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SB440-SSA1,21,62 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
3“misconduct," for purposes of sub. (5), does not include the employee's use of
4marijuana off the employer's premises during nonworking hours or a violation of the
5employer's policy concerning such use, unless termination of the employee because
6of that use is permitted under s. 111.35.
SB440-SSA1,21,107 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
8not include the employee's use of marijuana off the employer's premises during
9nonworking hours or a violation of the employer's policy concerning such use, unless
10termination of the employee because of that use is permitted under s. 111.35.
SB440-SSA1,27 11Section 27 . 111.32 (9m) of the statutes is created to read:
SB440-SSA1,21,1212 111.32 (9m) “Lawful product” includes marijuana.
SB440-SSA1,28 13Section 28 . 111.32 (11m) of the statutes is created to read:
SB440-SSA1,21,1714 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
15whether growing or not; the seeds thereof; the resin extracted from any part of the
16plant; and every compound, manufacture, salt, derivative, mixture, or preparation
17of the plant, its seeds or resin, including tetrahydrocannabinols.
SB440-SSA1,29 18Section 29 . 111.35 (2) (e) of the statutes is amended to read:
SB440-SSA1,21,2119 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
20This paragraph does not apply with respect to violations concerning marijuana or
21tetrahydrocannabinols under 21 USC 841 to 865.
SB440-SSA1,30 22Section 30 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
SB440-SSA1,22,423 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
24order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
25assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for

1examination of the person's use of alcohol, tetrahydrocannabinols, controlled
2substances, or controlled substance analogs and development of an airman safety
3plan for the person. The court shall notify the person, the department, and the proper
4federal agency of the assessment order. The assessment order shall:
SB440-SSA1,31 5Section 31 . 114.09 (2) (bm) 4. of the statutes is amended to read:
SB440-SSA1,22,166 114.09 (2) (bm) 4. The assessment report shall order compliance with an
7airman safety plan. The report shall inform the person of the fee provisions under
8s. 46.03 (18) (f). The safety plan may include a component that makes the person
9aware of the effect of his or her offense on a victim and a victim's family. The safety
10plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
11tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
12the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
13airman safety plan under this paragraph shall include a termination date consistent
14with the plan that shall not extend beyond one year. The county department under
15s. 51.42 shall assure notification of the department of transportation and the person
16of the person's compliance or noncompliance with assessment and treatment.
SB440-SSA1,32 17Section 32 . 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
18amended to read:
SB440-SSA1,23,319 115.35 (1) (a) (intro.) A critical health problems education program is
20established in the department. The program shall be a systematic and integrated
21program designed to provide appropriate learning experiences based on scientific
22knowledge of the human organism as it functions within its environment and
23designed to favorably influence the health, understanding, attitudes and practices
24of the individual child which will enable him or her to adapt to changing health
25problems of our society. The program shall be designed to educate youth with regard

1to critical health problems and shall include, but not be limited to, the following
2topics as the basis for comprehensive education curricula in all elementary and
3secondary schools: controlled
SB440-SSA1,23,5 41. Controlled substances, as defined in s. 961.01 (4); controlled substance
5analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
SB440-SSA1,23,6 62. Mental health; sexually.
SB440-SSA1,23,8 73. Sexually transmitted diseases, including acquired immunodeficiency
8syndrome; human.
SB440-SSA1,23,9 94. Human growth and development; and.
SB440-SSA1,23,10 105. Other related health and safety topics as determined by the department.
SB440-SSA1,23,13 11(b) Participation in the human growth and development topic of the curricula
12described in par. (a) shall be entirely voluntary. The department may not require a
13school board to use a specific human growth and development curriculum.
SB440-SSA1,33 14Section 33 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
15created to read:
SB440-SSA1,23,1616 chapter 139
SB440-SSA1,23,1717 subchapter Iv
SB440-SSA1,23,1818 marijuana tax and regulation
SB440-SSA1,23,19 19139.97 Definitions. In this subchapter:
SB440-SSA1,23,20 20(1) “Department" means the department of revenue.
SB440-SSA1,23,23 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.
SB440-SSA1,23,25 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.
SB440-SSA1,24,1
1(4) “Marijuana" has the meaning given in s. 961.70 (3).
SB440-SSA1,24,5 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 for the purpose of resale to
5consumers.
SB440-SSA1,24,9 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, and sells at wholesale or otherwise transfers usable marijuana to
9marijuana distributors.
SB440-SSA1,24,11 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.
SB440-SSA1,24,13 12(8) “Marijuana retailer" means a person in this state that sells usable
13marijuana at a retail outlet.
SB440-SSA1,24,16 14(9) “Microbusiness” means a marijuana producer that produces marijuana in
15one area that is less than 10,000 square feet and who also operates as any 2 of the
16following:
SB440-SSA1,24,1717 (a) A marijuana processor.
SB440-SSA1,24,1818 (b) A marijuana distributor.
SB440-SSA1,24,1919 (c) A marijuana retailer.
SB440-SSA1,24,22 20(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
21distributor, marijuana retailer, or microbusiness that is issued a permit under s.
22139.972.
SB440-SSA1,24,23 23(11) “Retail outlet" means a location for the retail sale of usable marijuana.
SB440-SSA1,24,24 24(12) “Sales price" has the meaning given in s. 77.51 (15b).
SB440-SSA1,25,3
1(13) “Usable marijuana" means marijuana that has been processed for human
2consumption and includes dried marijuana flowers, marijuana-infused products,
3and marijuana edibles.
SB440-SSA1,25,8 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.
SB440-SSA1,25,129 (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, except that the
11tax does not apply to sales of usable marijuana to an individual who holds a valid tax
12exemption certificate issued under s. 73.17 (4).
SB440-SSA1,25,16 13(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
14to the department no later than the 15th day of the month following the month in
15which the person's tax liability is incurred and shall include with the payment a
16return on a form prescribed by the department.
SB440-SSA1,25,21 17(3) For purposes of this section, a marijuana producer may not sell marijuana
18directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
19may purchase usable marijuana for resale only from a marijuana distributor. This
20subsection does not apply to a microbusiness that transfers marijuana or usable
21marijuana to another operation with the microbusiness.
SB440-SSA1,26,2 22139.972 Permits required. (1) (a) No person may operate in this state as a
23marijuana producer, marijuana processor, marijuana distributor, marijuana
24retailer, or microbusiness without first filing an application for and obtaining the
25proper permit from the department to perform such operations. In addition, no

1person may operate in this state as a marijuana producer or marijuana processor
2without first filing an application for and obtaining the proper permit under s. 94.56.
SB440-SSA1,26,53 (b) This section applies to all officers, directors, agents, and stockholders
4holding 5 percent or more of the stock of any corporation applying for a permit under
5this section.
SB440-SSA1,26,76 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
7not be granted to any person to whom any of the following applies:
SB440-SSA1,26,98 1. The person has been convicted of a violent misdemeanor, as defined in s.
9941.29 (1g) (b), at least 3 times.
SB440-SSA1,26,1110 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
11(a), unless pardoned.
SB440-SSA1,26,1312 3. During the preceding 3 years, the person has been committed under s. 51.20
13for being drug dependent.
SB440-SSA1,26,1814 4. The person chronically and habitually uses alcohol beverages or other
15substances to the extent that his or her normal faculties are impaired. A person is
16presumed to chronically and habitually use alcohol beverages or other substances to
17the extent that his or her normal faculties are impaired if, within the preceding 3
18years, any of the following applies:
SB440-SSA1,26,2019 a. The person has been committed for involuntary treatment under s. 51.45
20(13).
SB440-SSA1,26,2121 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB440-SSA1,27,622 c. In 2 or more cases arising out of separate incidents, a court has found the
23person to have committed a violation of s. 346.63 or a local ordinance in conformity
24with that section; a violation of a law of a federally recognized American Indian tribe
25or band in this state in conformity with s. 346.63; or a violation of the law of another

1jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
2intoxicated, while under the influence of a controlled substance, a controlled
3substance analog, or a combination thereof, with an excess or specified range of
4alcohol concentration, or while under the influence of any drug to a degree that
5renders the person incapable of safely driving, as those or substantially similar
6terms are used in that jurisdiction's laws.
SB440-SSA1,27,87 5. The person has income that comes principally from gambling or has been
8convicted of 2 or more gambling offenses.
SB440-SSA1,27,99 6. The person has been convicted of crimes relating to prostitution.
SB440-SSA1,27,1110 7. The person has been convicted of of crimes relating to loaning money or
11anything of value to persons holding licenses or permits pursuant to ch. 125.
SB440-SSA1,27,1212 8. The person is under the age of 21.
SB440-SSA1,27,1413 9. The person has not been a resident of this state continuously for at least 90
14days prior to the application date.
SB440-SSA1,27,2215 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
16employees may not receive a permit under this section to operate as a marijuana
17distributor or marijuana retailer unless the applicant certifies to the department
18that the applicant has entered into a labor peace agreement, as defined in s. 94.56
19(1) (a), and will abide by the terms of the agreement as a condition of maintaining
20a valid permit under this section. The applicant shall submit to the department a
21copy of the page of the labor peace agreement that contains the signatures of the
22union representative and the applicant.
SB440-SSA1,28,923 (cn) The department shall use a competitive scoring system to determine which
24applicants are eligible to receive a permit under this section. The department shall
25issue permits to the highest scoring applicants that it determines will best protect

1the environment; provide stable, family-supporting jobs to local residents; ensure
2worker and consumer safety; operate secure facilities; and uphold the laws of the
3jurisdictions in which they operate. The department shall, using criteria established
4by rule, score an applicant for a permit to operate as a marijuana retailer on the
5applicant's ability to articulate a social equity plan related to the operation of a
6marijuana retail establishment. The department may deny a permit to an applicant
7with a low score as determined under this paragraph. The department may request
8that the applicant provide any information or documentation that the department
9deems necessary for purposes of making a determination under this paragraph.
SB440-SSA1,28,1710 (d) 1. Before the department issues a new or renewed permit under this section,
11the department shall give notice of the permit application to the governing body of
12the municipality where the permit applicant intends to operate the premises of a
13marijuana producer, marijuana processor, marijuana distributor, marijuana
14retailer, or microbusiness. No later than 30 days after the department submits the
15notice, the governing body of the municipality may file with the department a written
16objection to granting or renewing the permit. At the municipality's request, the
17department may extend the period for filing objections.
SB440-SSA1,29,618 2. A written objection filed under subd. 1. shall provide all the facts on which
19the objection is based. In determining whether to grant or deny a permit for which
20an objection has been filed under this paragraph, the department shall give
21substantial weight to objections from a municipality based on chronic illegal activity
22associated with the premises for which the applicant seeks a permit or the premises
23of any other operation in this state for which the applicant holds or has held a valid
24permit or license, the conduct of the applicant's patrons inside or outside the
25premises of any other operation in this state for which the applicant holds or has held

1a valid permit or license, and local zoning ordinances. In this subdivision, “chronic
2illegal activity" means a pervasive pattern of activity that threatens the public
3health, safety, and welfare of the municipality, including any crime or ordinance
4violation, and that is documented in crime statistics, police reports, emergency
5medical response data, calls for service, field data, or similar law enforcement agency
6records.
SB440-SSA1,29,117 (e) After denying a permit, the department shall immediately notify the
8applicant in writing of the denial and the reasons for the denial. After making a
9decision to grant or deny a permit for which a municipality has filed an objection
10under par. (d), the department shall immediately notify the governing body of the
11municipality in writing of its decision and the reasons for the decision.
SB440-SSA1,29,1312 (f) 1. The department's denial of a permit under this section is subject to judicial
13review under ch. 227.
SB440-SSA1,29,1514 2. The department's decision to grant a permit under this section regardless of
15an objection filed under par. (d) is subject to judicial review under ch. 227.
SB440-SSA1,29,1716 (g) The department shall not issue a permit under this section to any person
17who does not hold a valid certificate under s. 73.03 (50).
SB440-SSA1,29,24 18(2) Each person who applies for a permit under this section shall submit with
19the application a $250 fee. Each person who is granted a permit under this section
20shall annually pay to the department a $2,000 fee for as long as the person holds a
21valid permit under this section. A permit issued under this section is valid for one
22year and may be renewed, except that the department may revoke or suspend a
23permit prior to its expiration. A person is not entitled to a refund of the fees paid
24under this subsection if the person's permit is denied, revoked, or suspended.
SB440-SSA1,30,4
1(3) The department may not issue a permit under this section to operate any
2premises which are within 500 feet of the perimeter of the grounds of any elementary
3or secondary school, playground, recreation facility, child care facility, public park,
4public transit facility, or library.
SB440-SSA1,30,18 5(4) Under this section, a separate permit is required for and issued to each class
6of permittee, and the permit holder may perform only the operations authorized by
7the permit. A permit issued under this section is not transferable from one person
8to another or from one premises to another. A separate permit is required for each
9place in this state where the operations of a marijuana producer, marijuana
10processor, marijuana distributor, marijuana retailer, or microbusiness occur,
11including each retail outlet. No person who has been issued a permit to operate as
12a marijuana retailer, or who has any direct or indirect financial interest in the
13operation of a marijuana retailer, shall be issued a permit to operate as a marijuana
14producer, marijuana processor, or marijuana distributor. A person who has been
15issued a permit to operate as a microbusiness is not required to hold separate permits
16to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
17but shall specify on the person's application for a microbusiness permit the activities
18that the person will be engaged in as a microbusiness.
SB440-SSA1,30,20 19(5) Each person issued a permit under this section shall post the permit in a
20conspicuous place on the premises to which the permit relates.
SB440-SSA1,30,22 21139.973 Regulation. (1) (a) No permittee may employ an individual who is
22under the age of 21 to work in the business to which the permit relates.
SB440-SSA1,30,2523 (b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
24individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
25individual.
SB440-SSA1,31,2
1(2) A retail outlet shall sell no products or services other than usable marijuana
2or paraphernalia intended for the storage or use of usable marijuana.
SB440-SSA1,31,5 3(3) No marijuana retailer may allow a person who is under the age of 21 to enter
4or be on the premises of a retail outlet in violation of s. 961.71 (2m), unless that person
5is a qualifying patient, as defined in s. 73.17 (1) (d).
SB440-SSA1,31,8 6(4) The maximum amount of usable marijuana that a retail outlet may sell to
7an individual consumer in a single transaction may not exceed the permissible
8amount under s. 961.70 (5).
SB440-SSA1,31,11 9(4m) A marijuana retailer may not collect, retain, or distribute personal
10information regarding the retailer's customers except that which is necessary to
11complete a sale of usable marijuana.
SB440-SSA1,31,15 12(5) No marijuana retailer may display any signage in a window, on a door, or
13on the outside of the premises of a retail outlet that is visible to the general public
14from a public right-of-way, other than a single sign that is no larger than 1,600
15square inches identifying the retail outlet by the permittee's business or trade name.
SB440-SSA1,31,17 16(6) No marijuana retailer may display usable marijuana in a manner that is
17visible to the general public from a public right-of-way.
SB440-SSA1,31,19 18(7) No marijuana retailer or employee of a retail outlet may consume, or allow
19to be consumed, any usable marijuana on the premises of the retail outlet.
SB440-SSA1,31,21 20(7m) A marijuana retailer may operate a retail outlet only between the hours
21of 8 a.m. and 8 p.m.
SB440-SSA1,31,25 22(8) Except as provided under sub. (5), no marijuana producer, marijuana
23processor, marijuana distributor, marijuana retailer, or microbusiness may place or
24maintain, or cause to be placed or maintained, an advertisement of usable marijuana
25in any form or through any medium.
SB440-SSA1,32,9
1(9) (a) On a schedule determined by the department, every marijuana
2producer, marijuana processor, or microbusiness shall submit representative
3samples of the marijuana and usable marijuana produced or processed by the
4marijuana producer, marijuana processor, or microbusiness to a testing laboratory
5registered under s. 94.57 for testing marijuana and usable marijuana in order to
6certify that the marijuana and usable marijuana comply with standards prescribed
7by the department by rule, including testing for potency and for mold, fungus,
8pesticides, and other contaminants. The laboratory testing the sample shall destroy
9any part of the sample that remains after the testing.
SB440-SSA1,32,1210 (b) Marijuana producers, marijuana processors, and microbusinesses shall
11submit the results of the testing provided under par. (a) to the department in the
12manner prescribed by the department by rule.
SB440-SSA1,32,1713 (c) If a representative sample tested under par. (a) does not meet the standards
14prescribed by the department, the department shall take the necessary action to
15ensure that the entire lot from which the sample was taken is destroyed. The
16department shall promulgate rules to determine lots and lot numbers for purposes
17of this subsection and for the reporting of lots and lot numbers to the department.
SB440-SSA1,32,21 18(10) (a) A marijuana processor or a microbusiness that operates as a marijuana
19processor shall affix a label to all usable marijuana that the marijuana processor or
20microbusiness sells to marijuana distributors. The label may not be designed to
21appeal to persons under the age of 18. The label shall include all of the following:
SB440-SSA1,32,2322 1. The ingredients and the tetrahydrocannabinols concentration in the usable
23marijuana.
SB440-SSA1,32,2424 2. The producer's business or trade name.
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