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.
AB56-SA12,32,2221
4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
22not more than 10,200 marijuana plants, $5,100.
AB56-SA12,32,2423
5. If the permittee plants, grows, cultivates, or harvests more than 10,200
24marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
AB56-SA12,33,3
1(4) Schools. The department may not issue a permit under this section to
2operate as a marijuana producer within 500 feet of the perimeter of the grounds of
3any elementary or secondary school.
AB56-SA12,33,11
4(5) Education and awareness campaign. The department shall develop and
5make available training programs for marijuana producers on how to safely and
6efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
7marijuana processors on how to safely and efficiently produce and handle marijuana
8products and test marijuana for contaminants. The department shall conduct an
9awareness campaign to inform potential marijuana producers and marijuana
10processors of the availability and viability of marijuana as a crop or product in this
11state.
AB56-SA12,33,14
12(6) Rules. The department shall promulgate rules necessary to administer and
13enforce this section, including rules relating to the inspection of the plants, facilities,
14and products of permittees and training requirements for employees of permittees.
AB56-SA12,33,18
15(7) Penalties. (a) Any person who violates the requirements under sub. (2) or
16(3) or any of the requirements established by the rules promulgated under sub. (6)
17shall be fined not less than $100 nor more than $500 or imprisoned not more than
186 months or both.
AB56-SA12,33,2219
(b) In addition to the penalties imposed under par. (a), the department shall
20revoke the permit of any person convicted of any violation described under par. (a)
21and not issue another permit to that person for a period of 2 years following the
22revocation.
AB56-SA12,79
23Section
79. 100.145 of the statutes is created to read:
AB56-SA12,34,2
24100.145 Recreational marijuana logotype. The department shall design
25an official logotype, appropriate for including on a label affixed to recreational
1marijuana under s. 139.973 (10) (a). The department shall design the logotype to be
2distinguishable from any logotype for medical marijuana.
AB56-SA12,80
3Section
80. 108.02 (18r) of the statutes is created to read:
AB56-SA12,34,44
108.02
(18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
AB56-SA12,81
5Section
81. 108.04 (5m) of the statutes is created to read:
AB56-SA12,34,106
108.04
(5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
7“misconduct," for purposes of sub. (5), does not include the employee's use of
8marijuana off the employer's premises during nonworking hours or a violation of the
9employer's policy concerning such use, unless termination of the employee because
10of that use is permitted under s. 111.35.
AB56-SA12,34,1411
(b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
12not include the employee's use of marijuana off the employer's premises during
13nonworking hours or a violation of the employer's policy concerning such use, unless
14termination of the employee because of that use is permitted under s. 111.35.
AB56-SA12,82
15Section
82. 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (a) 1. and
16amended to read:
AB56-SA12,34,1817
108.133
(1) (a) 1. Notwithstanding s. 108.02 (9), “controlled substance" has the
18meaning given in
21 USC 802, except as provided in subd. 2.
AB56-SA12,83
19Section
83. 108.133 (1) (a) 2. of the statutes is created to read:
AB56-SA12,34,2320
108.133
(1) (a) 2. “Controlled substance” does not include
21tetrahydrocannabinols, commonly known as “THC," in any form including
22tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
23chemically synthesized.
AB56-SA12,84
24Section
84. 111.32 (9m) of the statutes is created to read:
AB56-SA12,34,2525
111.32
(9m) “Lawful product” includes marijuana.
AB56-SA12,85
1Section
85. 111.32 (11m) of the statutes is created to read:
AB56-SA12,35,52
111.32
(11m) “Marijuana” means all parts of the plants of the genus Cannabis,
3whether growing or not; the seeds thereof; the resin extracted from any part of the
4plant; and every compound, manufacture, salt, derivative, mixture, or preparation
5of the plant, its seeds or resin, including tetrahydrocannabinols.
AB56-SA12,86
6Section
86. 111.35 (2) (e) of the statutes is amended to read:
AB56-SA12,35,97
111.35
(2) (e) Conflicts with any federal or state statute, rule or regulation.
8This paragraph does not apply with respect to violations concerning marijuana or
9tetrahydrocannabinols under 21 USC 841 to 865.
AB56-SA12,87
10Section
87. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
AB56-SA12,35,1711
114.09
(2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
12order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
13assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
14examination of the person's use of alcohol,
tetrahydrocannabinols, controlled
15substances, or controlled substance analogs and development of an airman safety
16plan for the person. The court shall notify the person, the department, and the proper
17federal agency of the assessment order. The assessment order shall:
AB56-SA12,88
18Section
88. 114.09 (2) (bm) 4. of the statutes is amended to read:
AB56-SA12,36,419
114.09
(2) (bm) 4. The assessment report shall order compliance with an
20airman safety plan. The report shall inform the person of the fee provisions under
21s. 46.03 (18) (f). The safety plan may include a component that makes the person
22aware of the effect of his or her offense on a victim and a victim's family. The safety
23plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
24tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
25the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
1airman safety plan under this paragraph shall include a termination date consistent
2with the plan that shall not extend beyond one year. The county department under
3s. 51.42 shall assure notification of the department of transportation and the person
4of the person's compliance or noncompliance with assessment and treatment.
AB56-SA12,89
5Section
89. 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
6amended to read:
AB56-SA12,36,167
115.35
(1) (a) (intro.) A critical health problems education program is
8established in the department. The program shall be a systematic and integrated
9program designed to provide appropriate learning experiences based on scientific
10knowledge of the human organism as it functions within its environment and
11designed to favorably influence the health, understanding, attitudes and practices
12of the individual child which will enable him or her to adapt to changing health
13problems of our society. The program shall be designed to educate youth with regard
14to critical health problems and shall include, but not be limited to, the following
15topics as the basis for comprehensive education curricula in all elementary and
16secondary schools:
controlled
AB56-SA12,36,18
171. Controlled substances, as defined in s. 961.01 (4); controlled substance
18analogs, as defined in s. 961.01 (4m); alcohol;
and tobacco
; mental.
AB56-SA12,36,19
192. Mental health
; sexually
.
AB56-SA12,36,21
203. Sexually transmitted diseases, including acquired immunodeficiency
21syndrome
; human.
AB56-SA12,36,22
224. Human growth and development
; and.
AB56-SA12,36,23
235. Other related health and safety topics
as determined by the department.
AB56-SA12,37,3
1(b) Participation in the human growth and development topic of the curricula
2described in par. (a) shall be entirely voluntary. The department may not require a
3school board to use a specific human growth and development curriculum.
AB56-SA12,90
4Section
90. 115.35 (1) (a) 6. of the statutes is created to read:
AB56-SA12,37,95
115.35
(1) (a) 6. Beginning in the 2019-20 school year, the program shall also
6include scientific, evidence-based and grade-level-appropriate information about
7the common uses of marijuana, how marijuana use affects an individual's behavior,
8body, and brain, and the health and behavior risks associated with marijuana use
9and abuse.
AB56-SA12,91
10Section
91. 121.02 (1) (L) 8. of the statutes is created to read:
AB56-SA12,37,1311
121.02
(1) (L) 8. Beginning in the 2019-20 school year, as part of the health
12curriculum, in one of grades 5 to 8 and in one of grades 9 to 12, provide pupils with
13the instruction about marijuana described in s. 115.35 (1) (a) 6.
AB56-SA12,92
14Section
92. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
15created to read:
AB56-SA12,37,1717
subchapter Iv
AB56-SA12,37,1818
marijuana tax and regulation
AB56-SA12,37,19
19139.97 Definitions. In this subchapter:
AB56-SA12,37,20
20(1) “Department" means the department of revenue.
AB56-SA12,37,23
21(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
22by a lot number, every portion or package of which is consistent with the factors that
23appear in the labeling.
AB56-SA12,37,25
24(3) “Lot number" means a number that specifies the person who holds a valid
25permit under this subchapter and the harvesting or processing date for each lot.
AB56-SA12,38,1
1(4) “Marijuana" has the meaning given in s. 961.70 (3).
AB56-SA12,38,5
2(5) “Marijuana distributor” means a person in this state who purchases or
3receives usable marijuana from a marijuana processor and who sells or otherwise
4transfers the usable marijuana to a marijuana retailer or to a compassion center, as
5defined in s. 50.80 (1), for the purpose of resale to consumers.
AB56-SA12,38,9
6(6) “Marijuana processor" means a person in this state who processes
7marijuana into usable marijuana, packages and labels usable marijuana for sale in
8retail outlets or in compassion centers, as defined in s. 50.80 (1), and sells at
9wholesale or otherwise transfers usable marijuana to marijuana distributors.
AB56-SA12,38,11
10(7) “Marijuana producer" means a person in this state who produces marijuana
11and sells it at wholesale or otherwise transfers it to marijuana processors.
AB56-SA12,38,14
12(8) “Marijuana retailer" means a person in this state that sells usable
13marijuana at a retail outlet, not including a compassion center, as defined in s. 50.80
14(1).
AB56-SA12,38,17
15(9) “Microbusiness” means a marijuana producer that produces marijuana in
16one area that is less than 10,000 square feet and who also operates as any 2 of the
17following:
AB56-SA12,38,1818
(a) A marijuana processor.
AB56-SA12,38,1919
(b) A marijuana distributor.
AB56-SA12,38,2020
(c) A marijuana retailer.
AB56-SA12,38,23
21(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
22distributor, marijuana retailer, or microbusiness that is issued a permit under s.
23139.972.
AB56-SA12,38,24
24(11) “Retail outlet" means a location for the retail sale of usable marijuana.
AB56-SA12,38,25
25(12) “Sales price" has the meaning given in s. 77.51 (15b).
AB56-SA12,39,3
1(13) “Usable marijuana" means marijuana that has been processed for human
2consumption and includes dried marijuana flowers, marijuana-infused products,
3and marijuana edibles.
AB56-SA12,39,8
4139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
5producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
6in this state of marijuana to a marijuana processor. This paragraph applies to a
7microbusiness that transfers marijuana to a processing operation within the
8microbusiness.
AB56-SA12,39,109
(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
10of the sales price on each retail sale in this state of usable marijuana.
AB56-SA12,39,14
11(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
12to the department no later than the 15th day of the month following the month in
13which the person's tax liability is incurred and shall include with the payment a
14return on a form prescribed by the department.
AB56-SA12,39,19
15(3) For purposes of this section, a marijuana producer may not sell marijuana
16directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
17may purchase usable marijuana for resale only from a marijuana distributor. This
18subsection does not apply to a microbusiness that transfers marijuana or usable
19marijuana to another operation with the microbusiness.
AB56-SA12,39,25
20139.972 Permits required. (1) (a) No person may operate in this state as a
21marijuana producer, marijuana processor, marijuana distributor, marijuana
22retailer, or microbusiness without first filing an application for and obtaining the
23proper permit from the department to perform such operations. In addition, no
24person may operate in this state as a marijuana producer or marijuana processor
25without first filing an application for and obtaining the proper permit under s. 94.56.
AB56-SA12,40,3
1(b) This section applies to all officers, directors, agents, and stockholders
2holding 5 percent or more of the stock of any corporation applying for a permit under
3this section.
AB56-SA12,40,54
(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
5not be granted to any person to whom any of the following applies:
AB56-SA12,40,76
1. The person has been convicted of a violent misdemeanor, as defined in s.
7941.29 (1g) (b), at least 3 times.
AB56-SA12,40,98
2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
9(a), unless pardoned.
AB56-SA12,40,1110
3. During the preceding 3 years, the person has been committed under s. 51.20
11for being drug dependent.
AB56-SA12,40,1612
4. The person chronically and habitually uses alcohol beverages or other
13substances to the extent that his or her normal faculties are impaired. A person is
14presumed to chronically and habitually use alcohol beverages or other substances to
15the extent that his or her normal faculties are impaired if, within the preceding 3
16years, any of the following applies:
AB56-SA12,40,1817
a. The person has been committed for involuntary treatment under s. 51.45
18(13).
AB56-SA12,40,1919
b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB56-SA12,41,420
c. In 2 or more cases arising out of separate incidents, a court has found the
21person to have committed a violation of s. 346.63 or a local ordinance in conformity
22with that section; a violation of a law of a federally recognized American Indian tribe
23or band in this state in conformity with s. 346.63; or a violation of the law of another
24jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
25intoxicated, while under the influence of a controlled substance, a controlled
1substance analog, or a combination thereof, with an excess or specified range of
2alcohol concentration, or while under the influence of any drug to a degree that
3renders the person incapable of safely driving, as those or substantially similar
4terms are used in that jurisdiction's laws.
AB56-SA12,41,65
5. The person has income that comes principally from gambling or has been
6convicted of 2 or more gambling offenses.
AB56-SA12,41,77
6. The person has been guilty of crimes relating to prostitution.
AB56-SA12,41,98
7. The person has been guilty of crimes relating to loaning money or anything
9of value to persons holding licenses or permits pursuant to ch. 125.
AB56-SA12,41,1010
8. The person is under the age of 21.
AB56-SA12,41,1211
9. The person has not been a resident of this state continuously for at least 90
12days prior to the application date.
AB56-SA12,41,2013
(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
14employees may not receive a permit under this section to operate as a marijuana
15distributor or marijuana retailer unless the applicant certifies to the department
16that the applicant has entered into a labor peace agreement, as defined in s. 94.56
17(1) (a), and will abide by the terms of the agreement as a condition of maintaining
18a valid permit under this section. The applicant shall submit to the department a
19copy of the page of the labor peace agreement that contains the signatures of the
20union representative and the applicant.
AB56-SA12,42,521
(cn) The department shall use a competitive scoring system to determine which
22applicants are eligible to receive a permit under this section. The department shall
23issue permits to the highest scoring applicants that it determines will best protect
24the environment; provide stable, family-supporting jobs to local residents; ensure
25worker and consumer safety; operate secure facilities; and uphold the laws of the
1jurisdictions in which they operate. The department may deny a permit to an
2applicant with a low score, as determined under this paragraph. The department
3may request that the applicant provide any information or documentation that the
4department deems necessary for purposes of making a determination under this
5paragraph.
AB56-SA12,42,136
(d) 1. Before the department issues a new or renewed permit under this section,
7the department shall give notice of the permit application to the governing body of
8the municipality where the permit applicant intends to operate the premises of a
9marijuana producer, marijuana processor, marijuana distributor, marijuana
10retailer, or microbusiness. No later than 30 days after the department submits the
11notice, the governing body of the municipality may file with the department a written
12objection to granting or renewing the permit. At the municipality's request, the
13department may extend the period for filing objections.
AB56-SA12,43,214
2. A written objection filed under subd. 1. shall provide all the facts on which
15the objection is based. In determining whether to grant or deny a permit for which
16an objection has been filed under this paragraph, the department shall give
17substantial weight to objections from a municipality based on chronic illegal activity
18associated with the premises for which the applicant seeks a permit, the premises
19of any other operation in this state for which the applicant holds or has held a valid
20permit or license, the conduct of the applicant's patrons inside or outside the
21premises of any other operation in this state for which the applicant holds or has held
22a valid permit or license, and local zoning ordinances. In this subdivision, “
chronic
23illegal activity" means a pervasive pattern of activity that threatens the public
24health, safety, and welfare of the municipality, including any crime or ordinance
1violation, and is documented in crime statistics, police reports, emergency medical
2response data, calls for service, field data, or similar law enforcement agency records.
AB56-SA12,43,73
(e) After denying a permit, the department shall immediately notify the
4applicant in writing of the denial and the reasons for the denial. After making a
5decision to grant or deny a permit for which a municipality has filed an objection
6under par. (d), the department shall immediately notify the governing body of the
7municipality in writing of its decision and the reasons for the decision.
AB56-SA12,43,98
(f) 1. The department's denial of a permit under this section is subject to judicial
9review under ch. 227.
AB56-SA12,43,1110
2. The department's decision to grant a permit under this section regardless of
11an objection filed under par. (d) is subject to judicial review under ch. 227.
AB56-SA12,43,1312
(g) The department shall not issue a permit under this section to any person
13who does not hold a valid certificate under s. 73.03 (50).