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AB56-SA12,21,1817 (c) The statement is signed by the physician or is contained in the person's
18medical records.
AB56-SA12,21,2019 (d) The statement contains an expiration date that is no more than 48 months
20after issuance and the statement has not expired.
AB56-SA12,21,22 2150.81 Departmental powers and duties. (1) The department shall provide
22licensing, regulation, record keeping, and security for compassion centers.
AB56-SA12,22,5 23(2) Notwithstanding s. 227.12 (1), any person may petition the department to
24promulgate a rule to designate a medical condition or treatment as a debilitating
25medical condition or treatment. The department shall promulgate rules providing

1for public notice of and a public hearing regarding any such petition, with the public
2hearing providing persons an opportunity to comment upon the petition. After the
3hearing, but no later than 180 days after the submission of the petition, the
4department shall approve or deny the petition. The department's decision to approve
5or deny a petition is subject to judicial review under s. 227.52.
AB56-SA12,22,8 650.82 Licensing. The department shall issue licenses to a pharmacist or a
7pharmacy to operate as a compassion center and shall decide which and how many
8applicants for a license receive a license based on all of the following:
AB56-SA12,22,10 9(1) The ability of an applicant to provide to treatment teams a sufficient
10amount of medical marijuana for the medical use of tetrahydrocannabinols.
AB56-SA12,22,11 11(2) The experience the applicant has running an organization or a business.
AB56-SA12,22,13 12(3) The preferences of the governing bodies with jurisdiction over the area in
13which the applicants are located.
AB56-SA12,22,15 14(4) The ability of the applicant to keep records confidential and maintain a safe
15and secure facility.
AB56-SA12,22,16 16(5) The ability of the applicant to abide by the prohibitions under s. 50.83.
AB56-SA12,22,19 1750.83 Prohibitions. The department may not issue a license to operate as a
18compassion center to, and must revoke a license of, any organization to which any
19of the following applies:
AB56-SA12,22,21 20(1) The organization is located within 500 feet of a public or private elementary
21or secondary school, including a charter school.
AB56-SA12,22,24 22(2) The compassion center distributes to a treatment team a number of plants
23or an amount in ounces of usable marijuana that, in the period of distribution, results
24in the treatment team possessing more than the maximum medicinal amount.
AB56-SA12,23,4
1(3) The compassion center possesses a number of plants or an amount in ounces
2of usable marijuana that exceeds the combined maximum medicinal amount for all
3of the treatment teams that are estimated to use the organization by a number or an
4amount determined by the department by rule to be unacceptable.
AB56-SA12,23,7 550.84 Licensing procedure. (1) The application for a license must be in
6writing on a form provided by the department and include the licensing application
7fee under sub. (2) (a).
AB56-SA12,23,8 8(2) (a) A licensing application fee is $250.
AB56-SA12,23,99 (b) The annual fee for a compassion center is $5,000.
AB56-SA12,23,12 10(3) A compassion center license is valid until revoked. Each license shall be
11issued only for the applicant named in the application and may not be transferred
12or assigned.
AB56-SA12,23,17 1350.85 Distribution of medical marijuana. (1) A compassion center may
14sell, distribute, or deliver tetrahydrocannabinols or drug paraphernalia intended for
15the storage or use of usable marijuana to a member of a treatment team if the
16compassion center receives a copy of the qualifying patient's written certification or
17registry identification card.
AB56-SA12,23,19 18(2) A compassion center may possess or manufacture tetrahydrocannabinols
19or drug paraphernalia with the intent to sell, distribute, or deliver under sub. (1).
AB56-SA12,23,21 20(3) A compassion center may have 2 locations, one for cultivation and one for
21sales, distribution, or delivery.
AB56-SA12,24,2 22(4) A compassion center shall have all tetrahydrocannabinols tested for mold,
23fungus, pesticides, and other contaminants and may not sell, distribute, or deliver
24tetrahydrocannabinols that test positive for mold, fungus, pesticides, or other
25contaminants if the contaminants, or level of contaminants, are identified by the

1testing laboratories under s. 50.86 (2) to be potentially unsafe to a qualifying
2patient's health.
AB56-SA12,24,3 3(5) A compassion center may cultivate marijuana outdoors.
AB56-SA12,24,7 450.86 Testing laboratories. The department shall register entities as
5tetrahydrocannabinols testing laboratories. The laboratories may possess or
6manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
7following services:
AB56-SA12,24,9 8(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
9potency and for mold, fungus, pesticides, and other contaminants.
AB56-SA12,24,12 10(2) Collect information on research findings and conduct research related to
11the medical use of tetrahydrocannabinols, including research that identifies
12potentially unsafe levels of contaminants.
AB56-SA12,24,15 13(3) Provide training to persons who hold registry identification cards or written
14certifications, to treatment teams, and to persons employed by compassion centers
15on the following:
AB56-SA12,24,1716 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
17distribution of marijuana for the medical use of tetrahydrocannabinols.
AB56-SA12,24,1818 (b) Security and inventory accountability procedures.
AB56-SA12,24,1919 (c) The most recent research on the medical use of tetrahydrocannabinols.
AB56-SA12,69 20Section 69. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes
21is renumbered subchapter VII (title) of chapter 50 [precedes 50.90].
AB56-SA12,70 22Section 70. 51.49 (1) (d) of the statutes is amended to read:
AB56-SA12,24,2523 51.49 (1) (d) “Operating while intoxicated" means a violation of s. 346.63 (1) or,
24(2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
25940.09 (1) or 940.25.
AB56-SA12,71
1Section 71. 59.54 (25) (title) of the statutes is amended to read:
AB56-SA12,25,22 59.54 (25) (title) Possession Regulation of marijuana.
AB56-SA12,72 3Section 72. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB56-SA12,25,124 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
5the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
6s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
7is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
8an allegation of possession of more than 25 grams of marijuana, or possession of any
9amount of marijuana following a conviction in this state for possession of marijuana

10alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
11may not be prosecuted under this subsection for the same action that is the subject
12of the complaint unless all of the following occur:
AB56-SA12,73 13Section 73. 66.0107 (1) (bm) of the statutes is amended to read:
AB56-SA12,25,2314 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
15marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
16(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
17with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation
18of possession of more than 25 grams of marijuana, or possession of any amount of
19marijuana following a conviction in this state for possession of marijuana
alleging
20a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4.
, the subject of the complaint may not
21be prosecuted under this paragraph for the same action that is the subject of the
22complaint unless the charges are dismissed or the district attorney declines to
23prosecute the case.
AB56-SA12,74 24Section 74. 66.0414 of the statutes is created to read:
AB56-SA12,26,3
166.0414 Cultivation of tetrahydrocannabinols. No city, village, town, or
2county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
3by one of the following:
AB56-SA12,26,4 4(1) A compassion center, as defined in s. 50.80 (1).
AB56-SA12,26,7 5(2) A person who is cultivating tetrahydrocannabinols for the medical use of
6tetrahydrocannabinols, as defined in s. 50.80 (4), if the amount does not exceed the
7maximum medicinal amount, as defined in s. 50.80 (3).
AB56-SA12,26,9 8(3) An individual who has no more than 6 marijuana plants at one time for his
9or her personal use.
AB56-SA12,75 10Section 75. 77.52 (13) of the statutes is amended to read:
AB56-SA12,26,2211 77.52 (13) For the purpose of the proper administration of this section and to
12prevent evasion of the sales tax it shall be presumed that all receipts are subject to
13the tax until the contrary is established. The burden of proving that a sale of tangible
14personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
15is not a taxable sale at retail is upon the person who makes the sale unless that
16person takes from the purchaser an electronic or a paper certificate, in a manner
17prescribed by the department, to the effect that the property, item, good, or service
18is purchased for resale or is otherwise exempt, except that no certificate is required
19for the sale of tangible personal property, or items, property, or goods under sub. (1)
20(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
21(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
22(51), (52), (66), and (67), and (69).
AB56-SA12,76 23Section 76. 77.53 (10) of the statutes is amended to read:
AB56-SA12,27,1124 77.53 (10) For the purpose of the proper administration of this section and to
25prevent evasion of the use tax and the duty to collect the use tax, it is presumed that

1tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
2(d), or taxable services sold by any person for delivery in this state is sold for storage,
3use, or other consumption in this state until the contrary is established. The burden
4of proving the contrary is upon the person who makes the sale unless that person
5takes from the purchaser an electronic or paper certificate, in a manner prescribed
6by the department, to the effect that the property, or items, property, or goods under
7s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
8exempt from the tax, except that no certificate is required for the sale of tangible
9personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
10services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
11(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (69).
AB56-SA12,77 12Section 77. 77.54 (69) of the statutes is created to read:
AB56-SA12,27,1513 77.54 (69) The sales price from the sale of and the storage, use, or other
14consumption of usable marijuana, as defined in s. 139.97 (13), provided by a
15compassion center, as defined in s. 50.80 (1).
AB56-SA12,78 16Section 78. 94.56 of the statutes is created to read:
AB56-SA12,27,18 1794.56 Marijuana producers and processors. (1) Definitions. In this
18section:
AB56-SA12,27,2119 (a) “Labor peace agreement” means an agreement between a person applying
20for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
21that does all of the following:
AB56-SA12,27,2422 1. Prohibits labor organizations and its members from engaging in picketing,
23work stoppages, boycotts, and any other economic interference with persons doing
24business in this state.
AB56-SA12,28,2
12. Prohibits the applicant from disrupting the efforts of the labor organization
2to communicate with and to organize and represent the applicant's employees.
AB56-SA12,28,63 3. Provides the labor organization access at reasonable times to areas in which
4the applicant's employees work for the purpose of meeting with employees to discuss
5their right to representation, employment rights under state law, and terms and
6conditions of employment.
AB56-SA12,28,77 (b) “Marijuana" has the meaning given in s. 961.70 (3).
AB56-SA12,28,88 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB56-SA12,28,99 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB56-SA12,28,1010 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
AB56-SA12,28,1211 (f) “Permittee” means a marijuana producer or marijuana processor who is
12issued a permit under this section.
AB56-SA12,28,18 13(2) Permit required. (a) No person may operate in this state as a marijuana
14producer or marijuana processor without a permit from the department. A person
15who acts as a marijuana producer and a marijuana processor shall obtain a separate
16permit for each activity. A person is not required to obtain a permit under this section
17if the person produces or processes only industrial hemp and holds a valid license
18under s. 94.55.
AB56-SA12,28,2119 (b) This subsection applies to all officers, directors, agents, and stockholders
20holding 5 percent or more of the stock of any corporation applying for a permit under
21this section.
AB56-SA12,28,2322 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
23not be granted to any person to whom any of the following applies:
AB56-SA12,28,2524 1. The person has been convicted of a violent misdemeanor, as defined in s.
25941.29 (1g) (b), at least 3 times.
AB56-SA12,29,2
12. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
2(a), unless pardoned.
AB56-SA12,29,43 3. During the preceding 3 years, the person has been committed under s. 51.20
4for being drug dependent.
AB56-SA12,29,95 4. The person chronically and habitually uses alcohol beverages or other
6substances to the extent that his or her normal faculties are impaired. A person is
7presumed to chronically and habitually use alcohol beverages or other substances to
8the extent that his or her normal faculties are impaired if, within the preceding 3
9years, any of the following applies:
AB56-SA12,29,1110 a. The person has been committed for involuntary treatment under s. 51.45
11(13).
AB56-SA12,29,1212 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB56-SA12,29,2213 c. In 2 or more cases arising out of separate incidents, a court has found the
14person to have committed a violation of s. 346.63 or a local ordinance in conformity
15with that section; a violation of a law of a federally recognized American Indian tribe
16or band in this state in conformity with s. 346.63; or a violation of the law of another
17jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
18intoxicated, while under the influence of a controlled substance, a controlled
19substance analog, or a combination thereof, with an excess or specified range of
20alcohol concentration, or while under the influence of any drug to a degree that
21renders the person incapable of safely driving, as those or substantially similar
22terms are used in that jurisdiction's laws.
AB56-SA12,29,2423 5. The person has income that comes principally from gambling or has been
24convicted of 2 or more gambling offenses.
AB56-SA12,29,2525 6. The person has been guilty of crimes relating to prostitution.
AB56-SA12,30,2
17. The person has been guilty of crimes relating to loaning money or anything
2of value to persons holding licenses or permits pursuant to ch. 125.
AB56-SA12,30,33 8. The person is under the age of 21.
AB56-SA12,30,54 9. The person has not been a resident of this state continuously for at least 90
5days prior to the application date.
AB56-SA12,30,126 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
7employees may not receive a permit under this section unless the applicant certifies
8to the department that the applicant has entered into a labor peace agreement and
9will abide by the terms of the agreement as a condition of maintaining a valid permit
10under this section. The applicant shall submit to the department a copy of the page
11of the labor peace agreement that contains the signatures of the union representative
12and the applicant.
AB56-SA12,30,2213 (cn) The department shall use a competitive scoring system to determine which
14applicants are eligible to receive a permit under this section. The department shall
15issue permits to the highest scoring applicants that it determines will best protect
16the environment; provide stable, family-supporting jobs to local residents; ensure
17worker and consumer safety; operate secure facilities; and uphold the laws of the
18jurisdictions in which they operate. The department may deny a permit to an
19applicant with a low score, as determined under this paragraph. The department
20may request that the applicant provide any information or documentation that the
21department deems necessary for purposes of making a determination under this
22paragraph.
AB56-SA12,31,423 (d) 1. Before the department issues a new or renewed permit under this section,
24the department shall give notice of the permit application to the governing body of
25the municipality where the permit applicant intends to operate the premises of a

1marijuana producer or marijuana processor. No later than 30 days after the
2department submits the notice, the governing body of the municipality may file with
3the department a written objection to granting or renewing the permit. At the
4municipality's request, the department may extend the period for filing objections.
AB56-SA12,31,175 2. A written objection filed under subd. 1. shall provide all the facts on which
6the objection is based. In determining whether to grant or deny a permit for which
7an objection has been filed under this paragraph, the department shall give
8substantial weight to objections from a municipality based on chronic illegal activity
9associated with the premises for which the applicant seeks a permit, the premises
10of any other operation in this state for which the applicant holds or has held a valid
11permit or license, the conduct of the applicant's patrons inside or outside the
12premises of any other operation in this state for which the applicant holds or has held
13a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
14illegal activity" means a pervasive pattern of activity that threatens the public
15health, safety, and welfare of the municipality, including any crime or ordinance
16violation, and is documented in crime statistics, police reports, emergency medical
17response data, calls for service, field data, or similar law enforcement agency records.
AB56-SA12,31,2218 (e) After denying a permit, the department shall immediately notify the
19applicant in writing of the denial and the reasons for the denial. After making a
20decision to grant or deny a permit for which a municipality has filed an objection
21under par. (d), the department shall immediately notify the governing body of the
22municipality in writing of its decision and the reasons for the decision.
AB56-SA12,31,2423 (f) 1. The department's denial of a permit under this section is subject to judicial
24review under ch. 227.
AB56-SA12,32,2
12. The department's decision to grant a permit under this section regardless of
2an objection filed under par. (d) is subject to judicial review under ch. 227.
AB56-SA12,32,43 (g) The department shall not issue a permit under this section to any person
4who does not hold a valid certificate under s. 73.03 (50).
AB56-SA12,32,10 5(3) Fees; term. (a) Each person who applies for a permit under this section
6shall submit with the application a $250 fee. A permit issued under this section is
7valid for one year and may be renewed, except that the department may revoke or
8suspend a permit prior to its expiration. A person is not entitled to a refund of the
9fees paid under this subsection if the person's permit is denied, revoked, or
10suspended.
AB56-SA12,32,1411 (b) A permittee shall annually pay to the department a fee for as long as the
12person holds a valid permit under this section. The annual fee for a marijuana
13processor permittee is $2,000. The annual fee for a marijuana producer permittee
14is one of the following, unless the department, by rule, establishes a higher amount:
AB56-SA12,32,1615 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
16marijuana plants, $1,800.
AB56-SA12,32,1817 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
18not more than 3,600 marijuana plants, $2,900.
AB56-SA12,32,2019 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
20not more than 6,000 marijuana plants, $3,600.
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