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SB70-SSA2-SA10,8,1613 (c) The department may disclose to state or local law enforcement agencies
14information from an application submitted by, or from a registry identification card
15issued to, a specific person under this section for the purpose of verifying that the
16person possesses a valid registry identification card.
SB70-SSA2-SA10,8,17 17(7) Rules. The department shall promulgate rules to implement this section.
SB70-SSA2-SA10,15 18Section 15. 77.54 (71) of the statutes is created to read:
SB70-SSA2-SA10,8,2119 77.54 (71) The sales price from the sale of and the storage, use, or other
20consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
21individual who holds a valid certificate issued under s. 73.17 (4).
SB70-SSA2-SA10,16 22Section 16. 94.55 (2t) of the statutes is repealed.
SB70-SSA2-SA10,17 23Section 17. 94.56 of the statutes is created to read:
SB70-SSA2-SA10,8,25 2494.56 Marijuana producers and processors. (1) Definitions. In this
25section:
SB70-SSA2-SA10,9,3
1(a) “Labor peace agreement” means an agreement between a person applying
2for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
3that does all of the following:
SB70-SSA2-SA10,9,64 1. Prohibits labor organizations and its members from engaging in picketing,
5work stoppages, boycotts, and any other economic interference with persons doing
6business in this state.
SB70-SSA2-SA10,9,87 2. Prohibits the applicant from disrupting the efforts of the labor organization
8to communicate with and to organize and represent the applicant's employees.
SB70-SSA2-SA10,9,129 3. Provides the labor organization access at reasonable times to areas in which
10the applicant's employees work for the purpose of meeting with employees to discuss
11their right to representation, employment rights under state law, and terms and
12conditions of employment.
SB70-SSA2-SA10,9,1313 (b) “Marijuana" has the meaning given in s. 961.70 (2).
SB70-SSA2-SA10,9,1414 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
SB70-SSA2-SA10,9,1515 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
SB70-SSA2-SA10,9,1616 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
SB70-SSA2-SA10,9,1817 (f) “Permittee” means a marijuana producer or marijuana processor who is
18issued a permit under this section.
SB70-SSA2-SA10,9,25 19(2) Permit required. (a) No person may operate in this state as a marijuana
20producer or marijuana processor without a permit from the department. A person
21who acts as a marijuana producer and a marijuana processor shall obtain a separate
22permit for each activity. A permit issued under this section is not transferable from
23one person to another or from one premises to another. A separate permit is required
24for each place in this state where the operations of a marijuana producer or
25marijuana processor occur. A person is not required to obtain a permit under this

1section if the person produces or processes only industrial hemp and holds a valid
2license under s. 94.55.
SB70-SSA2-SA10,10,53 (b) This subsection 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.
SB70-SSA2-SA10,10,76 (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:
SB70-SSA2-SA10,10,98 1. The person has been convicted of a violent misdemeanor, as defined in s.
9941.29 (1g) (b), at least 3 times.
SB70-SSA2-SA10,10,1110 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
11(a), unless pardoned.
SB70-SSA2-SA10,10,1312 3. During the preceding 3 years, the person has been committed under s. 51.20
13for being drug dependent.
SB70-SSA2-SA10,10,1814 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:
SB70-SSA2-SA10,10,2019 a. The person has been committed for involuntary treatment under s. 51.45
20(13).
SB70-SSA2-SA10,10,2121 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB70-SSA2-SA10,11,622 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.
SB70-SSA2-SA10,11,87 5. The person has income that comes principally from gambling or has been
8convicted of 2 or more gambling offenses.
SB70-SSA2-SA10,11,99 6. The person has been convicted of crimes relating to prostitution.
SB70-SSA2-SA10,11,1110 7. The person has been convicted of crimes relating to loaning money or
11anything of value to persons holding licenses or permits pursuant to ch. 125.
SB70-SSA2-SA10,11,1212 8. The person is under the age of 21.
SB70-SSA2-SA10,11,1413 9. The person has not been a resident of this state continuously for at least 90
14days prior to the application date.
SB70-SSA2-SA10,11,2015 (cm) An applicant with 20 or more employees may not receive a permit under
16this section unless the applicant certifies to the department that the applicant has
17entered into a labor peace agreement and will abide by the terms of the agreement
18as a condition of maintaining a valid permit under this section. The applicant shall
19submit to the department a copy of the page of the labor peace agreement that
20contains the signatures of the labor organization representative and the applicant.
SB70-SSA2-SA10,12,521 (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.
SB70-SSA2-SA10,12,126 (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 or marijuana processor. No later than 30 days after the
10department submits the notice, the governing body of the municipality may file with
11the department a written objection to granting or renewing the permit. At the
12municipality's request, the department may extend the period for filing objections.
SB70-SSA2-SA10,13,213 2. A written objection filed under subd. 1. shall provide all the facts on which
14the objection is based. In determining whether to grant or deny a permit for which
15an objection has been filed under this paragraph, the department shall give
16substantial weight to objections from a municipality based on chronic illegal activity
17associated with the premises for which the applicant seeks a permit or the premises
18of any other operation in this state for which the applicant holds or has held a valid
19permit or license, the conduct of the applicant's patrons inside or outside the
20premises of any other operation in this state for which the applicant holds or has held
21a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
22illegal activity" means a pervasive pattern of activity that threatens the public
23health, safety, and welfare of the municipality, including any crime or ordinance
24violation, and that is documented in crime statistics, police reports, emergency

1medical response data, calls for service, field data, or similar law enforcement agency
2records.
SB70-SSA2-SA10,13,73 (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.
SB70-SSA2-SA10,13,98 (f) 1. The department's denial of a permit under this section is subject to judicial
9review under ch. 227.
SB70-SSA2-SA10,13,1110 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.
SB70-SSA2-SA10,13,1312 (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).
SB70-SSA2-SA10,13,19 14(3) Fees; term. (a) Each person who applies for a permit under this section
15shall submit with the application a $250 fee. A permit issued under this section is
16valid for one year and may be renewed, except that the department may revoke or
17suspend a permit prior to its expiration. A person is not entitled to a refund of the
18fees paid under this subsection if the person's permit is denied, revoked, or
19suspended.
SB70-SSA2-SA10,13,2320 (b) A permittee shall annually pay to the department a fee for as long as the
21person holds a valid permit under this section. The annual fee for a marijuana
22processor permittee is $2,000. The annual fee for a marijuana producer permittee
23is one of the following, unless the department, by rule, establishes a higher amount:
SB70-SSA2-SA10,13,2524 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
25marijuana plants, $1,800.
SB70-SSA2-SA10,14,2
12. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
2not more than 3,600 marijuana plants, $2,900.
SB70-SSA2-SA10,14,43 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
4not more than 6,000 marijuana plants, $3,600.
SB70-SSA2-SA10,14,65 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
6not more than 10,200 marijuana plants, $5,100.
SB70-SSA2-SA10,14,87 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
8marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
SB70-SSA2-SA10,14,12 9(4) Schools. The department may not issue a permit under this section to
10operate any premises that are within 500 feet of the perimeter of the grounds of any
11elementary or secondary school, playground, recreation facility, child care facility,
12public park, public transit facility, or library.
SB70-SSA2-SA10,14,20 13(5) Education and awareness campaign. The department shall develop and
14make available training programs for marijuana producers on how to safely and
15efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
16marijuana processors on how to safely and efficiently produce and handle marijuana
17products and test marijuana for contaminants. The department shall conduct an
18awareness campaign to inform potential marijuana producers and marijuana
19processors of the availability and viability of marijuana as a crop or product in this
20state.
SB70-SSA2-SA10,14,25 21(6) Rules. The department shall promulgate rules necessary to administer and
22enforce this section, including rules relating to the inspection of the plants, facilities,
23and products of permittees; training requirements for employees of permittees; and
24the competitive scoring system for determining which applicants are eligible to
25receive a permit under this section.
SB70-SSA2-SA10,15,5
1(7) Penalties. (a) Unless another penalty is prescribed for the violation, any
2person who violates sub. (2), fails to pay the required fee under sub. (3), or violates
3any of the requirements established by the rules promulgated under sub. (6) shall
4be fined not less than $100 nor more than $500 or imprisoned not more than 6 months
5or both.
SB70-SSA2-SA10,15,126 (b) In addition to the penalties imposed under par. (a), the department shall
7revoke the permit of any person convicted of any violation described under par. (a)
8and not issue another permit to that person for a period of 2 years following the
9revocation. The department may suspend or revoke the permit of any permittee who
10violates s. 100.30, any provision of this section, or any rules promulgated under sub.
11(6). The department shall revoke the permit of any permittee who violates s. 100.30
123 or more times within a 5-year period.
SB70-SSA2-SA10,18 13Section 18. 94.57 of the statutes is created to read:
SB70-SSA2-SA10,15,17 1494.57 Testing laboratories. The department shall register entities as
15tetrahydrocannabinols testing laboratories. The laboratories may possess or
16manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
17following services:
SB70-SSA2-SA10,15,19 18(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
19potency and for mold, fungus, pesticides, and other contaminants.
SB70-SSA2-SA10,15,22 20(2) Collect information on research findings and conduct research related to
21the medical use of tetrahydrocannabinols, including research that identifies
22potentially unsafe levels of contaminants.
SB70-SSA2-SA10,15,23 23(3) Provide training on the following:
SB70-SSA2-SA10,15,2524 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
25distribution of marijuana for the medical use of tetrahydrocannabinols.
SB70-SSA2-SA10,16,1
1(b) Security and inventory accountability procedures.
SB70-SSA2-SA10,16,22 (c) The most recent research on the use of tetrahydrocannabinols.
SB70-SSA2-SA10,19 3Section 19. 100.145 of the statutes is created to read:
SB70-SSA2-SA10,16,6 4100.145 Recreational marijuana logotype. The department shall design
5an official logotype appropriate for including on a label affixed to recreational
6marijuana under s. 139.973 (10) (a).
SB70-SSA2-SA10,20 7Section 20. 108.02 (18r) of the statutes is created to read:
SB70-SSA2-SA10,16,88 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
SB70-SSA2-SA10,21 9Section 21. 108.04 (5m) of the statutes is created to read:
SB70-SSA2-SA10,16,1410 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
11“misconduct," for purposes of sub. (5), does not include the employee's use of
12marijuana off the employer's premises during nonworking hours or a violation of the
13employer's policy concerning such use, unless termination of the employee because
14of that use is permitted under s. 111.35.
SB70-SSA2-SA10,16,1815 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
16not include the employee's use of marijuana off the employer's premises during
17nonworking hours or a violation of the employer's policy concerning such use, unless
18termination of the employee because of that use is permitted under s. 111.35.
SB70-SSA2-SA10,22 19Section 22. 111.32 (9m) of the statutes is created to read:
SB70-SSA2-SA10,16,2020 111.32 (9m) “Lawful product” includes marijuana.
SB70-SSA2-SA10,23 21Section 23. 111.32 (11m) of the statutes is created to read:
SB70-SSA2-SA10,16,2522 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
23whether growing or not; the seeds thereof; the resin extracted from any part of the
24plant; and every compound, manufacture, salt, derivative, mixture, or preparation
25of the plant, its seeds or resin, including tetrahydrocannabinols.
SB70-SSA2-SA10,24
1Section 24. 111.35 (2) (e) of the statutes is amended to read:
SB70-SSA2-SA10,17,42 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
3This paragraph does not apply with respect to violations concerning marijuana or
4tetrahydrocannabinols under 21 USC 841 to 865.
SB70-SSA2-SA10,25 5Section 25. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
SB70-SSA2-SA10,17,126 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
7order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
8assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
9examination of the person's use of alcohol, tetrahydrocannabinols, controlled
10substances, or controlled substance analogs and development of an airman safety
11plan for the person. The court shall notify the person, the department, and the proper
12federal agency of the assessment order. The assessment order shall:
SB70-SSA2-SA10,26 13Section 26. 114.09 (2) (bm) 4. of the statutes is amended to read:
SB70-SSA2-SA10,17,2414 114.09 (2) (bm) 4. The assessment report shall order compliance with an
15airman safety plan. The report shall inform the person of the fee provisions under
16s. 46.03 (18) (f). The safety plan may include a component that makes the person
17aware of the effect of his or her offense on a victim and a victim's family. The safety
18plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
19tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
20the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
21airman safety plan under this paragraph shall include a termination date consistent
22with the plan that shall not extend beyond one year. The county department under
23s. 51.42 shall assure notification of the department of transportation and the person
24of the person's compliance or noncompliance with assessment and treatment.
SB70-SSA2-SA10,27
1Section 27. 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
2amended to read:
SB70-SSA2-SA10,18,123 115.35 (1) (a) (intro.) A critical health problems education program is
4established in the department. The program shall be a systematic and integrated
5program designed to provide appropriate learning experiences based on scientific
6knowledge of the human organism as it functions within its environment and
7designed to favorably influence the health, understanding, attitudes and practices
8of the individual child which will enable him or her to adapt to changing health
9problems of our society. The program shall be designed to educate youth with regard
10to critical health problems and shall include, but not be limited to, the following
11topics as the basis for comprehensive education curricula in all elementary and
12secondary schools: controlled
SB70-SSA2-SA10,18,14 131. Controlled substances, as defined in s. 961.01 (4); controlled substance
14analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
SB70-SSA2-SA10,18,15 152. Mental health; sexually.
SB70-SSA2-SA10,18,17 163. Sexually transmitted diseases, including acquired immunodeficiency
17syndrome; human.
SB70-SSA2-SA10,18,18 184. Human growth and development; and.
SB70-SSA2-SA10,18,19 195. Other related health and safety topics as determined by the department.
SB70-SSA2-SA10,18,22 20(b) Participation in the human growth and development topic of the curricula
21described in par. (a) shall be entirely voluntary. The department may not require a
22school board to use a specific human growth and development curriculum.
SB70-SSA2-SA10,28 23Section 28. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
24created to read:
SB70-SSA2-SA10,18,2525 chapter 139
SB70-SSA2-SA10,19,1
1subchapter Iv
SB70-SSA2-SA10,19,22 marijuana tax and regulation
SB70-SSA2-SA10,19,3 3139.97 Definitions. In this subchapter:
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