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SB70-SSA2-SA10,26,6 5139.973 Regulation. (1) (a) No permittee may employ an individual who is
6under the age of 21 to work in the business to which the permit relates.
SB70-SSA2-SA10,26,97 (b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
8individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
9individual.
SB70-SSA2-SA10,26,11 10(2) A retail outlet shall sell no products or services other than usable marijuana
11or paraphernalia intended for the storage or use of usable marijuana.
SB70-SSA2-SA10,26,14 12(3) No marijuana retailer may allow a person who is under the age of 21 to enter
13or be on the premises of a retail outlet in violation of s. 961.71 (2m), unless that person
14is a qualifying patient, as defined in s. 73.17 (1) (d).
SB70-SSA2-SA10,26,17 15(4) The maximum amount of usable marijuana that a retail outlet may sell to
16an individual consumer in a single transaction may not exceed a permissible amount,
17as defined in s. 961.70 (3).
SB70-SSA2-SA10,26,20 18(4m) A marijuana retailer may not collect, retain, or distribute personal
19information regarding the retailer's customers except that which is necessary to
20complete a sale of usable marijuana.
SB70-SSA2-SA10,26,24 21(5) No marijuana retailer may display any signage in a window, on a door, or
22on the outside of the premises of a retail outlet that is visible to the general public
23from a public right-of-way, other than a single sign that is no larger than 1,600
24square inches identifying the retail outlet by the permittee's business or trade name.
SB70-SSA2-SA10,27,2
1(6) No marijuana retailer may display usable marijuana in a manner that is
2visible to the general public from a public right-of-way.
SB70-SSA2-SA10,27,4 3(7) No marijuana retailer or employee of a retail outlet may consume, or allow
4to be consumed, any usable marijuana on the premises of the retail outlet.
SB70-SSA2-SA10,27,6 5(7m) A marijuana retailer may operate a retail outlet only between the hours
6of 8 a.m. and 8 p.m.
SB70-SSA2-SA10,27,10 7(8) Except as provided under sub. (5), no marijuana producer, marijuana
8processor, marijuana distributor, marijuana retailer, or microbusiness may place or
9maintain, or cause to be placed or maintained, an advertisement of usable marijuana
10in any form or through any medium.
SB70-SSA2-SA10,27,19 11(9) (a) On a schedule determined by the department, every marijuana
12producer, marijuana processor, or microbusiness shall submit representative
13samples of the marijuana and usable marijuana produced or processed by the
14marijuana producer, marijuana processor, or microbusiness to a testing laboratory
15registered under s. 94.57 for testing marijuana and usable marijuana in order to
16certify that the marijuana and usable marijuana comply with standards prescribed
17by the department by rule, including testing for potency and for mold, fungus,
18pesticides, and other contaminants. The laboratory testing the sample shall destroy
19any part of the sample that remains after the testing.
SB70-SSA2-SA10,27,2220 (b) Marijuana producers, marijuana processors, and microbusinesses shall
21submit the results of the testing provided under par. (a) to the department in the
22manner prescribed by the department by rule.
SB70-SSA2-SA10,28,223 (c) If a representative sample tested under par. (a) does not meet the standards
24prescribed by the department, the department shall take the necessary action to
25ensure that the entire lot from which the sample was taken is destroyed. The

1department shall promulgate rules to determine lots and lot numbers for purposes
2of this subsection and for the reporting of lots and lot numbers to the department.
SB70-SSA2-SA10,28,6 3(10) (a) A marijuana processor or a microbusiness that operates as a marijuana
4processor shall affix a label to all usable marijuana that the marijuana processor or
5microbusiness sells to marijuana distributors. The label may not be designed to
6appeal to persons under the age of 18. The label shall include all of the following:
SB70-SSA2-SA10,28,87 1. The ingredients and the tetrahydrocannabinols concentration in the usable
8marijuana.
SB70-SSA2-SA10,28,99 2. The producer's business or trade name.
SB70-SSA2-SA10,28,1010 3. The producer's permit number.
SB70-SSA2-SA10,28,1111 4. The harvest batch number of the marijuana.
SB70-SSA2-SA10,28,1212 5. The harvest date.
SB70-SSA2-SA10,28,1313 6. The strain name and product identity.
SB70-SSA2-SA10,28,1414 7. The net weight.
SB70-SSA2-SA10,28,1515 8. The activation time.
SB70-SSA2-SA10,28,1716 9. The name of laboratory performing any test, the test batch number, and the
17test analysis dates.
SB70-SSA2-SA10,28,1918 10. The logotype for recreational marijuana developed by the department of
19agriculture, trade and consumer protection under s. 100.145.
SB70-SSA2-SA10,28,2120 11. Warnings about the risks of marijuana use and pregnancy and risks of
21marijuana use by persons under the age of 18.
SB70-SSA2-SA10,28,2522 (b) No marijuana processor or microbusiness that operates as a marijuana
23processor may make usable marijuana using marijuana grown outside this state.
24The label on each package of usable marijuana may indicate that the usable
25marijuana is made in this state.
SB70-SSA2-SA10,29,2
1(11) (a) No permittee may sell marijuana or usable marijuana that contains
2more than 3 parts tetrahydrocannabinols to one part cannabidiol.
SB70-SSA2-SA10,29,63 (b) No permittee may sell marijuana or usable marijuana that tests positive
4under sub. (9) (a) for mold, fungus, pesticides, or other contaminants if the
5contaminants, or level of contaminants, are identified by a testing laboratory to be
6potentially unsafe to the consumer.
SB70-SSA2-SA10,29,10 7(12) Immediately after beginning employment with a permittee, every
8employee of a permittee shall receive training, approved by the department, on the
9safe handling of marijuana and usable marijuana and on security and inventory
10accountability procedures.
SB70-SSA2-SA10,29,12 11(13) The department shall deposit all moneys received under this subchapter
12into the community reinvestment fund.
SB70-SSA2-SA10,29,19 13139.974 Records and reports. (1) Every permittee shall keep accurate and
14complete records of the production and sales of marijuana and usable marijuana in
15this state. The records shall be kept on the premises described in the permit and in
16such manner as to ensure permanency and accessibility for inspection at reasonable
17hours by the department's authorized personnel. The department shall prescribe
18reasonable and uniform methods of keeping records and making reports and shall
19provide the necessary forms to permittees.
SB70-SSA2-SA10,30,4 20(2) If the department determines that any permittee's records are not kept in
21the prescribed form or are in such condition that the department requires an unusual
22amount of time to determine from the records the amount of the tax due, the
23department shall give notice to the permittee that the permittee is required to revise
24the permittee's records and keep them in the prescribed form. If the permittee fails
25to comply within 30 days, the permittee shall pay the expenses reasonably

1attributable to a proper examination and tax determination at the rate of $30 a day
2for each auditor used to make the examination and determination. The department
3shall send a bill for such expenses, and the permittee shall pay the amount of such
4bill within 10 days.
SB70-SSA2-SA10,30,14 5(3) If any permittee fails to file a report when due, the permittee shall be
6required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
7mailed in a properly addressed envelope with postage prepaid, the envelope is
8officially postmarked, or marked or recorded electronically as provided under section
97502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is
10actually received by the department or at the destination that the department
11prescribes within 5 days of the due date. A report that is not mailed is timely if it
12is received on or before the due date by the department or at the destination that the
13department prescribes. For purposes of this subsection, “mailed" includes delivery
14by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
SB70-SSA2-SA10,30,19 15(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
16to confidentiality of income, franchise, and gift tax returns, apply to any information
17obtained from any permittee under this subchapter on a tax return, report, schedule,
18exhibit, or other document or from an audit report relating to any of those documents,
19except that the department shall publish production and sales statistics.
SB70-SSA2-SA10,30,22 20139.975 Administration and enforcement. (1) The department shall
21administer and enforce this subchapter and promulgate rules necessary to
22administer and enforce this subchapter.
SB70-SSA2-SA10,30,24 23(2) The duly authorized employees of the department have all necessary police
24powers to prevent violations of this subchapter.
SB70-SSA2-SA10,31,7
1(3) Authorized personnel of the department of justice and the department of
2revenue, and any law enforcement officer, within their respective jurisdictions, may
3at all reasonable hours enter the premises of any permittee and examine the books
4and records to determine whether the tax imposed by this subchapter has been fully
5paid and may enter and inspect any premises where marijuana or usable marijuana
6is produced, processed, made, sold, or stored to determine whether the permittee is
7complying with this subchapter.
SB70-SSA2-SA10,31,11 8(4) The department may suspend or revoke the permit of any permittee who
9violates s. 100.30, any provision of this subchapter, or any rules promulgated under
10sub. (1). The department shall revoke the permit of any permittee who violates s.
11100.30 3 or more times within a 5-year period.
SB70-SSA2-SA10,31,19 12(5) No suit shall be maintained in any court to restrain or delay the collection
13or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax
14when due and, if paid under protest, may at any time within 90 days from the date
15of payment sue the state to recover the tax paid. If it is finally determined that any
16part of the tax was wrongfully collected, the secretary of administration shall pay the
17amount wrongfully collected. A separate suit need not be filed for each separate
18payment made by any taxpayer, but a recovery may be had in one suit for as many
19payments as may have been made.
SB70-SSA2-SA10,31,25 20(6) (a) Any person may be compelled to testify in regard to any violation of this
21subchapter of which the person may have knowledge, even though such testimony
22may tend to incriminate the person, upon being granted immunity from prosecution
23in connection with the testimony, and upon the giving of such testimony, the person
24shall not be prosecuted because of the violation relative to which the person has
25testified.
SB70-SSA2-SA10,32,2
1(b) The immunity provided under par. (a) is subject to the restrictions under
2s. 972.085.
SB70-SSA2-SA10,32,4 3(7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed
4under this subchapter.
SB70-SSA2-SA10,32,10 5(8) Sections 71.74 (1), (2), (10), (11), and (14), 71.77, 71.91 (1) (a) and (c) and
6(2) to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes
7under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes
8under ch. 71 applies to the collection of the taxes under this subchapter, except that
9the period during which notice of an additional assessment shall be given begins on
10the due date of the report under this subchapter.
SB70-SSA2-SA10,32,14 11(9) Any building or place of any kind where marijuana or usable marijuana is
12sold, possessed, stored, or manufactured without a lawful permit or in violation of
13s. 139.972 or 139.973 is declared a public nuisance and may be closed and abated as
14such.
SB70-SSA2-SA10,32,17 15(10) At the request of the secretary of revenue, the attorney general may
16represent this state or assist a district attorney in prosecuting any case arising under
17this subchapter.
SB70-SSA2-SA10,32,24 18139.976 Theft of tax moneys. All marijuana tax moneys received by a
19permittee for the sale of marijuana or usable marijuana on which the tax under this
20subchapter has become due and has not been paid are trust funds in the permittee's
21possession and are the property of this state. Any permittee who fraudulently
22withholds, appropriates, or otherwise uses marijuana tax moneys that are the
23property of this state is guilty of theft under s. 943.20 (1), whether or not the
24permittee has or claims to have an interest in those moneys.
SB70-SSA2-SA10,33,6
1139.977 Seizure and confiscation. (1) All marijuana and usable marijuana
2produced, processed, made, kept, stored, sold, distributed, or transported in violation
3of this subchapter, and all tangible personal property used in connection with the
4marijuana or usable marijuana, is unlawful property and subject to seizure by the
5department or a law enforcement officer. Except as provided in sub. (2), all
6marijuana and usable marijuana seized under this subsection shall be destroyed.
SB70-SSA2-SA10,33,12 7(2) If marijuana or usable marijuana on which the tax has not been paid is
8seized as provided under sub. (1), it may be given to law enforcement officers to use
9in criminal investigations or sold to qualified buyers by the department, without
10notice. If the department finds that the marijuana or usable marijuana may
11deteriorate or become unfit for use in criminal investigations or for sale, or that those
12uses would otherwise be impractical, the department may order it destroyed.
SB70-SSA2-SA10,33,19 13(3) If marijuana or usable marijuana on which the tax has been paid is seized
14as provided under sub. (1), it shall be returned to the true owner if ownership can be
15ascertained and the owner or the owner's agent is not involved in the violation
16resulting in the seizure. If the ownership cannot be ascertained or if the owner or
17the owner's agent was guilty of the violation that resulted in the seizure of the
18marijuana or usable marijuana, it may be sold or otherwise disposed of as provided
19in sub. (2).
SB70-SSA2-SA10,34,13 20(4) If tangible personal property other than marijuana or usable marijuana is
21seized as provided under sub. (1), the department shall advertise the tangible
22personal property for sale by publication of a class 2 notice under ch. 985. If no person
23claiming a lien on, or ownership of, the property has notified the department of the
24person's claim within 10 days after last insertion of the notice, the department shall
25sell the property. If a sale is not practical the department may destroy the property.

1If a person claiming a lien on, or ownership of, the property notifies the department
2within the time prescribed in this subsection, the department may apply to the
3circuit court in the county where the property was seized for an order directing
4disposition of the property or the proceeds from the sale of the property. If the court
5orders the property to be sold, all liens, if any, may be transferred from the property
6to the sale proceeds. Neither the property seized nor the proceeds from the sale shall
7be turned over to any claimant of lien or ownership unless the claimant first
8establishes that the property was not used in connection with any violation under
9this subchapter or that, if so used, it was done without the claimant's knowledge or
10consent and without the claimant's knowledge of facts that should have given the
11claimant reason to believe it would be put to such use. If no claim of lien or ownership
12is established as provided under this subsection the property may be ordered
13destroyed.
SB70-SSA2-SA10,34,18 14139.978 Interest and penalties. (1) Any person who makes or signs any
15false or fraudulent report under this subchapter or who attempts to evade the tax
16imposed by s. 139.971, or who aids in or abets the evasion or attempted evasion of
17that tax, may be fined not more than $10,000 or imprisoned for not more than 9
18months or both.
SB70-SSA2-SA10,34,21 19(2) Any permittee who fails to keep the records required by s. 139.974 (1) and
20(2) shall be fined not less than $100 nor more than $500 or imprisoned not more than
216 months or both.
SB70-SSA2-SA10,35,2 22(3) Any person who refuses to permit the examination or inspection authorized
23under s. 139.975 (3) may be fined not more than $500 or imprisoned not more than
246 months or both. The department shall immediately suspend or revoke the permit

1of any person who refuses to permit the examination or inspection authorized under
2s. 139.975 (3).
SB70-SSA2-SA10,35,5 3(4) Any person who violates any of the provisions of this subchapter for which
4no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
5or imprisoned not less than 10 days nor more than 90 days or both.
SB70-SSA2-SA10,35,8 6(5) Any person who violates any of the rules promulgated in accordance with
7this subchapter shall be fined not less than $100 nor more than $500 or imprisoned
8not more than 6 months or both.
SB70-SSA2-SA10,35,12 9(6) In addition to the penalties imposed for violating the provisions of this
10subchapter or any of the department's rules, the department shall revoke the permit
11of any person convicted of such a violation and not issue another permit to that
12person for a period of 2 years following the revocation.
SB70-SSA2-SA10,35,16 13(7) Unpaid taxes bear interest at the rate of 12 percent per year from the due
14date of the return until paid or deposited with the department, and all refunded taxes
15bear interest at the rate of 3 percent per year from the due date of the return to the
16date on which the refund is certified on the refund rolls.
SB70-SSA2-SA10,35,18 17(8) All nondelinquent payments of additional amounts owed shall be applied
18in the following order: penalties, interest, tax principal.
SB70-SSA2-SA10,35,21 19(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per
20month until paid. The taxes imposed by this subchapter shall become delinquent if
21not paid:
SB70-SSA2-SA10,35,2322 (a) In the case of a timely filed return, no return filed or a late return, on or
23before the due date of the return.
SB70-SSA2-SA10,35,2524 (b) In the case of a deficiency determination of taxes, within 2 months after the
25date of demand.
SB70-SSA2-SA10,36,4
1(10) If due to neglect an incorrect return is filed, the entire tax finally
2determined is subject to a penalty of 25 percent of the tax exclusive of interest or
3other penalty. A person filing an incorrect return has the burden of proving that the
4error or errors were due to good cause and not due to neglect.
SB70-SSA2-SA10,36,10 5139.979 Personal use. An individual who possesses no more than 6
6marijuana plants that have reached the flowering stage at any one time is not subject
7to the tax imposed under s. 139.971. An individual who possesses more than 6
8marijuana plants that have reached the flowering stage at any one time shall apply
9for the appropriate permit under s. 139.972 and pay the appropriate tax imposed
10under s. 139.971.
SB70-SSA2-SA10,36,15 11139.980 Agreement with tribes. The department may enter into an
12agreement with a federally recognized American Indian tribe in this state for the
13administration and enforcement of this subchapter and to provide refunds of the tax
14imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members
15of the tribe residing on the tribal land.
SB70-SSA2-SA10,29 16Section 29. 157.06 (11) (hm) of the statutes is created to read:
SB70-SSA2-SA10,36,2017 157.06 (11) (hm) Unless otherwise required by federal law, a hospital,
18physician, procurement organization, or other person may not determine the
19ultimate recipient of an anatomical gift based solely upon a positive test for the use
20of marijuana by a potential recipient.
SB70-SSA2-SA10,30 21Section 30. 157.06 (11) (i) of the statutes is amended to read:
SB70-SSA2-SA10,36,2322 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in
23this section affects the allocation of organs for transplantation or therapy.
SB70-SSA2-SA10,31 24Section 31. 250.22 of the statutes is created to read:
SB70-SSA2-SA10,37,4
1250.22 Payments to counties. The department shall promulgate rules to
2establish grants to counties to support mental health and substance use disorder
3services. The department shall fund all grants established under this section from
4the appropriation under s. 20.435 (5) (q).
SB70-SSA2-SA10,32 5Section 32. 289.33 (3) (d) of the statutes is amended to read:
SB70-SSA2-SA10,37,236 289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
7authorization, approval, variance or exception or any restriction, condition of
8approval or other restriction, regulation, requirement or prohibition imposed by a
9charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
10a town, city, village, county or special purpose district, including without limitation
11because of enumeration any ordinance, resolution or regulation adopted under s.
1291.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
13(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
14(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
15(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
16(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
17(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1859.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
19(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
20and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
2161.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2287.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
23of ch. 91.
SB70-SSA2-SA10,33 24Section 33. 349.02 (2) (b) 4. of the statutes is amended to read:
SB70-SSA2-SA10,38,2
1349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
266.0107 (1) (bm).
SB70-SSA2-SA10,34 3Section 34. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended
4to read:
SB70-SSA2-SA10,38,165 961.70 (2) “Marijuana" means all parts of the plants of the genus Cannabis,
6whether growing or not; the seeds thereof; the resin extracted from any part of the
7plant; and every compound, manufacture, salt, derivative, mixture , or preparation
8of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration
9of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or
10preparation is greater than 0.3 percent on a dry weight basis
. “Marijuana" does
11include the mature stalks if mixed with other parts of the plant, but does not include
12fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
13compound, manufacture, salt, derivative, mixture, or preparation of the mature
14stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed
15of the plant which is incapable of germination. “Marijuana” does not include hemp,
16as defined in s. 94.55 (1).
SB70-SSA2-SA10,35 17Section 35. 961.11 (4g) of the statutes is repealed.
SB70-SSA2-SA10,36 18Section 36. 961.14 (4) (t) of the statutes is repealed.
SB70-SSA2-SA10,37 19Section 37. 961.32 (2m) of the statutes is repealed.
SB70-SSA2-SA10,38 20Section 38. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
21renumbered, is amended to read:
SB70-SSA2-SA10,38,22 22961.75 (title) Controlled substances Marijuana therapeutic research.
SB70-SSA2-SA10,39 23Section 39. 961.38 (1n) of the statutes is repealed.
SB70-SSA2-SA10,40 24Section 40. 961.41 (1) (h) of the statutes is repealed.
SB70-SSA2-SA10,41 25Section 41. 961.41 (1m) (h) of the statutes is repealed.
SB70-SSA2-SA10,42
1Section 42. 961.41 (1q) of the statutes is repealed.
SB70-SSA2-SA10,43 2Section 43. 961.41 (1r) of the statutes is amended to read:
SB70-SSA2-SA10,39,133 961.41 (1r) Determining weight of substance. In determining amounts under
4s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
5of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic
6acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
7tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any
8controlled substance analog of any of these substances together with any compound,
9mixture, diluent, plant material or other substance mixed or combined with the
10controlled substance or controlled substance analog. In addition, in determining
11amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
12means anything included under s. 961.14 (4) (t) and includes the weight of any
13marijuana.
SB70-SSA2-SA10,44 14Section 44. 961.41 (1x) of the statutes is amended to read:
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