The bill requires health insurance policies, known in the bill as disability
insurance policies, and self-insured health plans of the state or of a county, city, town,
village, or school district that provides coverage of prescription drugs and devices to
provide coverage for the medical use of THC in accordance with requirements
specified in the bill and any equipment or supplies necessary for the medical use of
THC. The coverage of the medical use of THC may be subject under the policy or plan
only to the exclusions, limitations, and cost-sharing provisions that apply generally
to the coverage of prescription drugs or devices under the policy or plan.
general regulation of marijuana
Under current law, a person may not operate a vehicle with a detectable amount
of a restricted controlled substance, which includes delta-9-tetrahydrocannabinol
(THC), in his or her blood, regardless of impairment. Penalties for violating this
provision increase with the number of violations. Under the bill, a person may not
operate a vehicle with a THC concentration of 5.0 ng/mL or more, instead of a
detectable amount, in his or her blood. The bill does not change the penalty
structure.
Under the fair employment law, no employer or other person may engage in any
act of employment discrimination against any individual on the basis of the
individual's use or nonuse of lawful products off the employer's premises during

nonworking hours, subject to certain exceptions, one of which is if the use impairs
the individual's ability to undertake adequately the job-related responsibilities of
that individual's employment. The bill specifically defines marijuana as a lawful
product for purposes of the fair employment law, such that no person may engage in
any act of employment discrimination against an individual because of the
individual's use of marijuana off the employer's premises during nonworking hours,
subject to those exceptions.
Under current law, an individual may be disqualified from receiving
unemployment insurance benefits if he or she is terminated because of misconduct
or substantial fault. The bill specifically provides that an employee's use of
marijuana off the employer's premises during nonworking hours does not constitute
misconduct or substantial fault unless termination for that use is permitted under
one of the exceptions under the fair employment law. Also under current law, the
Department of Workforce Development must establish a program to test claimants
who apply for UI benefits for the presence of controlled substances, as defined under
federal law. If a claimant tests positive for a controlled substance, the claimant may
be denied UI benefits, subject to certain exceptions and limitations. The bill excludes
THC for purposes of this testing requirement. As such, under the bill, an individual
who tests positive for THC may not be denied UI benefits.
The bill exempts THC, including marijuana, from drug testing for certain
public assistance programs. Currently, a participant in a community service job or
transitional placement under the Wisconsin Works program (W2) or a recipient of
the FoodShare program, also known as the food stamp program, who is convicted of
possession, use, or distribution of a controlled substance must submit to a test for
controlled substances as a condition of continued eligibility. DHS is currently
required to request a waiver of federal Medicaid law to require drug screening and
testing as a condition of eligibility for the childless adult demonstration project in the
Medical Assistance program. Current law also requires DHS to promulgate rules to
develop and implement a drug screening, testing, and treatment policy for
able-bodied adults without dependents in the FoodShare employment and training
program. The bill exempts THC from all of those drug-testing requirements and
programs. In addition, because THC is not a controlled substance under state law
under the bill, the requirement under current law that the Department of Children
and Families promulgate rules to create a controlled substance abuse screening and
testing requirement for applicants for the work experience program for noncustodial
parents under W2 and the Transform Milwaukee Jobs and Transitional Jobs
programs does not include THC.
Unless federal law requires otherwise, the bill prohibits a hospital, physician,
organ procurement organization, or other person from determining the ultimate
recipient of an anatomical gift on the sole basis of a positive test for the use of
marijuana by a potential recipient.
The bill changes state law regarding marijuana. It does not affect federal law,
which generally prohibits persons from manufacturing, delivering, or possessing
marijuana and applies to both intrastate and interstate violations.

This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.
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
report.
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:
SB377,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB377,2 3Section 2 . 20.115 (7) (ge) of the statutes is created to read:
SB377,8,74 20.115 (7) (ge) Marijuana producers and processors; official logotype. All
5moneys received under s. 94.56 for regulation of activities relating to marijuana
6under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
7the creation of a logotype under s. 100.145.
SB377,3 8Section 3 . 20.435 (1) (gq) of the statutes is created to read:
SB377,9,29 20.435 (1) (gq) Medical marijuana registry program; physician education and
10public awareness campaign; official logotype.
All moneys received under s. 146.44
11for costs relating to the administration of the medical marijuana registry program
12under s. 146.44, for educating physicians about the availability of medical marijuana

1and conducting public awareness campaigns under s. 146.44, and for the creation of
2a logotype under s. 146.46.
SB377,4 3Section 4 . 20.435 (1) (jm) of the statutes is created to read:
SB377,9,64 20.435 (1) (jm) Licensing and support services for compassion centers. All
5moneys received under s. 50.84 to regulate and license compassion centers under
6subch. VI of ch. 50.
SB377,5 7Section 5 . 20.435 (6) (jm) of the statutes is amended to read:
SB377,9,248 20.435 (6) (jm) Licensing and support services. The amounts in the schedule
9for the purposes specified in ss. 48.685 (2) (am) and (b), (3) (a) and (b), and (5) (a),
1048.686 (2) (am), (3) (am) and (bm), and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065
11(2) (am) and (b) 1., (3) (a) and (b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495,
1250.52 (2) (a), 50.57, 50.981, and 146.40 (4r) (b) and (er), and subch. VI VII of ch. 50
13and to conduct health facilities plan and rule development activities, for accrediting
14nursing homes, convalescent homes, and homes for the aged, to conduct capital
15construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), and
16for the costs of inspecting, licensing or certifying, and approving facilities, issuing
17permits, and providing technical assistance, that are not specified under any other
18paragraph in this subsection. All moneys received under ss. 48.685 (8), 48.686 (2)
19(ag), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49
20(2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and 50.981, all moneys received from
21fees for the costs of inspecting, licensing or certifying, and approving facilities,
22issuing permits, and providing technical assistance, that are not specified under any
23other paragraph in this subsection, and all moneys received under s. 50.135 (2) shall
24be credited to this appropriation account.
SB377,6 25Section 6 . 20.566 (1) (bn) of the statutes is created to read:
SB377,10,5
120.566 (1) (bn) Administration and enforcement of marijuana tax and
2regulation.
The amounts in the schedule for the purposes of administering the
3marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
4enforcing the taxing and regulation of marijuana producers, marijuana processors,
5and marijuana retailers under subch. IV of ch. 139.
SB377,7 6Section 7 . 23.33 (1) (jo) 1. of the statutes is amended to read:
SB377,10,87 23.33 (1) (jo) 1. A controlled substance included in schedule I under ch. 961
8other than a tetrahydrocannabinol.
SB377,8 9Section 8 . 23.33 (1) (jo) 5. of the statutes is repealed.
SB377,9 10Section 9 . 23.33 (1) (k) of the statutes is created to read: