,1110 (a) “Applicant" means a person who is applying for a registry identification card
11under sub. (2) (a) or (ac).
AB546-AA3,17,1312 (ag) “Bona fide practitioner-patient relationship" means a relationship
13between the practitioner and the patient that includes all of the following:
AB546-AA3,17,1514 1. An assessment of the patient's medical history and current medical condition
15by the practitioner, including an in-person physical examination if appropriate.
AB546-AA3,17,1716 2. A consultation between the practitioner and the patient with respect to the
17patient's debilitating medical condition or treatment.
AB546-AA3,17,1918 3. Availability by the practitioner to provide follow-up care and treatment to
19the patient, including patient examinations.
AB546-AA3,17,2020 (b) “Debilitating medical condition or treatment" means any of the following:
AB546-AA3,17,2521 1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
22the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV,
23Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic
24lateral sclerosis, nail-patella syndrome, Ehlers-Danlos Syndrome, post-traumatic
25stress disorder, or the treatment of these conditions.
AB546-AA3,18,1
12. Opioid abatement or reduction or treatment for opioid addiction.
AB546-AA3,18,52 3. A chronic or debilitating disease or medical condition or the treatment of
3such a disease or condition that causes cachexia, severe pain, severe nausea,
4seizures, including those characteristic of epilepsy, or severe and persistent muscle
5spasms, including those characteristic of multiple sclerosis.
AB546-AA3,18,86 4. Any other medical condition or any other treatment for a medical condition
7designated as a debilitating medical condition or treatment in rules promulgated by
8the department of health services under s. 961.436 (5).
AB546-AA3,18,99 (c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
AB546-AA3,18,1110 (cm) “Out-of-state registry identification card" means a document that is valid
11as provided under sub. (7) (f).
AB546-AA3,18,1412 (cp) “Practitioner” means a person licensed as a physician, as defined in s.
13448.01 (5), a physician assistant, as defined in s. 448.01 (6), or an advanced practice
14nurse prescriber certified under s. 441.16 (2).
AB546-AA3,18,1615 (d) “Primary caregiver" means a person who has agreed to help a qualifying
16patient use or acquire medical cannabis and who has a registry identification card.
AB546-AA3,18,2017 (e) “Qualifying patient" means a person who has been diagnosed in the course
18of a bona fide practitioner-patient relationship as having or undergoing a
19debilitating medical condition or treatment but does not include a person under the
20age of 18 years unless all of the following apply:
AB546-AA3,18,2321 1. The person's practitioner has explained the potential risks and benefits of
22using medical cannabis to the person and to a parent, guardian, or person having
23legal custody of the person.
AB546-AA3,18,2524 2. The parent, guardian, or person having legal custody provides the
25practitioner a written statement consenting to do all of the following:
AB546-AA3,19,1
1a. Allow the person to use medical cannabis.
AB546-AA3,19,22 b. Serve as a primary caregiver for the person.
AB546-AA3,19,33 c. Manage the person's use of medical cannabis.
AB546-AA3,19,44 (f) “Registrant" means a person to whom a registry identification card is issued.
AB546-AA3,19,65 (g) “Registry identification card" means a document issued by the department
6under sub. (4) that identifies a person as a qualifying patient or primary caregiver.
AB546-AA3,19,87 (h) “Written certification" means a statement written by a person's practitioner
8if all of the following apply:
AB546-AA3,19,129 1. The statement indicates that, in the practitioner's professional opinion, the
10person has or is undergoing a debilitating medical condition or treatment and the
11potential benefits of using medical cannabis would likely outweigh the health risks
12for the person.
AB546-AA3,19,1413 2. The statement indicates that the opinion described in subd. 1. was made in
14the course of a bona fide practitioner-patient relationship.
AB546-AA3,19,1615 3. The statement is signed by the practitioner or is contained in the person's
16medical records.
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